Missouri Statute | Act | Code |Occupations And Professions| US Code - US Statute | Chapter 346 Hearing Aid Fitters And Dealers

Sections 346.010 to 346.250 shall be known and may be cited as
the "Hearing Instrument Specialists Act". (L. 1995 S.B. 69, et al. §
346.137)

As used in sections 346.010 to 346.250, except as the context
may require otherwise, the following terms mean:

(1) "Audiologist", a clinical audiologist licensed pursuant to chapter
345, RSMo;

(2) "Board", the Missouri board of examiners for hearing instrument
specialists, which is established in section 346.120;

(3) "Department", the department of economic development;

(4) "Division", the division of professional registration in the
department of economic development;

(5) "Hearing instrument" or "hearing aid", any wearable instrument or
device designed for or offered for the purpose of aiding or compensating
for impaired human hearing and any parts, attachments, or accessories,
including earmold, but excluding batteries, cords, receivers and repairs;

(6) "Hearing instrument specialist" or "specialist", a person licensed by
the state pursuant to sections 346.010 to 346.250 who is authorized to
engage in the practice of fitting hearing instruments;

(7) "Hearing instrument specialist in-training", a person who holds a
temporary permit issued by the division to fit hearing instruments under
the supervision of a hearing instrument specialist;

(8) "License", a license issued by the state under sections 346.010 to
346.250 to hearing instrument specialists;

(9) "Otolaryngologist", a person licensed to practice medicine and
surgery in the state of Missouri pursuant to chapter 334, RSMo, and who
spends the majority of the person's practice seeing patients with ear,
nose, and throat diseases;

(10) "Person", an individual, corporation, partnership, joint venture,
association, trust or any other legal entity;

(11) "Practice of fitting hearing instruments", the selection,
adaptation, and sale of hearing instruments, including the testing and
evaluation of hearing by means of an audiometer and the making of
impressions for earmolds;

(12) "Sell or sale", any transfer of title or of the right to use by
lease, bailment, or any other contract, excluding wholesale transactions
with distributors or dealers;

(13) "Registration of supervision", the process of obtaining a
certificate of authority issued by the division to a hearing instrument
specialist that enables the specialist to supervise one or more hearing
instrument specialists in-training, as defined by division rules;

(14) "Supervised training", the program of education and experience, as
defined by division rule, required to be followed by each hearing
instrument specialist in-training;

(15) "Supervisor", a hearing instrument specialist who has filed a
registration of supervision with the board and has received from the
division a certificate of authority;

(16) "Temporary permit", a permit issued by the division while the
applicant is in training to become a licensed hearing instrument
specialist. (L. 1973 H.B. 396 & 257 § 1, A.L. 1995 S.B. 69, et al.)

1. No person shall engage in the practice of fitting hearing
instruments or display a sign or in any other way advertise or represent
such person by any other words, letters, abbreviations or insignia
indicating or implying that the person practices the fitting of hearing
instruments unless the person holds a valid license issued by the
division as provided in this chapter. The license shall be conspicuously
posted in the person's office or place of business. Duplicate licenses
shall be issued by the department to valid license holders operating more
than one office, without additional payment. A license under this chapter
shall confer upon the holder the right to select, fit and sell hearing
instruments.

2. Each person licensed pursuant to sections 346.010 to 346.250 shall
display the license in an appropriate and public manner and shall keep
the board informed of the licensee's current address. A license issued
pursuant to sections 346.010 to 346.250 is the property of the division
and must be surrendered on demand in the event of expiration or after a
final determination is made with respect to revocation, suspension or
probation.

3. Nothing in this chapter shall prohibit a corporation, partnership,
trust, association or other like organization maintaining an established
business address from engaging in the business of selling or offering for
sale hearing instruments at retail, provided that it employ only properly
licensed hearing instrument specialists in the direct sale and fitting of
such instruments. Each corporation, partnership, trust, association or
other like organization shall file annually with the board on a form
provided by the board, a list of all licensed hearing instrument
specialists employed by it. Each organization shall also file with the
division a statement, on a form provided by the division, that it agrees
to comply with the rules and regulations of the division and the
provisions of*.

