Missouri Statute | Act | Code |Public Health And Welfare| US Code - US Statute | Chapter 209 Aid To The Blind--rights Of Persons With Visual, Hearing Or

The duties of the division of family services shall be to
prepare and maintain a complete register of the blind persons within this
state and to collate information concerning their physical condition,
cause of blindness and such additional information as may be useful to
the division in the performance of its other duties as herein enumerated,
and to investigate and report to the general assembly from time to time
the condition of the blind within this state, with its recommendations
concerning the best method of relief for the blind; to adopt such
measures as the division may deem expedient for the prevention and cure
of blindness; to establish and maintain at such places within this state
as the division may deem expedient shops and workrooms for the employment
of blind persons capable of useful labor, and to provide superintendence
and other assistance therefor and instruction therein; to compensate the
persons so employed in the manner and to the extent that the division
shall deem proper; to provide such means for the sale of the products of
the blind as the division shall deem expedient; to act as a bureau of
information for the purpose of securing employment for the blind of this
state elsewhere than in the shops and workrooms of the division and to
this end the division is authorized to procure and furnish materials and
tools and to furnish aid and assistance to blind persons engaged in home
industries and to buy and sell the products of the blind wherever and
however produced within this state; to provide for the temporary cost of
the food, raiment and shelter of deserving blind persons engaged in
useful labor; to ameliorate the condition of the blind by such means
consistent with the provisions of sections 209.010 to 209.160 as the
division may deem expedient; provided, however, that no part of the funds
appropriated by the state shall be used for solely charitable purposes;
the object and purpose of sections 209.010 to 209.160 being to encourage
capable blind persons in the pursuit of useful labor and to provide for
the prevention and cure of blindness. (RSMo 1939 § 9447)

Prior revisions: 1929 § 8889; 1919 § 12361

CROSS REFERENCES: Division of family services to administer aid or
pension to blind persons, RSMo 207.010 Readers for blind persons
attending college in this state, RSMo 178.160 to 178.180

Said division of family services is authorized to receive and
use for the purposes herein enumerated, or any of them, donations and
bequests, and is authorized to expend such donations and bequests in such
manner as it may deem proper within the limitations imposed by the donors
thereof. (RSMo 1939 § 9448) Prior revisions: 1929 § 8890; 1919 § 12362

Every adult blind person, eighteen years of age or over, of good
moral character who shall have been a resident of the state of Missouri
for one year or more next preceding the time of making application for
the pension herein provided and every adult blind person eighteen years
of age or over who may have lost his or her sight while a bona fide
resident of this state and who has been a continuous resident thereof
since such loss of sight, shall be entitled to receive, when enrolled
under the provisions of sections 209.010 to 209.160, an annual pension as
provided for herein, payable in equal monthly installments, provided that
no such person shall be entitled to a pension who owns property or has an
interest in property to the value of twenty thousand dollars or more, or
if married and actually living with husband or wife, if the value of his
or her interest in property, together with that of such husband or wife,
exceeds said amount; provided, further, that in determining the total
value of property owned, the real estate occupied by the blind person or
spouse as the home, shall be excluded; or who has a sighted spouse
resident in this state who upon the investigation of the division of
family services may be found to be able to provide for the reasonable
support of such applicant, or while publicly soliciting alms in any
manner or through any artifice in any part of this state; and provided,
further, that blind persons who are maintained in private or endowed
institutions or who are inmates of a public institution shall not be
entitled to the benefits of sections 209.010 to 209.160, except as a
patient in a public medical institution; provided, benefits shall not be
paid to a blind person under sixty-five years of age, who is a patient in
an institution for mental diseases or tuberculosis. In order to comply
with federal laws and regulations and state plans in making payments to
or on behalf of mentally ill individuals sixty-five years of age, or
over, who are patients in a state mental institution, the division of
family services shall require agreements or other arrangements with the
institution to provide a framework for cooperation and to assure that
state plan requirements and federal laws and regulations relating to such
payment will be observed. In the event the federal laws or regulations
will not permit approval of the state plan for benefit payments to or on
behalf of an individual who is sixty-five years of age, or over, and is a
patient in a state institution for mental diseases, this portion of this
section shall be inoperative until approval of a state plan is obtained.
(RSMo 1939 § 9451, A.L. 1943 p. 786, A.L. 1945 p. 1351, A.L. 1947 V. II
p. 329, A.L. 1949 p. 531, A.L. 1951 p. 762, A.L. 1953 p. 641, A.L. 1955
p. 696, A.L. 1959 H.B. 73, A.L. 1967 p. 328, A.L. 1969 H.B. 225, A.L.
1972 S.B. 483, A.L. 1981 H.B. 360)

1. Any proceeds from involuntary conversion of real property
into personal property (such as forced transfer under condemnation,
eminent domain, and fire, flood or other act of God) received by a
recipient while eligible to receive blind pension benefits under existing
laws shall be considered real property for a period of one year from the
time of their receipt.

2. For the purposes of this section the word "receipt" means actual
receipt of the proceeds or the payment into court of the proceeds, except
that in condemnation cases where the initial exception to the
commissioner's award is filed by the condemning authority, the word
"receipt" means receipt of an award under a final judgment. (L. 1972 S.B.
483)

1. No person shall be entitled to a pension under sections
209.010 to 209.160 who does not have vision with or without properly
adjusted glasses, up to but not including five two-hundredths, or whose
best visual field is five degrees as tested with five millimeter target
on perimeter. No person shall be entitled to receive a pension except
upon a scientific vision test supported by a certificate of an
ophthalmologist, a physician skilled in disease of the eye, or an
optometrist, designated or approved by the department of social services
to make such examination. To continue to be eligible to receive a pension
under the provisions of this section, a person shall present to the
department of social services every fifth year after the initial vision
test a new certificate of an ophthalmologist, a physician skilled in
disease of the eye, or an optometrist, designated or approved by the
department to make a scientific vision test that such person continues to
meet the requirements of this section. Every person passing the vision
test and having the other qualifications provided in sections 209.010 to
209.160 shall be entitled to receive a monthly pension in an amount
established by appropriations made by the general assembly for that
purpose but not less than three hundred forty dollars; except that
pensions to the blind as provided herein shall not be payable to a blind
person unless such person has been declared ineligible to receive aid
under the federal supplemental security income program, nor shall
pensions to the blind as provided herein be payable to any person who is
receiving general relief assistance.

2. If the funds at the disposal of or which may be obtained by the
department of social services for the payment of benefits under this
section shall at any time become insufficient to pay the full amount of
benefits to each person entitled thereto, the amount of benefits of each
one of such persons shall be reduced pro rata in proportion to such
deficiency in the total amount available or to become available for such
purpose.

3. Medical assistance for blind recipients eligible for such assistance
under the provisions of sections 208.151 to 208.158, RSMo, shall be
payable as provided in sections 208.151 to 208.158, RSMo, without regard
to any durational residence requirement for eligibility out of funds
designated for such medical assistance and not from the blind pension
fund.

4. The monthly pension provided in subsection 1 of this section shall be
increased by the general assembly by an appropriation bill by a monthly
pension amount which equals one-twelfth of the quotient obtained by
dividing seventy-five percent of the annual growth of funds in the blind
pension fund for the preceding fiscal year by the number of persons
eligible to receive the monthly pension provided in subsection 1 of this
section. (RSMo 1939 § 9452, A.L. 1945 p. 1351, A.L. 1945 p. 1366, A.L.
1947 V. I p. 421, A.L. 1947 V. II p. 326, A.L. 1949 p. 522, A.L. 1951 p.
762, A.L. 1953 p. 634, A.L. 1955 p. 696, A.L. 1959 H.B. 3, A.L. 1961 p.
534, A.L. 1963 pp. 384, 385, A.L. 1965 p. 356, A.L. 1967 p. 328, A.L.
1969 p. 346, A.L. 1971 H.B. 286, A.L. 1973 H.B. 156, S.B. 325, A.L. 1973
1st Ex. Sess. S.B. 4, A.L. 1975 S.B. 210, A.L. 1976 S.B. 641, A.L. 1978
H.B. 881, A.L. 1980 H.B. 1613, A.L. 1981 H.B. 360, A.L. 1982 H.B. 1086,
A.L. 1983 H.B. 488, A.L. 1984 H.B. 1370, A.L. 1986 H.B. 996, A.L. 1991
H.B. 213)

Effective 7-1-92

1. Sections 209.010 to 209.160 shall not be so construed as to
grant the benefits thereof to any blind person between the ages of
eighteen and fifty years who has no occupation and who, being both
physically and mentally capable of some useful occupation or of receiving
vocational or other training, who refuses, for any reason, to engage in
such useful occupation or to avail himself or herself of such vocational
or other training.