4. Any person who violates any provision of this section is guilty of a
class B misdemeanor. (L. 1973 H.B. 396 & 257 §§ 2, 3, 29, A.L. 1981 S.B.
16, A.L. 1995 S.B. 69, et al.)

*Incomplete sentence occurred during amending process. Intent unknown.

1. Any person who engages in the practice of fitting hearing
instruments shall deliver to each person supplied with a hearing
instrument a completed purchase agreement which shall include the
licensee's signature, business address and the licensee's license number,
together with specifications as to the make, model and serial number of
the hearing instrument furnished. The terms of the sale shall be clearly
stated in the purchase agreement using ordinary English language and
terminology which is easily understood by the purchaser. The purchase
agreement shall include, at a minimum: the exact amount of any down
payment, the length of any trial period provided, the amount of any
charges or service fees connected with any trial period and any right of
the purchaser to return the hearing instrument. If no right exists to
return the hearing instrument, the seller shall specify such in writing
in the agreement. If a hearing instrument which is not new is sold, the
purchase agreement and the container thereof shall be clearly marked as
"used", "recased" or "reconditioned", whichever is applicable, with terms
of guarantee, if any.

2. If a hearing instrument is remanufactured or assembled by someone
other than the manufacturer of the component parts, the purchase
agreement shall contain the name of the manufacturer of the component
parts and the assembler or reassembler of such hearing instrument. (L.
1973 H.B. 396 & 257 § 4, A.L. 1995 S.B. 69, et al.)

Any licensed hearing instrument specialist, when dealing with a
person eighteen years of age or under, shall ensure that the person has
been examined by an otolaryngologist or a physician licensed to practice
in Missouri, or a licensed audiologist, and has received a written
recommendation from such health care professional within ninety days
prior to the fitting. (L. 1973 H.B. 396 & 257 § 5, A.L. 1995 S.B. 69, et
al.)

Sections 346.010 to 346.250 are not intended to prevent any
audiologist licensed pursuant to chapter 345, RSMo, from engaging in the
practice of measuring human hearing for the purpose of selection of
hearing aids, provided such audiologist, or organization employing such
audiologist, does not sell hearing instruments, or accessories thereto,
except in the case of earmolds provided by an audiologist to be used only
for the purpose of audiologic evaluation. (L. 1973 H.B. 396 & 257 § 6,
A.L. 1995 S.B. 69, et al.)

1. Sections 346.010 to 346.250 shall not apply to a person who
is a physician licensed to practice in Missouri pursuant to chapter 334,
RSMo.

2. Sections 346.010 to 346.250 shall not apply to an audiologist,
provided such person or organization employing such person does not
engage in the sale of hearing aids. (L. 1973 H.B. 396 & 257 § 7, A.L.
1995 S.B. 69, et al.)

The division shall license each qualified applicant, without
discrimination, who passes an examination as provided in this chapter and
upon the applicant's payment of the examination fee and the license fee,
shall issue to the applicant a license. (L. 1973 H.B. 396 & 257 § 9, A.L.
1981 S.B. 16, A.L. 1995 S.B. 69, et al.)