2. The division of family services may grant its certificate admitting to
the pension roll any applicant, otherwise qualified for a pension, who
signifies his or her willingness and readiness to enter upon a course of
vocational or other training; but in the event any such person fails for
more than a reasonable time to enter upon such course of training,
without good cause, the division of family services shall strike the name
of such person from the blind pension roll. (RSMo 1939 § 9453, A. 1949
S.B. 1064, A.L. 1976 S.B. 483)

Prior revision: 1929 § 8895

Any person who desires the benefits of sections 209.010 to
209.160 shall file an application at the county welfare office in the
county of his residence, who is satisfied that the applicant comes within
the provisions of sections 209.010 to 209.160 shall certify such fact to
the division of family services at its office in Jefferson City,
Missouri, which shall consider the merits of such application and if
approved by the division of family services such person shall be placed
upon the blind pension rolls. All pensions payable under sections 209.010
to 209.160 shall begin on the date of the filing of the application
therefor with the division of family services. And whenever it shall
become known to the division of family services that any person whose
name is on the blind pension roll is no longer qualified to receive a
pension, after reasonable notice mailed to such person at his or her last
known residence address the name of such person shall be stricken from
the blind pension roll; provided further, any person who shall by gifts,
secret disposition or other means dispose of any property in his or her
possession in order to become wholly or in part within the provisions of
sections 209.010 to 209.160 shall be deemed guilty of a misdemeanor.
(RSMo 1939 § 9454, A.L. 1945 p. 1348, A.L. 1947 V. II p. 331, A.L. 1951
p. 762)

Prior revision: 1929 § 8896

It shall be the duty of the division of family services to
prepare suitable blank application forms for the use of blind persons in
making application for pensions, which shall contain such questions for
applicant to answer and other matter as the division may deem appropriate
to the end to be accomplished. All statements of an applicant contained
on such application form shall be verified by the applicant and shall
also be supported by the certificates of two disinterested and
responsible householders of the county wherein applicant resides, who
have known applicant for not less than two years next prior to date of
such application, that such statements are true. (RSMo 1939 § 9455)

Prior revision: 1929 § 8897

It shall be the duty of the division of family services to make
such regulations relative to the examination of applicants for pension,
including the examination by an ophthalmologist, a physician skilled in
disease of the eye, or an optometrist, designated or approved by the
division of family services to make such examination and of all matters
deemed necessary connected with the administration of this chapter. The
examining ophthalmologist, a physician skilled in disease of the eye, or
optometrist, shall certify in writing, upon forms provided by the
division of family services, the findings of the examination. The
examination shall be provided for by the division of family services
without charge to the applicant and shall be paid as an administrative
expense. No person shall be entitled to the benefits of this chapter who
shall refuse to submit to treatment or operation to effect a cure when
recommended by competent medical authority and approved by the division
of family services, but upon submission to such treatment or operation
the pension of applicant otherwise entitled thereto, shall be paid as in
other cases: Provided further, that no applicant who is more than
seventy-five years of age shall be required to submit to an operation to
restore his or her vision in order to come under the provisions of this
chapter, but may voluntarily submit to operation. (RSMo 1939 § 9456, A.L.
1945 p. 1348, A.L. 1961 p. 534)

Prior revision: 1929 § 8898

Monthly, the division of family services shall prepare a
separate roll of persons entitled to receive blind pension, which roll
shall be in triplicate, showing the name, post-office address, amount of
pension payable, and such other information as the division of family
services may determine to be necessary. One copy of each roll shall be
retained as a record by the division of family services. The original
roll and one copy properly certified by the director, or his authorized
agent, shall be delivered to the commissioner of administration, who
shall certify the same for payment and prepare one warrant for the total
amount payable to the division of family services, which warrant shall be
attached to the copy of the roll and delivered to the state treasurer.
The commissioner of administration shall retain the original roll as a
record of his office. The state treasurer upon receiving said roll,
warrant, and checks prepared by the division of family services for each
person on said roll, shall sign said checks and deliver same to the
division of family services for delivery to the proper payees. (RSMo 1939
§ 9457, A.L. 1945 p. 1348, A.L. 1945 p. 1351, A.L. 1947 V. II p. 331,
A.L. 1949 p. 521)

Prior revision: 1929 § 8899

The division of family services shall place the names of all
persons certified by it for a pension under sections 209.010 to 209.160
upon a record to be kept in its office to be known as "The Blind Pension
Roll" which shall contain also the residence, post-office address, date
upon which the application for pension was filed with the judge of
probate division of the circuit court or division of family services, and
the date the certificate was received by the division of family services;
and the name of any person appearing upon the said blind pension roll
shall be prima facie evidence of the right of such person to the pension
herein provided. (RSMo 1939 § 9458, A.L. 1945 p. 1348, A.L. 1947 V. II p.
331, A. 1949 S.B. 1064, A.L. 1978 H.B. 1634)

Prior revision: 1929 § 8900

Effective 1-2-79

Any person claiming the benefits of sections 209.010 to 209.160
who is aggrieved by the action of the division of family services on the
question of such person's vision or as to his or her property or income,
residential or moral qualifications to receive the benefits of sections
209.010 to 209.160, may appeal from its decision to the circuit court of
his or her judicial circuit within ninety days from the decision
complained of, by giving the division notice of such appeal; such appeal
shall be had and tried in the circuit court de novo, and the judgment
rendered thereupon shall be final; and if such judgment be in favor of
appellant a certified copy of same shall be mailed to the division of
family services at its office in Jefferson City. (RSMo 1939 § 9459, A.L.
1978 H.B. 1634)

Prior revision: 1929 § 8901

Effective 1-2-79

There is hereby levied an annual tax of three cents on each one
hundred dollars valuation of taxable property in the state of Missouri to
provide a fund out of which shall be paid the pensions for the deserving
blind as herein provided. The tax shall be collected at the same time and
in the same manner and by the same means as other state taxes are now
collected. The tax, when so collected, shall be paid into the state
treasury to the credit of the blind pension fund, out of which fund shall
be paid the pension as provided by law. Any balance remaining in the fund
after the payment of the pensions may be appropriated for the adequate
support of the commission for the blind, and any balance remaining at the
end of the biennium shall be transferred to the distributive public
school fund. (RSMo 1939 § 9461, A. 1949 S.B. 1064, A.L. 1959 S.B. 86)

Prior revision: 1929 § 8903

CROSS REFERENCE: Tax for blind pensions, Const. Art. III § 38

Any person or persons found guilty of violating any of the
provisions of sections 209.010 to 209.160 shall be deemed guilty of a
misdemeanor; and any person who shall willfully and fraudulently violate
any of the provisions of sections 209.010 to 209.160 for the purpose of
obtaining any benefits thereunder, to which such person is not entitled,
shall, in addition to the penalties otherwise provided herein, forfeit
all right to future benefits hereunder. (RSMo 1939 § 9463)

Prior revision: 1929 § 8905

1. Every person with a visual, aural or physical disability
shall have the same rights afforded to a person with no such disability
to the full and free use of the streets, highways, sidewalks, walkways,
public buildings, public facilities, and other public places.

2. Every person with a visual, aural or physical disability is entitled
to full and equal accommodations, advantages, facilities, and privileges
of all common carriers, airplanes, motor vehicles, railroad trains, motor
buses, taxis, streetcars, boats or any other public conveyances or modes
of transportation, hotels, lodging places, places of public
accommodation, amusement or resort, and other places to which the general
public is invited, subject only to the conditions and limitations
established by law and applicable alike to all persons.

3. Every person with a visual, aural or physical disability shall have
the right to be accompanied by a guide dog, hearing dog, or service dog,
which is especially trained for the purpose, in any of the places listed
in subsection 2 of this section without being required to pay an extra
charge for the guide dog, hearing dog or service dog; provided that such
person shall be liable for any damage done to the premises or facilities
by such dog.

4. As used in sections 209.150 to 209.190, the term "service dog" means
any dog specifically trained to assist a person with a physical
disability by performing necessary physical tasks which the person cannot
perform. Such tasks shall include, but not be limited to, pulling a
wheelchair, retrieving items, and carrying supplies. (L. 1941 p. 344 § 1,
A.L. 1965 p. 95, A.L. 1977 S.B. 12, A.L. 1980 H.B. 1133, A.L. 1988 H.B.
1196, A.L. 1996 S.B. 582)

Any trainer, from a recognized training center, of a guide dog,
hearing assistance dog or service dog shall have the right to be
accompanied by such dog in or upon any of the premises listed in section
209.150 while engaged in the training of the dog without being required
to pay an extra charge for such dog. Such trainer shall be liable for any
damage done to the premise of facilities by such dog. (L. 1999 S.B. 12)

Any person or persons, firm or corporation, or the agent of any
person or persons, firm or corporation who denies or interferes with
admittance to or enjoyment of the public facilities enumerated in section
209.150 or otherwise interferes with the rights of a totally or partially
blind or deaf person, or a physically disabled person under section
209.150 shall be guilty of a class B misdemeanor. (L. 1941 p. 344 § 2,
A.L. 1977 S.B. 12, A.L. 1980 H.B. 1133, A.L. 1988 H.B. 1196)

It is an unlawful employment practice for any employer to
discriminate against any person with a visual, aural or physical
disability by interfering, directly or indirectly, with the use of an aid
or appliance, including a guide dog, hearing dog or service dog by such
person. Any person aggrieved by a violation of this section may make a
verified complaint to the Missouri commission on human rights pursuant to
the provisions of section 213.075, RSMo. (L. 1996 S.B. 582)

Each year, the governor shall take suitable public notice of
October fifteenth as "White Cane Safety Day". (L. 1977 S.B. 12)

The blind and the visually handicapped shall be employed in the
state service, the service of the political subdivisions of the state, in
the public schools, and in all other employment supported in whole or in
part by public funds on the same terms and conditions as the able-bodied,
unless it is shown that the particular disability prevents the
performance of the work involved. (L. 1977 S.B. 12)

1. Blind or visually handicapped persons, deaf or partially deaf
persons, or physically disabled persons shall be entitled to full and
equal access, as other members of the general public, to all housing
accommodations offered for rent, lease, or compensation in this state,
subject to the conditions and limitations established by law and
applicable alike to all persons.