Whenever the board determines that another state or jurisdiction
has requirements equivalent to or higher than those in effect pursuant to
sections 346.010 to 346.250 and that such state or jurisdiction has a
program equivalent to or stricter than the program for determining
whether an applicant, pursuant to sections 346.010 to 346.250 is
qualified to engage in the practice of fitting hearing instruments, the
division upon recommendation by the board shall issue a license to
applicants who hold current, unsuspended and unrevoked certificates or
licenses to fit hearing instruments in such other state or jurisdiction
provided that such jurisdiction extends like privileges for reciprocal
licensing or certification to persons licensed by this state with similar
qualifications. No such applicant for licensure shall be required to
submit to or undergo a qualifying examination other than the payment of
fees pursuant to sections 346.045 and 346.095. Such applicant shall be
registered in the same manner as licensees in this state. The fee for an
initial license issued pursuant to this section shall be the same as the
fee for an initial license issued pursuant to section 346.045. Fees,
grounds for renewal, and procedures for the suspension and revocation of
licenses granted pursuant to this section shall be the same as for
renewal, suspension and revocation of an initial license issued pursuant
to section 346.045. (L. 1973 H.B. 396 & 257 § 10, A.L. 1995 S.B. 69, et
al.)

An applicant may obtain a license by successfully passing a
qualifying examination of the type described in sections 346.010 to
346.250, provided the applicant:

(1) Is at least twenty-one years of age;

(2) Is of good moral character;

(3) Has an education equivalent to at least a high school diploma from an
accredited high school. (L. 1973 H.B. 396 & 257 § 11, A.L. 1981 S.B. 16,
A.L. 1995 S.B. 69, et al.)

1. An applicant for license by examination shall appear at a
time, place, and before such persons as the board may designate to be
examined by means of written and practical tests in order to demonstrate
that the applicant is qualified to engage in the practice of fitting
hearing instruments. Nothing in this examination shall imply that the
applicant shall possess the degree of medical competence normally
expected of physicians.

2. Notwithstanding the provisions of subsection 1 of this section, any
applicant who is an audiologist licensed pursuant to chapter 345, RSMo,
and who holds the certification of clinical competence or is completing
the clinical fellowship year offered by the American
Speech-Language-Hearing Association shall not be required to pass either
the written exam or the practical exam for licensure as a hearing
instrument specialist in this state. (L. 1973 H.B. 396 & 257 § 12, A.L.
1995 S.B. 69, et al.)

The board shall give examinations with sufficient frequency to
permit applicants to be examined within six months following the
submission of the license application. (L. 1973 H.B. 396 & 257 § 13, A.L.
1995 S.B. 69, et al.)

An applicant who fulfills the requirements regarding age,
character, and education as set forth in section 346.055, may obtain a
temporary permit upon application to the board, as defined by division
rule. (L. 1973 H.B. 396 & 257 § 14, A.L. 1995 S.B. 69, et al.)

1. Upon receiving an application as provided under section
346.070 and accompanied by a temporary permit fee, the division shall
issue a temporary permit which shall entitle the applicant to engage in
supervised training for a period of one year. A holder of a temporary
permit who is engaged in supervised training under a supervisor is
authorized to use only the title "hearing instrument specialist in-
training", or its equivalent, as defined by division rule. A hearing
instrument specialist in-training shall not hold himself out to the
public by any title, term, or words that give the impression that the
permit holder is a licensed hearing instrument specialist. The division,
upon recommendation of the board, shall have the power to suspend or
revoke the temporary permit of any person who violates the provisions of
this subsection.

2. A licensed hearing instrument specialist shall be responsible for the
supervised training of no more than two holders of a temporary permit and
shall maintain adequate supervision, as defined by division rule. The
division, upon recommendation of the board, shall issue a certificate of
registration to a hearing instrument specialist who has qualified himself
to provide supervised training to permit holders. The qualifications for
a supervisor shall be established by division rule, with the advice of
the board. A fee shall be charged for any registration of supervision, as
defined by division rule. The division may withdraw the certificate of
authority from any supervisor who violates any provision of sections
346.010 to 346.250 or any rule promulgated pursuant thereto. (L. 1973
H.B. 396 & 257 § 15, A.L. 1981 S.B. 16, A.L. 1995 S.B. 69, et al.)