2. "Housing accommodations", as used in this section means any real
property, or portion thereof, which is used or occupied or is intended,
arranged, or designed to be used or occupied, as the home, residence or
sleeping place of one or more human beings, but shall not include any
accommodations, included within subsection 1 of this section, or any
single family residence the occupants of which rent, lease, or furnish
for compensation not more than one room therein.

3. Nothing in this section shall require any person renting, leasing, or
providing for compensation real property to modify his property in any
way or provide a higher degree of care for a blind or visually
handicapped person, deaf or partially deaf person, or physically disabled
person than for a person who is not blind or visually handicapped, deaf
or partially deaf, or physically disabled.

4. Every totally or partially blind person who has or obtains a guide
dog, every deaf or partially deaf person who has or obtains a hearing
dog, and every physically disabled person who has or obtains a service
dog shall be entitled to full and equal access to all housing
accommodations provided for in this section, and he shall not be required
to pay extra compensation for such dog but shall be liable for any damage
done to the premises by such a dog. (L. 1977 S.B. 12, A.L. 1982 S.B. 840,
A.L. 1988 H.B. 1196)

1. As used in this section, the following terms mean:

(1) "Blind persons or visually impaired persons", individuals who:

(a) Have a visual acuity of 20/200 or less in the better eye with
conventional correction, or have a limited field of vision such that the
widest diameter of the visual field subtends an angular distance not
greater than twenty degrees; or

(b) Have a reasonable expectation of visual deterioration; or

(c) Cannot read printed material at a competitive rate of speed and with
facility due to lack of visual acuity;

(2) "Literacy", reading and written communication and comprehension of
reading and written communication. This may include, but is not limited
to Braille, large print and computer-aided communications;

(3) "Student", any student who is blind or any student eligible for
special education services for the visually impaired as defined in P.L.
94- 142.

2. The division of special education of the department of elementary and
secondary education shall conduct a statewide study to assess the
literacy of blind students on a grade-level basis and report its findings
and recommendations to improve the literacy of blind students to the
governor and general assembly no later than December first of each year.

3. The division of special education of the department of elementary and
secondary education shall annually provide a report to the governor and
general assembly, no later than December first of each year, which
describes the division's progress in implementing the recommendations,
any significant obstacles to continued progress in implementation, the
division's plans and time frame for removing these obstacles. (L. 1998
H.B. 1088 § 1)

As used in sections 209.200 to 209.204, the following terms
shall mean:

(1) "Disability", as defined in section 213.010, RSMo;

(2) "Service dog", a dog that is being or has been specially trained to
do work or perform tasks which benefit a particular person with a
disability. Service dog includes:

(a) "Guide dog", a dog that is being or has been specially trained to
assist a particular blind or visually impaired person;

(b) "Hearing dog", a dog that is being or has been specially trained to
assist a particular deaf or hearing-impaired person;

(c) "Medical alert or respond dog", a dog that is being or has been
trained to alert a person with a disability that a particular medical
event is about to occur or to respond to a medical event that has
occurred;

(d) "Mobility dog", a dog that is being or has been specially trained to
assist a person with a disability caused by physical impairments. (L.
2005 H.B. 116)

Effective 7-12-05

1. Any person who knowingly, intentionally, or recklessly causes
substantial physical injury to or the death of a service dog is guilty of
a class A misdemeanor. The provisions of this subsection shall not apply
to the destruction of a service dog for humane purposes.

2. Any person who knowingly or intentionally fails to exercise sufficient
control over an animal such person owns, keeps, harbors, or exercises
control over to prevent the animal from causing the substantial physical
injury to or death of a service dog, or the subsequent inability to
function as a service dog as a result of the animal's attacking, chasing,
or harassing the service dog is guilty of a class A misdemeanor.

3. Any person who harasses or chases a dog known to such person to be a
service dog is guilty of a class B misdemeanor.

4. Any person who owns, keeps, harbors, or exercises control over an
animal and who knowingly or intentionally fails to exercise sufficient
control over the animal to prevent such animal from chasing or harassing
a service dog while such dog is carrying out the dog's function as a
service dog, to the extent that the animal temporarily interferes with
the service dog's ability to carry out the dog's function is guilty of a
class B misdemeanor.

5. An owner of a service dog or a person with a disability who uses a
service dog may file a cause of action to recover civil damages against
any person who:

(1) Violates the provisions of subsection 1 or 2 of this section; or

(2) Steals a service dog resulting in the loss of the services of the
service dog.

6. Any civil damages awarded under subsection 5 of this section shall be
based on the following:

(1) The replacement value of an equally trained service dog, without any
differentiation for the age or experience of the service dog;

(2) The cost and expenses incurred by the owner of a service dog or the
person with a disability who used the service dog, including:

(a) The cost of temporary replacement services, whether provided by
another service dog or by a person;

(b) The reasonable costs incurred in efforts to recover a stolen service
dog; and

(c) Court costs and attorney's fees incurred in bringing a civil action
under subsection 5 of this section.

7. An owner of a service dog or a person with a disability who uses a
service dog may file a cause of action to recover civil damages against a
person who:

(1) Violates the provisions of subsections 1 to 4 of this section
resulting in injury from which the service dog recovers to an extent that
the dog is able to function as a service dog for the person with a
disability; or

(2) Steals a service dog and the service dog is recovered resulting in
the service dog being able to function as a service dog for the person
with a disability.

8. Any civil damages awarded under subsection 7 of this section shall be
based on the following:

(1) Veterinary medical expenses;

(2) Retraining expenses;

(3) The cost of temporary replacement services, whether provided by
another service dog or by a person;

(4) Reasonable costs incurred in the recovery of the service dog; and

(5) Court costs and attorney's fees incurred in bringing the civil action
under subsection 7 of this section.

9. The provisions of this section shall not apply if a person with a
disability, an owner, or a person having custody or supervision of a
service dog commits criminal or civil trespass.

10. Nothing in this section shall be construed to preclude any other
remedies available at law. (L. 2005 H.B. 116)

Effective 7-12-05

Any person who knowingly impersonates a person with a disability
for the purpose of receiving the accommodations regarding service dogs
under the Americans with Disabilities Act, 42 U.S.C. Section 12101, et
seq., is guilty of a class C misdemeanor and shall also be civilly liable
for the amount of any actual damages resulting from such impersonation.
Any second or subsequent violation of this section is a class B
misdemeanor. For purposes of this section, "impersonates a person with a
disability" means a representation by word or action as a person with a
disability or a representation of a dog by word or action as a service
dog. (L. 2005 H.B. 116)

Effective 7-12-05

1. The division of family services shall, for the purpose of
obtaining federal financial participation in aid to the blind payments,
prepare a budget taking into consideration the necessary expenses in
accordance with standards developed by the division of family services
and the income and resources of the individual claiming aid to the blind.
In preparing such budget the division of family services shall disregard
the first eighty-five dollars per month of earned income plus one-half of
earned income in excess of eighty-five dollars per month and for a period
not in excess of twelve months, such additional amounts of other income
and resources, in the case of an individual who has a plan for achieving
self-support approved by the division of family services, as may be
necessary for the fulfillment of such plan. Every person passing the
vision test and having the other qualifications provided in this law
shall be entitled to receive aid to the blind in the amount of one
hundred ten dollars monthly. Any person disqualified to receive aid to
the blind may apply for pension to the blind as provided in sections
209.010 to 209.160.

2. If the funds at the disposal or which may be obtained by the division
of family services for the payment of benefits under this section shall
at any time become insufficient to pay the full amount of benefits to
each person entitled thereto, the amount of benefits of each one of such
persons shall be reduced pro rata in proportion to such deficiency in the
total amount available or to become available for such purpose.