If a hearing instrument specialist in-training under this
section or section 346.075 has not successfully passed the licensing
examination within one year from the date of issuance of the temporary
permit, the temporary permit may be renewed by the division once for a
period of six months upon payment by the applicant of a fee, as defined
by division rule. (L. 1973 H.B. 396 & 257 § 16, A.L. 1981 S.B. 16, A.L.
1995 S.B. 69, et al.)

The qualifying examination provided in section 346.060 shall be
designed to demonstrate the applicant's adequate technical qualifications
in the practice of fitting hearing instruments as defined by the board.
(L. 1973 H.B. 396 & 257 § 17, A.L. 1995 S.B. 69, et al.)

1. A licensee shall notify the board in writing of the regular
address of the place or places where the licensee engages or intends to
engage in the practice of fitting hearing instruments, and the board
shall keep a record of the place of business of licensees.

2. Any notice required to be given by the board or division to a person
who holds a license shall be mailed to the licensee at the address of the
last known place of business. (L. 1973 H.B. 396 & 257 §§ 18, 19, A.L.
1995 S.B. 69, et al.)

Each person who engages in the practice of fitting hearing
instruments shall, on or before the renewal date, pay to the division the
required fee, present written evidence to the board of annual calibration
of all audiometers, and furnish to the board satisfactory evidence of
having successfully completed an educational program approved by the
board. The licensee shall keep such license conspicuously posted in
licensee's office or place of business at all times. Where more than one
office is operated by the licensee, duplicate licenses shall be issued by
the division for posting in each location. After the expiration date of a
license, the division may renew a license upon payment of the required
penalty fee to the division. No person whose license has expired shall be
required to submit to any examination as a condition of renewal, provided
such renewal application is made within two years from the date of such
expiration and all renewal requirements have been met as set forth in
this section. (L. 1973 H.B. 396 & 257 § 20, A.L. 1981 S.B. 16, A.L. 1995
S.B. 69, et al.)

1. Any person wishing to make a complaint against a licensee
under sections 346.010 to 346.250 shall reduce the same to writing and
file the complaint with the board, setting forth the details thereof upon
which the complaint is based. If the board, following an investigation,
determines the charges made in the complaint are sufficient to warrant a
hearing to determine whether the license issued under sections 346.010 to
346.250 shall be suspended or revoked, the board shall request the
division to file a complaint with the administrative hearing commission
as provided by chapter 621, RSMo.

2. After the filing of such complaint, the proceedings shall be conducted
in accordance with the provisions of chapter 621, RSMo. Upon a finding by
the administrative hearing commission that the grounds, provided in
subsection 2 of section 346.105, for disciplinary action are met, the
division in collaboration with the board may, singly or in combination,
censure or place the person named in the complaint on probation on such
terms and conditions as the division in collaboration with the board
deems appropriate for a period not to exceed five years, or may suspend,
for a period not to exceed three years, or revoke the license or
certificate.

3. The board shall maintain an information file containing each complaint
filed with the board relating to a licensee. The board, at least
quarterly, shall notify the complainant and licensee of the complaint's
status until final disposition. (L. 1973 H.B. 396 & 257 § 21, A.L. 1981
S.B. 16, A.L. 1995 S.B. 69, et al.)

1. The division may refuse to issue any certificate of
registration or authority, permit or license required pursuant to this
chapter, upon recommendation of the board, for one or any combination of
causes stated in subsection 2 of this section. The board shall notify the
applicant in writing of the reasons for the refusal and shall advise the
applicant of the applicant's right to file a complaint with the
administrative hearing commission as provided by chapter 621, RSMo.