3. Medical assistance for aid to the blind recipients shall be payable as
provided in sections 208.151 to 208.158, RSMo, without regard to any
durational residence requirement for eligibility. (L. 1951 p. 764 § 5,
A.L. 1953 p. 635, A.L. 1955 p. 694, A.L. 1959 H.B. 74, A.L. 1961 p. 536,
A.L. 1963 p. 387, A.L. 1965 p. 357, A.L. 1967 p. 330, A.L. 1969 p. 347,
A.L. 1971 H.B. 287, Repealed 1973 S.B. 325, A.L. 1973 H.B. 157)

As used in sections 209.251 to 209.259, the following terms mean:

(1) "Adaptive telecommunications equipment", equipment that translates,
enhances or otherwise transforms the receiving or sending of
telecommunications into a form accessible to individuals with
disabilities. The term adaptive telecommunications equipment includes
adaptive telephone equipment and other types of adaptive devices such as
computer input and output adaptions necessary for telecommunications
access;

(2) "Basic telecommunications access line", a telecommunications line
which provides service from the telephone company central office to the
customer's premises which enables the customer to originate and terminate
long distance and local telecommunications;

(3) "Commission", the public service commission;

(4) "Consumer support and outreach", services that include, but are not
limited to, assisting individuals with disabilities or their families or
caregivers in the selection of the most appropriate adaptive
telecommunications equipment to meet their needs, providing basic
training and technical assistance in the installation and use of adaptive
telecommunications equipment, and development and dissemination of
information to increase awareness and use of adaptive telecommunications
equipment;

(5) "Department", the department of labor and industrial relations;

(6) "Eligible subscriber", any individual who has been certified as deaf,
hearing-impaired, speech-impaired or as having another disability that
causes the inability to use telecommunications equipment and services by
a licensed physician, audiologist, speech pathologist, hearing instrument
specialist or a qualified agency;

(7) "Missouri assistive technology advisory council" or "council", the
body which directs the Missouri assistive technology program pursuant to
sections 191.850 to 191.865, RSMo;

(8) "Program administrator", the entity or entities designated to design
the statewide telecommunications equipment distribution program, develop
and implement the program policies and procedures, assure delivery of
consumer support and outreach and account for and pay all program
expenses;

(9) "Surcharge", an additional charge which is to be paid by local
exchange telephone company subscribers pursuant to the rate recovery
mechanism established pursuant to sections 209.255, 209.257 and 209.259
in order to implement the programs described in sections 209.251 to
209.259;

(10) "Telecommunications", the transmission of any form of information
including, but not limited to, voice, graphics, text, dynamic content,
and data structures of all types whether they are in electronic, visual,
auditory, optical or any other form;

(11) "Telecommunications device for the deaf" or "TDD", a
telecommunications device capable of allowing deaf, hearing-impaired or
speech-impaired individuals to transmit messages over basic telephone
access lines by sending and receiving typed messages. (L. 1990 H.B. 1132
§ 1 merged with H.B. 1315 § 1, A.L. 1996 S.B. 525, A.L. 2000 S.B. 721,
A.L. 2001 H.B. 567)

1. The commission shall provide a statewide dual-party system,
using third-party intervention to connect deaf, hearing-impaired and
speech-impaired persons and offices of organizations representing the
deaf, hearing-impaired and speech-impaired with telecommunication devices
for the deaf (TDDs) and the telephone system, making available reasonable
access to telephone service to eligible subscribers.

2. The Missouri assistive technology advisory council shall provide a
statewide telecommunications equipment distribution program making
available reasonable access to basic telecommunications service for
eligible subscribers who are unable to use traditional telecommunications
equipment due to disability.

3. The program administrator of the statewide telecommunications
equipment distribution program shall:

(1) Provide consumer support and outreach;

(2) Develop administrative procedures to assure an appropriate match
between an individual with a disability and adaptive telecommunications
equipment;

(3) Provide a full range of adaptive telecommunications equipment to meet
the needs of individuals with all types of disabilities;

(4) Procure and distribute adaptive telecommunications equipment in the
most cost-effective manner possible; and

(5) Expend no less than ten percent of total expenditures for consumer
support and outreach and no more than twenty percent of total
expenditures for program administration in any fiscal year.

4. Missouri public or nonpublic organizations shall be used to deliver
consumer support and outreach and administrative services in all
contracts and subcontracts for a statewide telecommunications equipment
distribution program.

5. The Missouri assistive technology advisory council shall be the
program administrator for the statewide telecommunications equipment
distribution program.

6. The Missouri assistive technology advisory council may promulgate
rules necessary to implement and administer the telecommunications
equipment distribution program, but no rule or portion of a rule
promulgated pursuant to the authority of this section shall become
effective unless it has been promulgated pursuant to chapter 536, RSMo.

7. The Missouri assistive technology advisory council may enter into
contracts as necessary to carry out the telecommunications equipment
distribution program, including but not limited to contracts with
disability organizations.

8. Nothing in sections 209.251 to 209.259 shall be construed to require
the state to purchase, install or maintain equipment on an eligible
subscriber's premises which will enable the eligible subscriber to
participate in the dual-party relay system.

9. Nothing in sections 209.251 to 209.259 shall be construed to require
the state to provide adaptive telecommunications equipment at no cost to
all eligible subscribers. The Missouri assistive technology advisory
council shall adopt procedures to limit eligibility based on financial
means, existing access to adaptive telecommunications equipment, prior
usage of the equipment distribution program, and other factors deemed
appropriate by the program administrator. The scope of the program shall
be limited to reasonable access to basic telecommunications as defined by
the program administrator, subject to appropriations. (L. 1990 H.B. 1132
§ 2 merged with H.B. 1315 § 2, A.L. 1996 S.B. 525, A.L. 2000 S.B. 721)

1. The commission shall establish a rate recovery mechanism to
recover the costs of implementing and maintaining the programs provided
for in section 209.253, which shall be applied to each basic telephone
access line. Any surcharge established by such rate recovery mechanism
shall not be imposed upon more than one hundred basic telephone access
lines per subscriber per location. Any surcharge established by such rate
recovery mechanism shall not be imposed on any telephone line used to
provide pay telephone service. The surcharge may appear on the bill of
each local exchange telephone subscriber identified separately as a deaf
relay service and equipment distribution program fund surcharge. The
commission shall not vary the amount of the surcharge between telephone
companies nor between the class or grade of customers of any telephone
company. The surcharge provided for in this section shall be exempt from
the taxes provided for in chapter 144, RSMo, and the surcharge shall not
be construed as gross receipts or revenue of the company collecting such
for the purpose of local taxation.

2. Each basic telephone access line subscriber is liable for the payment
of any surcharge provided for in subsection 1 of this section. The local
exchange telephone company shall not be liable for any uncollected
surcharge, nor shall it have any obligation to initiate any action to
enforce the collection of the surcharge. (L. 1990 H.B. 1132 § 3 subsecs.
1, 2 merged with H.B. 1315 § 3 subsecs. 1, 2, A.L. 1993 S.B. 160, A.L.
1996 S.B. 525, A.L. 2000 S.B. 721)

The local exchange telephone company shall deduct and retain a
percentage of the total surcharge amount collected each month to recover
the billing, collecting, remitting and administrative costs attributed to
the deaf relay service and equipment distribution program fund surcharge.
The commission shall determine the appropriate percentage to be deducted
and retained and shall include this percentage as part of its order
establishing the deaf relay service and equipment distribution program
fund surcharge. All remaining deaf relay service and equipment
distribution program fund surcharge money collected by local exchange
telephone companies shall be remitted to the commission, who shall use
such money exclusively to fund the programs provided for in section
209.253. (L. 1990 H.B. 1132 § 3 subsec. 3 merged with H.B. 1315 § 3
subsec. 3, A.L. 1996 S.B. 525)

1. All remaining deaf relay service and equipment distribution
program fund surcharge money collected by local exchange telephone
companies pursuant to section 209.257 shall be paid to the director of
revenue in a manner prescribed by the public service commission. The
director of revenue shall remit such payments to the state treasurer.

2. The state treasurer shall credit such payments to a special fund,
which is hereby created, to be known as the "Deaf Relay Service and
Equipment Distribution Program Fund" which fund shall be devoted solely
to the payment of expenditures actually incurred in operation of the
statewide dual-party relay service and equipment distribution program
authorized by section 209.253, including expenses associated with the
administration of the dual-party relay service and equipment distribution
program or incurred by members of any advisory committee appointed by the
commission or Missouri assistive technology advisory council to help in
the administration of the statewide telecommunications equipment
distribution program authorized by section 209.253.

3. Any unexpended balance in the fund at the end of the fiscal year shall
be exempt from the provisions of section 33.080, RSMo, relating to the
transfer of unexpended balances to the general revenue fund, but shall be
applicable by appropriation of the general assembly to the payment of
expenditures for the dual-party relay service and equipment distribution
program in the succeeding fiscal year.

4. The commission shall annually request, through a separate budget line
item, appropriations from the deaf relay service and equipment
distribution program fund to deliver the dual-party relay service. The
Missouri assistive technology advisory council shall annually request,
through a separate budget line item of its departmental budget,
appropriations from the deaf relay service and equipment distribution
program fund to deliver the telecommunications equipment distribution
program.