2. The division may cause a complaint to be filed with the administrative
hearing commission as provided by chapter 621, RSMo, against any holder
of any certificate of registration or authority, permit or license
required by this chapter or against any person who has failed to renew or
has surrendered such person's certificate of registration or authority,
permit or license for any one or any combination of the following causes:

(1) Use of any controlled substance, as defined in chapter 195, RSMo, or
alcoholic beverage to an extent that such use impairs a person's ability
to perform the work of any profession licensed or regulated by this
chapter;

(2) The person has been finally adjudicated and found guilty, or entered
a plea of guilty or nolo contendere, in a criminal prosecution under the
laws of any state or of the United States, for any offense reasonably
related to the qualification, functions or duties of any profession
licensed or regulated under this chapter, for any offense an essential
element of which is fraud, dishonesty or an act of violence, or for any
offense involving moral turpitude, whether or not sentence is imposed;

(3) Use of fraud, deception, misrepresentation or bribery in securing any
certificate of registration or authority, permit or license issued
pursuant to this chapter or in obtaining permission to take any
examination given or required pursuant to this chapter;

(4) Obtaining or attempting to obtain any fee, charge, tuition or other
compensation by fraud, deception or misrepresentation;

(5) Incompetency, misconduct, gross negligence, fraud, misrepresentation
or dishonesty in the performance of the functions or duties of any
profession licensed or regulated by this chapter;

(6) Violation of, or assisting or enabling any person to violate, any
provision of this chapter, or of any lawful rule or regulation adopted
pursuant to this chapter;

(7) Impersonation of any person holding a certificate of registration or
authority, permit or license or allowing any person to use his or her
certificate of registration or authority, permit, license or diploma from
any school;

(8) Disciplinary action against the holder of a license or other right to
practice any profession regulated by this chapter granted by another
state, territory, federal agency or country upon grounds for which
revocation or suspension is authorized in this state;

(9) A person is finally adjudged insane or incompetent by a court of
competent jurisdiction;

(10) Assisting or enabling any person to practice or offer to practice
any profession licensed or regulated by this chapter who is not
registered and currently eligible to practice under this chapter;

(11) Issuance of a certificate of registration or authority, permit or
license based upon a material mistake of fact;

(12) Failure to display a valid certificate or license if so required by
this chapter or any rule promulgated hereunder;

(13) Violation of any professional trust or confidence;

(14) Use of any advertisement or solicitation which is false, misleading
or deceptive to the general public or persons to whom the advertisement
or solicitation is primarily directed;

(15) Representing that the service or advice of a person licensed as a
physician pursuant to chapter 334, RSMo, will be used or made available
in the selection, fitting, adjustment, maintenance or repair of hearing
instruments when that is not true, or using the words "doctor", "clinic",
"clinical audiologist", "state-licensed clinic", "state registered",
"state certified", or "state approved" or any other term, abbreviation,
or symbol when it would falsely give the impression that service is being
provided by physicians licensed pursuant to chapter 334, RSMo, or by
audiologists licensed pursuant to chapter 345, RSMo, or that the
licensee's service has been recommended by the state when such is not the
case. (L. 1973 H.B. 396 & 257 § 22, A.L. 1981 S.B. 16, A.L. 1995 S.B. 69,
et al.)

No person shall:

(1) Sell through the mails, hearing instruments without prior fitting and
testing by a hearing instrument specialist;

(2) Sell, barter, or offer to sell or barter a license;

(3) Purchase or procure by barter a license with intent to use it as
evidence of the holder's qualification to engage in the practice of
fitting hearing instruments;

(4) Alter a license with fraudulent intent;

(5) Use or attempt to use as a valid license a license which has been
purchased, fraudulently obtained, counterfeited or materially altered;

(6) Willfully make a false statement in an application for license or
application for renewal of a license. (L. 1973 H.B. 396 & 257 § 23, A.L.
1995 S.B. 69, et al.)