5. The current surcharge rate shall not increase for a period of two
years after August 28, 2000, subject to change in federal requirements
for deaf relay services. (L. 1991 S.B. 95, A.L. 1994 S.B. 552, A.L. 1996
S.B. 525, A.L. 2000 S.B. 721)

1. From the date of implementing the deaf relay service and
equipment distribution fund surcharge, the commission shall review such
surcharge no less frequently than every two years but no more than
annually and shall order changes in the amount of the surcharge as
necessary to assure available funds for the provision of the programs
established in section 209.253.

2. The Missouri assistive technology advisory council shall annually
provide the department with information on actual expenditures for the
equipment distribution program along with projections for future need to
assist in surcharge review. On August 28, 2000, the department shall make
its initial recommendation to the commission regarding the amount of the
surcharge established in section 209.255 necessary for funding of the
equipment distribution program. Thereafter, the department may annually
make a recommendation to the commission regarding the amount of the
surcharge for that program. The commission shall, based on the
department's recommendation, issue an order revising the surcharge
established in section 209.255 as necessary to fund the equipment
distribution program. The department's recommendation shall be based on
the estimated number of access lines and anticipated budget for the
coming fiscal year. The amount of the surcharge recommended by the
department shall be sufficient to recover the annual costs of
implementing and maintaining the equipment distribution program.

3. Concurrent with the review of the surcharge, the commission shall
review the percentage deducted and retained by the local exchange
telephone company provided in section 209.257 and if necessary shall
order adjustments to the percentage to assure a just and reasonable
compensation to the local exchange telephone company. Where the review of
the surcharge determines that excess funds are available, the commission
may order the suspension of the deaf relay service and equipment
distribution program fund surcharge for a period which the commission
deems appropriate. (L. 1990 H.B. 1132 § 3 subsec. 4 merged with H.B. 1315
§ 3 subsec. 4, A.L. 1996 S.B. 525, A.L. 2000 S.B. 721)

Telecommunications companies shall ensure, if readily achievable
as defined by federal law 42 U.S.C.A. section 12181(9), that high quality
existing and new telecommunications services are available, accessible
and usable by individuals with disabilities, unless making the services
available, accessible or usable would result in an undue burden,
including unreasonable costs or technical infeasibility, or would have an
adverse competitive effect. (L. 1996 S.B. 525 § 1)

As used in sections 209.261 to 209.265, the following terms mean:

(1) "Auxiliary aids and services", the device or service that the deaf
person feels would best serve him which includes, but is not limited to,
interpreters, notetakers, transcription services, written materials,
assistive listening devices, assistive listening systems, closed caption
decoders, open and closed captioning, videotext display or other
effective method of making aurally delivered materials available to
individuals with hearing loss;

(2) "Deaf person", any person who, because of a hearing loss, is not able
to discriminate speech when spoken in a normal conversational tone
regardless of the use of amplification devices;

(3) "Person with a speech impairment", any person who, because of a
speech disability, is not able to speak clearly or understandably in a
normal conversational tone regardless of the use of assistive devices;

(4) "Relay agent", a person employed to relay conversations for a person
who is deaf or speech impaired over a dual-party telephone system. (L.
1993 H.B. 600 § 1)

1. A person who interprets, transliterates or relays a
conversation between a person who can hear and a deaf person is deemed a
conduit for the conversation and may not disclose, or be compelled to
disclose by subpoena, the contents of the conversation which he
facilitated without the prior consent of the person who received his
professional services, except as provided in subsection 2 of this section.

2. A court may order disclosure of the contents of a conversation to
provide evidence in proceedings related to criminal charges. However, all
communications which are privileged by law shall be protected as
privileged communications in the same manner as communications when an
auxiliary aids and services provider or relay agent is used. (L. 1993
H.B. 600 § 2)

1. An auxiliary aids and services provider or relay agent who is
employed to interpret, transliterate or relay a conversation between a
person who can hear and a person who is deaf or speech impaired shall not
disclose the contents of the conversation, unless the person for whom he
interpreted, transliterated or relayed has given written permission for
such disclosure.

2. Violation of this section is a class A misdemeanor. (L. 1993 H.B. 600
§ 3, A.L. 1995 H.B. 135)

As used in sections 209.285 to 209.339, unless the context
clearly requires otherwise, the following terms mean:

(1) "American sign language", a visual-gestural system of communication
that has its own syntax, rhetoric and grammar. American sign language is
recognized, accepted and used by many deaf Americans. This native
language represents concepts rather than words;

(2) "Board", the Missouri board for certification of interpreters,
established within the commission in section 209.287;

(3) "Certification", a document issued by the Missouri commission for the
deaf and hard of hearing declaring that the holder is qualified to
practice interpreting at a disclosed level;

(4) "Commission", the Missouri commission for the deaf and hard of
hearing;

(5) "Committee", the Missouri state committee of interpreters,
established in section 209.319;

(6) "Conversion levels", the process of granting levels of certification
by the commission to individuals holding certification from another state
or within another certification system in this state or another state;

(7) "Coordinator", a staff person, hired by the executive director of the
Missouri commission for the deaf and hard of hearing, who shall serve as
coordinator for the Missouri interpreter certification system;

(8) "Deaf person", any person who is not able to discriminate speech when
spoken in a normal conversational tone regardless of the use of
amplification devices;

(9) "Department", the Missouri department of economic development;

(10) "Director", the director of the division of professional
registration in the department of economic development;

(11) "Division", the division of professional registration;

(12) "Executive director", the executive director of the Missouri
commission for the deaf and hard of hearing;

(13) "Interpreter", any person who offers to render interpreting services
implying that he or she is trained, and experienced in interpreting, and
holds a current, valid certification and license to practice interpreting
in this state; provided that a telecommunications operator providing deaf
relay service or a person providing operator services for the deaf shall
not be considered to be an interpreter;

(14) "Interpreter trainer", a person, certified and licensed by the state
of Missouri as an interpreter, who trains new interpreters in the
translating of spoken English or written concepts to any necessary
specialized vocabulary used by a deaf consumer. Necessary specialized
vocabularies include, but are not limited to, American sign language,
Pidgin Signed English, oral, tactile sign and language deficient skills;

(15) "Interpreting", the translating of English spoken or written
concepts to any necessary specialized vocabulary used by a deaf person or
the translating of a deaf person's specialized vocabulary to English
spoken or written concepts; provided that a telecommunications operator
providing deaf relay service or a person providing operator services for
the deaf shall not be considered to be interpreting. Necessary
specialized vocabularies include, but are not limited to, American sign
language, Pidgin Signed English, oral, tactile sign and language
deficient skills;

(16) "Language deficient", mode of communication used by deaf individuals
who lack crucial language components, including, but not limited to,
vocabulary, language concepts, expressive skills, language skills and
receptive skills;

(17) "Missouri commission for the deaf", Missouri commission for the deaf
and hard of hearing established in section 161.400;

(18) "Oral", mode of communication having characteristics of speech,
speech reading and residual hearing as a primary means of communication
using situational and culturally appropriate gestures, without the use of
sign language;

(19) "Pidgin Signed English", a mode of communication having
characteristics of American sign language;

(20) "Practice of interpreting", rendering or offering to render or
supervise those who render to individuals, couples, groups,
organizations, institutions, corporations, schools, government agencies
or the general public any interpreting service involving the translation
of any mode of communication used by a deaf person to spoken English or
of spoken English to a mode of communication used by a deaf person;

(21) "Tactile sign", mode of communication, used by deaf and blind
individuals, using any one or a combination of the following: tactile
sign, constricted space sign or notetaking. (L. 1994 S.B. 568 § 1, A.L.
2002 H.B. 1783)

1. There is hereby established within the Missouri commission
for the deaf and hard of hearing a board to be known as the "Board for
Certification of Interpreters", which shall be composed of five members.
The executive director of the Missouri commission for the deaf and hard
of hearing or the director's designee shall be a nonvoting member of the
board.

2. The members shall be appointed by the governor with the advice and
consent of the senate from a list of recommendations from the commission.
The members shall be appointed for terms of three years, except those
first appointed whose terms shall be staggered and one member appointed
to serve for one year, two members to serve for two years and two members
to serve for three years. No member shall be eligible to serve more than
two consecutive terms, except a person appointed to fill a vacancy for a
partial term may serve two additional terms. Two of the members appointed
shall be deaf, two shall be certified interpreters and one shall be deaf
or a certified interpreter. The members shall be fluent in American sign
language, Pidgin Signed English, oral, tactile sign, or any specialized
vocabulary used by deaf persons. The member shall have a background and
knowledge of interpreting and evaluation.

3. The members shall receive no compensation for their services on the
board, but the commission shall reimburse the members for actual and
necessary expenses incurred in the performance of their official duties.
The board shall meet not less than two times per year. The board shall
elect from its membership a chairperson and a secretary. A quorum of the
board shall consist of three of its members.

4. Any member of the commission may petition the governor to remove a
member from the board for the following reasons: misconduct,
inefficiency, incompetence or neglect of his official duties. The
governor may remove the member after giving the committee member written
notice of the charges against him and an opportunity to be heard pursuant
to administrative procedures in chapter 621, RSMo. (L. 1994 S.B. 568 § 2,
A.L. 2002 H.B. 1783)

The executive director shall hire a coordinator, who shall serve
as coordinator of the Missouri interpreters certification system. The
coordinator shall have a background in interpreter testing and
interpreting. The salary and office space for the coordinator shall be
appropriated to and provided by the commission. The salary of the
coordinator shall be paid out of general revenue funds. All other
expenses for the administration of sections 209.287 to 209.318 shall be
paid from the interpreters fund established in section 209.318. (L. 1994
S.B. 568 § 3)

1. The board shall, with the approval of the commission:

(1) Prescribe qualifications for each of the several levels of
certification based on proficiency and shall evaluate and certify
interpreters using such qualifications;

(2) Issue the certificates, bearing the signature of the executive
director, necessary to qualify for a license to interpret;

(3) Develop a fee scale for interpreting services, pursuant to section
161.405, RSMo;

(4) Maintain the quality of interpreting services, pursuant to section
161.405, RSMo, by:

(a) Generating ideas for conducting interpreter training workshops to
update knowledge and skills; and

(b) Suggesting institutions of higher education to provide interpreter
training programs;

(5) Develop specific guidelines for the use of interpreters according to
their level of certification and submit the guidelines to the division
and copies to be distributed to state departments, agencies, commissions,
courts, interpreters and to the public;

(6) Develop ethical rules of conduct to be recommended for adoption by
the division;

(7) Develop fees for application, administration of an evaluation,
conversion and certificate renewal, to cover the cost of the
certification system and administration;

(8) Compile a statewide registry of interpreters by skill level and
include recommendations relating to the appropriate selection and
utilization of interpreters for the deaf. The registry shall be made
available to and recommended for adoption by state commissions,
departments and agencies;

(9) Develop a conversion system and policy for accepting other
certification systems into the certification offered by the Missouri
commission for the deaf and hard of hearing;

(10) Develop acceptable professional development activities to maintain
certification;

(11) Investigate and implement the most appropriate testing model for
interpreter certification;

(12) When necessary, develop an evaluation team, appointed by the
commission, to assist in evaluating interpreters;

(13) Provide opportunity to hear grievances against the certification
process or one of its members using the guidelines established in chapter
621, RSMo.

2. An evaluation team appointed pursuant to subdivision (12) of
subsection 1 of this section shall have similar backgrounds to the
members of the board. The evaluation team shall serve at the pleasure of
the commission. The commission shall reimburse evaluators for actual and
necessary expenses incurred in the performance of their official duties
and may fairly compensate them. A member of an evaluation team may be
removed from the team by the executive director, after notice and an
opportunity to be heard, for the following reasons: misconduct,
inefficiency, incompetence or neglect of official duties. (L. 1994 S.B.
568 § 4, A.L. 2002 H.B. 1783)

The commission may promulgate rules and regulations pertaining
to, but not limited to:

(1) The form and content of certification applications and the procedures
for filing an application for an initial certification and renewal
certification in this state;

(2) Fees required for the operation of the certification system,
including, but not limited to, application fees, evaluation fees, renewal
fees, conversion fees or any other fees relating to the certification;

(3) The certifications recognized as qualifying credentials for initial
or conversion certification;

(4) Establishment of policy and procedure for conversion with other
states' certification systems;

(5) Guidelines for the use of interpreters according to their level of
certification;

(6) Maintenance and upkeep of skills, also known as continuing education
or professional development training;

(7) Minimum educational, training, experience and any necessary and
appropriate certifications for interpreter trainers, as well as any
necessary continuing education and training requirements for interpreter
trainers;

(8) Any other necessary and proper rules, decision or policy in regard to
evaluation, certification and maintaining a certification according to
the procedures set forth in chapter 536, RSMo. (L. 1994 S.B. 568 § 5)

1. Applications for certification as an interpreter:

(1) Shall be submitted in writing to the commission on forms prescribed
by the commission and furnished to the applicant;

(2) Shall satisfactorily evidence the applicant's education, training,
experiences, certification, at the time of application, the applicant is
eighteen years of age or older and other information as the commission
may require;

(3) Shall contain a statement that it is made under oath or affirmation
and that the information contained therein is true and correct to the
best knowledge and belief of the applicant and that the applicant is
subject to the penalties for making a false affidavit or declaration;

(4) Shall be accompanied by the required application fee, submitted in a
manner as required by the commission and shall not be refundable.

2. When the commission receives the application, the coordinator hired
pursuant to section 209.289 shall notify the applicant of the earliest
and most appropriate date for the applicant to be evaluated or converted.
(L. 1994 S.B. 568 § 6 subsecs. 1, 2)

The board shall schedule evaluations for persons seeking
certification, at a central location, at least four times each year in
1995 and 1996, and at least twice a year thereafter, according to the
number of applicants seeking certification. As soon as possible after
completion of an evaluation, the coordinator shall notify the applicant
of his score and level of certification. (L. 1994 S.B. 568 § 6 subsec. 3)

An evaluation shall be available to the following, including,
but not limited to:

(1) New interpreters;

(2) Uncertified, qualified interpreters;

(3) Certified interpreters, advancing to another certification level;

(4) An interpreter who is certified by a certification system other than
the commission;

(5) Uncertified interpreters who have not interpreted for one year or
more; and

(6) Interpreter trainers. (L. 1994 S.B. 568 § 6 subsec. 4)

1. The evaluation shall be an assessment of interpreter's
language skills, expressive and receptive skills, professionalism,
knowledge of interpreting and ethical practices. Modes of communication
that shall be evaluated include, but are not limited to:

(1) American sign language;

(2) Tactile sign;

(3) Language deficient;

(4) Oral;

(5) Pidgin Signed English; and

(6) Any necessary specialized vocabulary, language or mode of
communication in popular or regional use among deaf people.

2. The board or an evaluation team shall use testing materials developed
by the commission or contracted with a national organization to assess
the qualifications of interpreters. All testing materials and records
shall be held confidential by the commission. (L. 1994 S.B. 568 § 6
subsecs. 5, 6)

Any member of the board or an evaluation team who has a conflict
of interest that may have a direct effect on an evaluation shall excuse
himself from the evaluation. The remaining members, not consisting of
less than three members, shall assess that individual's performance. (L.
1994 S.B. 568 § 6 subsec. 7)

The board may offer provisional certification to interpreters
achieving a minimal level of certification established by the board. A
provisional certification is limited to one year; during such year the
interpreter must be reevaluated and achieve the next higher level of
certification. If an evaluation slot is not available during the term of
the provisional license, the interpreter may be granted an extension. A
holder of a provisional certification may only be granted one extension.
(L. 1994 S.B. 568 § 6 subsec. 8)

The commission may charge fees for application, administration
of an evaluation, renewal of a certificate, conversion and recordkeeping.
The fees shall be in an amount sufficient to cover the costs of the
evaluation and certification program. (L. 1994 S.B. 568 § 6 subsec. 9)

The commission shall provide an opportunity to hear grievances
against the evaluation process or members of the assessment team pursuant
to the administrative process in chapter 621, RSMo. (L. 1994 S.B. 568 § 6
subsec. 10)

1. The board may suspend, deny or revoke a certificate if an
interpreter:

(1) Impersonates another person holding interpreter certification;

(2) Allows another person to use the interpreter's certificate;

(3) Uses fraud, deception or misrepresentation in the certification
process;

(4) Harasses, abuses or threatens a member of the board, evaluation team
or a support staff person who is administering the system;

(5) Intentionally divulges confidential information relating to the
certification process, including content, topic, vocabulary, skills or
any other testing material;

(6) Fails to achieve a minimum satisfactory certification level.

2. The board shall provide that any hearing concerning the denial,
suspension or revocation of a certificate shall follow administrative
procedures for hearings as provided in chapter 621, RSMo. (L. 1994 S.B.
568 § 7)

1. There is hereby established in the state treasury a fund to
be known as the "Missouri Commission for the Deaf and Hard of Hearing
Board of Certification of Interpreters Fund". All fees provided for in
sections 209.287 to 209.318 shall be collected by the executive director
of the commission and shall be transmitted to the department of revenue
for deposit in the state treasury to the credit of the Missouri
commission for the deaf and hard of hearing board of certification of
interpreters fund. Such funds, upon appropriation, shall be disbursed
only for payment of expenses of maintaining the board and for the
enforcement of the provisions of sections 209.287 to 209.318 and shall
not be used to pay the salary of the coordinator hired pursuant to
section 209.289. Warrants shall be drawn on the state treasury for
payment out of the fund.