1. The powers and duties of the division are as follows:

(1) To exercise all budgeting, purchasing, reporting and other related
management functions;

(2) To supervise the issuance and renewal of permits, licenses and
certificates of registration or authority;

(3) To license persons who apply to the board and who are qualified to
engage in the practice of fitting hearing instruments;

(4) To assist the board in obtaining facilities necessary to carry out
the examination of applicants as provided in section 346.035;

(5) To employ, within the funds appropriated, such staff as are necessary
to carry out the provisions of sections 346.010 to 346.250;

(6) To recommend for prosecution any person who has violated any
provisions of sections 346.010 to 346.250 to an appropriate prosecuting
or circuit attorney;

(7) To make and publish rules and regulations, in collaboration with the
board, not inconsistent with the laws of this state which are necessary
to carry out the provisions of sections 346.010 to 346.250. These rules
and regulations shall be filed in the office of the secretary of state in
accordance with chapter 536, RSMo;

(8) To set the amount of the fees which this chapter authorizes and
requires by rules and regulations promulgated pursuant to section
536.021, RSMo. The division shall set fees which reflect the cost and
expense of administering this chapter.

2. No rule or portion of a rule promulgated under the authority of this
chapter shall become effective unless it has been promulgated pursuant to
the provisions of section 536.024, RSMo. (L. 1973 H.B. 396 & 257 § 24,
A.L. 1981 S.B. 16, A.L. 1993 S.B. 52, A.L. 1995 S.B. 3 merged with S.B.
69, et al.)

1. There is hereby established the "Missouri Board of Examiners
for Hearing Instrument Specialists", which shall guide, advise and make
recommendations to the division. The council for hearing aid dealers and
fitters is abolished. Nothing herein shall be construed to prevent the
appointment of any current member of the council for hearing aid dealers
and fitters to the Missouri board of examiners for hearing instrument
specialists upon August 28, 1995.

2. Members of the board shall be United States citizens and residents of
the state for a period of not less than one year. The board shall consist
of five hearing instrument specialists, one otolaryngologist, one voting
public member and one audiologist holding a certificate of clinical
competence and licensed pursuant to chapter 345, RSMo. Each hearing
instrument specialist on the board shall have no less than five years of
experience in the practice of fitting hearing instruments and shall hold
a valid license as a hearing instrument specialist as provided in
sections 346.010 to 346.250.

3. Each member of the board shall be appointed by the governor with the
advice and consent of the senate. The term of office of each member shall
be for four years, except that the first board appointed shall consist of
two members, one of which shall be the public member, whose terms shall
be for four years, two members whose terms shall be for three years, two
members whose terms shall be for two years and two members whose terms
shall be for one year. Upon the expiration of a member's term, the
governor shall appoint a successor. The members of the board shall
annually designate one member to serve as chairperson and another to
serve as vice chairperson. Upon the absence of the chairperson, the vice
chairperson shall assume the duties of the chairperson.

4. No member of the board who has served a full term may be reappointed
to the board until at least one year after the expiration of the member's
term of office.

5. Each member of the board shall receive as compensation an amount set
by the division for each day devoted to the affairs of the board and
shall be reimbursed for the member's actual and necessary expenses
incurred in the performance of the member's duties.

6. The public member shall be at the time of appointment a citizen of the
United States, a resident of this state for a period of one year and a
registered voter; a person who is not, and never was, a member of any
profession licensed or regulated under this chapter or the spouse of such
person; and a person who does not have, and never has had, a material
financial interest in either the providing of the professional services
regulated by this chapter, or any activity or organization directly
related to any profession licensed or regulated under this chapter. The
duties of the public member shall not include the determination of the
technical requirements to be met for licensure or whether any person
meets such technical requirements or of the technical competence or
technical judgment of a licensee or a candidate for licensure.

7. No member of the board shall use his or her position on the board to
advance any financial or material interest the member may have in the
provision of professional services regulated by sections 346.010 to
346.250. Members of the board may be removed from office for cause. Upon
death, resignation or removal from office of any member of the board, any
such vacancy shall be filled by the governor.