2. The provisions of section 33.080, RSMo, to the contrary
notwithstanding, money in this 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 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 appropriations from the fund for the
preceding fiscal year.

3. The expenses of maintaining the board enforcement of the provisions of
sections 209.287 to 209.318 during the first fiscal year shall be paid by
the commission from funds appropriated from general revenue for that
purpose. (L. 1994 S.B. 568 § 8, A.L. 2002 H.B. 1783)

1. There is hereby established in the division of professional
registration the "Missouri State Committee of Interpreters", which shall
consist of seven members, including two public members. At least one of
the public members shall be deaf. The committee members shall be
appointed by the governor with the advice and consent of the senate. Each
member of the committee shall be a citizen of the United States and a
resident of this state and, except as provided in subsections 2 and 3 of
this section, shall be licensed as an interpreter by this state.

2. The initial interpreter appointments made to the committee shall be
made from interpreters who have voluntarily registered with the Missouri
commission for the deaf and hard of hearing. In making the initial
appointments to the committee, the governor shall stagger the terms of
the appointees so that two members serve initial terms of two years, two
members serve initial terms of three years, two members serve initial
terms of four years and one member serves an initial term of one year.

3. At the time of appointment the public members shall be United States
citizens, Missouri residents for a period of one year, registered voters,
persons who are not and never were members of any profession licensed or
regulated pursuant to sections 209.285 to 209.339, persons who do not
have and never have had a material financial interest in providing
interpreting services or persons who do not have and never have had a
financial interest in an activity or organization directly related to
interpreting.

4. Members shall be appointed to serve four-year terms. No person shall
be eligible for reappointment who has served as a member of the committee
for eight or more years. The membership of the committee shall reflect
the differences in levels of certification, work experience and
education. Not more than two interpreter educators shall be members of
the committee at the same time.

5. A vacancy in the office of a member shall be filled by appointment by
the governor for the remainder of the unexpired term. The governor may
remove a committee member for misconduct, inefficiency, incompetence or
neglect of his or her official duties after giving the committee member
written notice of the charges against the committee member and an
opportunity to be heard.

6. Each member of the committee shall receive as compensation an amount
set by the committee not to exceed fifty dollars for each day devoted to
the affairs of the committee and shall be reimbursed for necessary and
actual expenses incurred in the performance of his or her official duties.

7. The committee shall hold an annual meeting at which it shall elect
from its membership a chairperson and a secretary. The committee may hold
such additional meetings as may be required in the performance of its
duties. A quorum of the committee shall consist of four of its members.

8. The staff for the committee shall be provided by the director of the
division of professional registration.

9. The committee may sue and be sued in its official name and shall have
a seal which shall be affixed to all certified copies of records and
papers on file and to such other instruments as the committee may direct.
All courts shall take judicial notice of such seal. Copies of records and
proceedings of the committee and of all papers on file with the division
on behalf of the committee certified under the seal shall be received as
evidence in all courts of record. (L. 1994 S.B. 568 § 9, A.L. 1999 H.B.
343, A.L. 2002 H.B. 1783)

1. No person shall represent himself or herself as an
interpreter or engage in the practice of interpreting as defined in
section 209.285 in the state of Missouri unless such person is licensed
as required by the provisions of sections 209.319 to 209.339.

2. A person registered, certified or licensed by this state, another
state or any recognized national certification agent, acceptable to the
committee that allows that person to practice any other occupation or
profession in this state, is not considered to be interpreting if he or
she is in performance of the occupation or profession for which he or she
is registered, certified or licensed. The professions referred to in this
subsection include, but are not limited to, physicians, psychologists,
nurses, certified public accountants, architects and attorneys.

3. A licensed interpreter shall limit his or her practice to demonstrated
areas of competence as documented by relevant professional education,
training, experience and certification. An interpreter not trained in an
area shall not practice in that area without obtaining additional
relevant professional education, training and experience through an
acceptable program as defined by rule by the Missouri commission for the
deaf and hard of hearing.

4. A person is not considered to be interpreting pursuant to the
provisions of this section if, in a casual setting and as defined by
rule, a person is acting as an interpreter gratuitously or is engaged in
interpreting incidental to traveling.

5. A person is not considered to be interpreting pursuant to the
provisions of this section if a person is engaged as a telecommunications
operator providing deaf relay service or operator services for the deaf.

6. A person is not considered to be interpreting under the provisions of
this section if the person is currently enrolled in an interpreter
training program which has been accredited by a certifying agency and
approved by the committee. The training program shall offer a degree in
interpreting from an accredited institution of higher education. Persons
exempted under this provision shall engage only in activities and
services that constitute part of a supervised course of study and shall
clearly designate themselves by a title of the student, practicum
student, student interpreter, trainee, or intern.

7. A person holding a current certification of license from another state
or recognized national certification system deemed acceptable by the
committee is not considered to be interpreting as defined in this chapter
when temporarily present in the state for the purpose of providing
interpreting services for a convention, conference, meeting, professional
group, or educational field trip.

8. (1) The board for certification of interpreters shall grant a
provisional certificate in education for any applicant who meets either
of the following criteria:

(a) The applicant possesses a current valid certification in the Missouri
interpreters certification system at either the novice or apprentice
level and holds a valid license to provide interpreting services; or

(b) The applicant has submitted an application for certification in the
Missouri interpreters certification system and an application for an
interpreting license pursuant to sections 209.319 to 209.339 and has
taken the written test and performance test or attests that he or she
will complete the certification and licensure applications and take the
written test within sixty days following the date of application for a
provisional certificate in education and will complete the performance
test within sixty days following passage of the written test.

(2) The board shall issue the provisional certificate in education within
ten business days following receipt of a complete application.

(3) A provisional certificate issued under paragraph (a) of subdivision
(1) of this subsection shall be valid for a term of three years and shall
be renewed by the board, upon request by the certificate holder, for one
additional term of three years if the certificate holder is reevaluated
during the first term of issuance and achieves a higher level of
certification in the Missouri interpreter certification system.

(4) A provisional certificate issued under paragraph (b) of subdivision
(1) of this subsection shall be valid for one year and shall be renewed,
upon request by the certificate holder, pursuant to subdivision (3) of
this subsection if the certificate holder is reevaluated during the term
of issuance and achieves a certification in the Missouri interpreter
certification system. Such renewed certificate shall be subject to the
term length and renewal provisions of subdivision (3) of this subsection.

(5) A provisional certificate in education shall be limited to providing
interpreters services in preschool, elementary and secondary school
settings or as allowed by any other valid Missouri certification or
license held by the individual.

(6) A provisional certificate in education may be revoked by the board if
the person makes any misrepresentations or fails to fulfill any
commitment made pursuant to paragraph (b) of subdivision (1) of this
subsection, or violates the provisions of section 209.317 or 209.334 or
breaks any of the ethical rules of conduct for interpreters as
established by state rule or fails to obtain the necessary continuing
education credits required for certification maintenance. (L. 1994 S.B.
568 § 10, A.L. 2002 H.B. 1783, A.L. 2004 S.B. 968 and S.B. 969)

The board shall recognize the following certificates:

(1) National Registry of Interpreters for the Deaf (NRID) certificates,
which include Comprehensive Skills Certificate (CSC), Certificate of
Interpreting/Certificate of Transliteration (CI/CT) and Certified Deaf
Interpreter (CDI);

(2) National Association of the Deaf (NAD) certificate levels 3, 4 and 5;
and

(3) A provisional public school certificate. (L. 2002 H.B. 1783, A.L.
2004 S.B. 1122)

1. Applications for licensure as an interpreter shall be
submitted to the division on forms prescribed by the division and
furnished to the applicant. The application shall contain the applicant's
statements showing the applicant's education, certification by either the
National Registry of Interpreters for the Deaf, National Association of
the Deaf or Missouri Interpreter Certification System and such other
information as the division may require. Each application shall contain a
statement that it is made under oath or affirmation and that the
information contained in the application is true and correct to the best
knowledge and belief of the applicant, subject to the penalties, as
provided in sections 209.319 to 209.339, for the making of a false
affidavit or declaration. Each application shall be accompanied by the
required application fee. The application fee must be submitted in a
manner as required by the committee and shall not be refundable. The
applicant must be eighteen years of age or older.

2. Each license issued pursuant to the provisions of sections 209.319 to
209.339 shall expire on the renewal date. The division shall mail a
renewal notice to the last known address of each licensee prior to the
license renewal date. The license will expire and renewal may be denied
upon failure of the licensee to provide the division with the information
required for renewal including but not limited to satisfactory evidence
of current certification or to pay the required renewal fee within sixty
days of the license renewal date. The license may be reinstated within
two years after the renewal date, if the applicant applies for
reinstatement and pays the required license renewal fee plus a
delinquency fee as established by the committee and provides evidence of
current certification.

3. Except as provided in section 209.321, the committee with assistance
from the division shall issue or renew a license to each person who files
an application and fee as required by the provisions of sections 209.319
to 209.339 and who furnishes satisfactory evidence to the committee that
he has complied with the provisions of subsection 1 or 2 of this section.

4. The committee may issue a new license to replace any license which is
lost, destroyed or mutilated upon payment of a fee as provided by the
committee. (L. 1994 S.B. 568 § 11, A.L. 2002 H.B. 1783, A.L. 2004 S.B.
1122)

Any person who holds a valid unrevoked and unexpired license or
certification as an interpreter issued by a state or organization other
than this state and recognized by the committee and concurrently by the
Missouri commission for the deaf and hard of hearing and, provided for by
rule, may be granted a temporary license by the committee to practice
interpreting in this state. The application for a temporary license must
be accompanied by the appropriate fee as established by the committee and
that fee is nonrefundable. If issued, the temporary license is valid for
ninety days. A temporary license may not be issued to the same individual
more than once per year. The committee may not issue more than one
temporary license to an individual who has established residency in this
state during the individual's residency. (L. 1994 S.B. 568 § 12, A.L.
2002 H.B. 1783)

1. Notwithstanding any other provision of sections 209.319 to
209.339, the committee may adopt rules and regulations, not otherwise
inconsistent with sections 209.319 to 209.339, to carry out the
provisions of sections 209.319 to 209.339. No rule shall be adopted
except in accordance with the procedures set forth in chapter 536, RSMo.
The committee may promulgate, by rule, "Ethical Rules of Conduct"
governing the practices of interpreters.

2. The committee may promulgate rules and regulations pertaining to, but
not limited to:

(1) The form and content of license applications required by the
provisions of sections 209.319 to 209.339 and the procedures for filing
an application for an initial license, renewal license or temporary
license in this state;

(2) Fees required by the provisions of sections 209.319 to 209.339;

(3) The licenses and certifications recognized as qualifying credentials
for an initial license, renewal license or temporary license;

(4) Establishment and promulgation of procedures for investigating and
resolving complaints and violations occurring under the provisions of
sections 209.319 to 209.339;

(5) Establishment of policy and procedure for reciprocity with other
states, including states which do not have interpreter licensing laws or
states whose licensing laws are not substantially the same as those of
this state. (L. 1994 S.B. 568 § 13)

No rule or portion of a rule promulgated under the authority of
sections 209.285 to 209.339 shall become effective unless it has been
promulgated pursuant to the provisions of section 536.024, RSMo. (L. 1994
S.B. 568 § 14, A.L. 1995 S.B. 3)

1. There is hereby established in the state treasury a fund to
be known as the "State Committee of Interpreters Fund". All fees provided
for in sections 209.319 to 209.339 shall be collected by the director of
the division of professional registration and shall be transmitted to the
department of revenue for deposit in the state treasury for credit to
this fund. Such funds, upon appropriation, shall be disbursed only in
payment of expenses of maintaining the committee and for the enforcement
of the provisions of sections 209.319 to 209.339. Warrants shall be drawn
on the state treasury for payment out of the fund.

2. The provisions of section 33.080, RSMo, to the contrary
notwithstanding, money in this 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 committee's fund for the preceding fiscal year or, if the board
requires by rule license 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 appropriations from the
fund for the preceding fiscal year.

3. No person who has been licensed by the committee as an interpreter in
this state shall be taxed or made liable to pay any municipal or other
corporation tax or license fee of any description whatever for the
privilege of following or carrying on such profession. (L. 1994 S.B. 568
§§ 15, 16)

1. The committee may refuse to issue or renew any license
required by the provisions of sections 209.319 to 209.339 for one or any
combination of causes stated in subsection 2 of this section. The
committee shall notify the applicant in writing of the reasons for the
refusal and shall advise the applicant of his or her right to file a
complaint with the administrative hearing commission as provided by
chapter 621, RSMo.

2. The committee may cause a complaint to be filed with the
administrative hearing commission as provided by chapter 621, RSMo,
against any holder of any license required by sections 209.319 to 209.339
or any person who has failed to renew or has surrendered his 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 engage in the occupation of interpreting;

(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 qualifications, functions or duties of an interpreter, for
any offense an essential element of which is fraud, dishonesty or an act
of violence, whether or not sentence is imposed;

(3) Use of fraud, deception, misrepresentation or bribery in securing any
license issued pursuant to the provisions of sections 209.319 to 209.339
or in obtaining permission to take any examination given or required
pursuant to the provisions of sections 209.319 to 209.339;

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

(5) Incompetency, misconduct, fraud, misrepresentation or dishonesty in
the performance of the functions or duties of interpreting;

(6) Violation of, or assisting or enabling any person to violate, any
provision of sections 209.319 to 209.339, or of any lawful rule or
regulation adopted pursuant to sections 209.319 to 209.339;

(7) Impersonation of any person holding a license or allowing any person
to use his or her license or certification;

(8) Discipline of a license or other right to practice interpreting
granted by another state, territory, federal agency or country upon
grounds for which discipline is authorized in this state;

(9) Discipline of a certification issued by the Missouri commission for
the deaf and hard of hearing or any other certifying body upon grounds
for which discipline is authorized in this state if the licensee was
given notice and an opportunity to be heard before the certification was
disciplined;

(10) A person is finally adjudged incapacitated by a court of competent
jurisdiction;

(11) Assisting or enabling any person to practice or offer to practice
interpreting who is not licensed and currently eligible to practice under
the provisions of sections 209.319 to 209.339;

(12) Issuance of a license based upon a material mistake of fact;

(13) Violation of any professional trust or confidence;

(14) Failure to display or present a valid license if so required by
sections 209.319 to 209.339 or any rule promulgated pursuant thereto.

3. Any person, organization, association or corporation who reports or
provides information to the committee pursuant to the provisions of
sections 209.319 to 209.339 and who does so in good faith shall not be
subject to an action for civil damages as a result thereof.

4. 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 this section, for disciplinary action are met, the
committee may singly or in combination, censure or place the person named
in the complaint on probation on such terms and conditions as the
committee 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.

5. In any order of revocation, the committee may provide that the person
may not apply for reinstatement of his license for three years after the
revocation.

6. Before restoring to good standing a license issued pursuant to
sections 209.319 to 209.339 which has been revoked, suspended or inactive
for any cause, the committee shall require the applicant to submit to the
committee, verification, from the Missouri commission for the deaf that
the applicant has a current certification which qualifies that person for
licensure. (L. 1994 S.B. 568 § 17, A.L. 2002 H.B. 1783)

1. A violation of any provision of sections 209.319 to 209.339
is a class A misdemeanor.

2. All fees or other compensation received for services rendered in
violation of sections 209.319 to 209.339 shall be refunded.

3. The committee may sue in its own name in any court in this state. The
department shall inquire diligently as to any violation of sections
209.319 to 209.339, shall institute actions for penalties herein
prescribed, and shall enforce generally the provisions of sections
209.319 to 209.339.

4. Upon application by the committee, the attorney general may on behalf
of the committee request that a court of competent jurisdiction grant an
injunction, restraining order or other order as may be appropriate to
enjoin a person from:

(1) Offering to engage or engaging in the performance of any acts or
practices for which a certificate of registration or authority, permit or
license is required upon a showing that such acts or practices were
performed, offered to be performed without a certificate of registration
or authority, permit or license; or

(2) Engaging in any practice or business authorized by a certificate of
registration or authority, permit or license issued pursuant to sections
209.319 to 209.339 upon a showing that the holder presents a substantial
probability of serious harm to the health, safety or welfare of any
resident of this state or client of the licensee.

5. Any action brought pursuant to the provisions of this section shall be
commenced either in the county in which such conduct occurred or in the
county in which the defendant resides.

6. Any action brought pursuant to this section may be in addition to or
in lieu of any penalty provided by sections 209.319 to 209.339 and may be
brought concurrently with other actions to enforce sections 209.319 to
209.339. (L. 1994 S.B. 568 § 18)

1. A person who interprets a conversation between a person who
can hear and a deaf person is deemed a conduit for the conversation and
may not disclose or be compelled to disclose by subpoena, the contents of
the conversation which he facilitated without the prior consent of the
person who received his professional services, except as provided in
subsections 2 to 4 of this section.

2. A court may order disclosure of the contents of a conversation to
provide evidence in proceedings related to criminal charges. However, all
communications, which are privileged by law, shall be protected as
privileged communications in the same manner when an interpreter is used.

3. The prohibition on disclosure of the contents of a conversation does
not apply in any investigation, hearing or other proceeding to determine
whether, and to what extent, a licensee should be disciplined. In
addition no such licensee may withhold records or testimony bearing upon
whether, and to what extent, a licensee should be disciplined, on the
ground of not being permitted to disclose the contents of a conversation.

4. A person, whether or not a licensed interpreter, is not prohibited
from disclosing, and may not refuse to disclose, the contents of a
conversation in any proceeding related to allegations that the person has
practiced interpreting without a license. (L. 1994 S.B. 568 § 19)

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