8. The board may sue and be sued as the Missouri board of examiners for
hearing instrument specialists, and its members need not be named as
parties. Members of the board shall not be personally liable, either
jointly or severally, for any act committed in the performance of their
official duties as board members, nor shall any board member be
personally liable for any costs which accrue in any action by or against
the board. (L. 1973 H.B. 396 & 257 § 25, A.L. 1981 S.B. 16, A.L. 1995
S.B. 69, et al.)

CROSS REFERENCE: Public member, additional duties, RSMo 620.132

1. The board shall, in collaboration with the division:

(1) Provide advice to the division on all matters pertaining to licensure
pursuant to sections 346.010 to 346.250;

(2) Receive and process complaints;

(3) Review all complaints, authorize investigations wherein there is a
possible violation of sections 346.010 to 346.250 or regulations
promulgated pursuant thereto, and make recommendations to the division
regarding any filing with the administrative hearing commission;

(4) Adopt and publish a code of ethics;

(5) Establish an official seal;

(6) Provide an examination for applicants. The board may obtain the
services of specially trained and qualified persons or organizations to
assist in developing or conducting examinations;

(7) Review the examination results of applicants for licensure;

(8) Determine the appropriate educational requirements, as defined by
division rule, for any applicant desiring to be registered as a permit
holder, a hearing instrument specialist, or a supervisor;

(9) Follow the provisions of the division's administrative practices and
procedures in conducting all official duties.

2. The chairperson or vice chairperson shall have power to administer
oaths and to subpoena witnesses to require attendance and testimony and
to require production of documents and records, and to that end the board
may invoke the aid of the circuit court of any county of the state having
jurisdiction over the witness, and any failure to obey the order of the
court may be punished by the court as a contempt thereof. (L. 1973 H.B.
396 & 257 § 26, A.L. 1981 S.B. 16, A.L. 1995 S.B. 69, et al.)

The board shall meet not less than twice each year at a place,
day and hour determined by the board. The board shall also meet at such
other times and places as may be requested by the division or on the call
of the chairperson. (L. 1973 H.B. 396 & 257 § 27, A.L. 1995 S.B. 69, et
al.)

1. All fees and charges payable pursuant to this chapter shall
be collected by the division and transmitted to the department of revenue
for deposit in the state treasury to the credit of the fund to be known
as the "Hearing Instrument Specialist Fund", which is hereby created.
Money in the hearing instrument specialist fund shall be available by
appropriation to the council to pay its expenses in administering
sections 346.010 to 346.250.

2. Money in the hearing instrument specialist fund shall not be
transferred and placed to the credit of general revenue until the amount
in the fund at the end of the biennium exceeds two times the amount of
the appropriation from the council's funds for the preceding fiscal year
or, if the division requires by rule renewal less frequently than yearly
then three times the appropriation from the fund for the preceding fiscal
year. The amount, if any, in the fund which shall lapse is that amount in
the fund which exceeds the appropriate multiple of the appropriation from
the council's funds for the preceding year. (L. 1973 H.B. 396 & 257 § 28,
A.L. 1981 S.B. 16, A.L. 1995 S.B. 58 merged with S.B. 69, et al., A.L.
2004 S.B. 1122)

No part of this act* shall be construed to allow individuals to
diagnose and treat medical conditions pursuant to chapter 334, RSMo. (L.
1995 S.B. 69, et al. § 1)

*"This act" (S.B. 69, et al., 1995) contains numerous sections. Consult
Disposition of Sections Table for a definitive listing.

1. Any individual, firm, corporation, partnership, trust, or
association, and any officer, director, partner, trustee, agent, or
employee thereof who violates the provisions of section 346.110 is guilty
of a class B misdemeanor. Each violation shall be deemed a separate
offense and prosecuted individually.

2. In addition to other remedies, an action of injunction may be brought
and maintained by the state of Missouri to enjoin any violation of
section 346.110. (L. 1984 H.B. 1036 §§ 1, 2, A.L. 1995 S.B. 69, et al.)

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