SECOND REGULAR SESSION SENATE BILL NO. 1284 102ND GENERAL ASSEMBLY INTRODUCED BY SENATOR TRENT. 4821S.01I KRISTINA MARTIN, Secretary AN ACT To repeal sections 337.507 and 337.510, RSMo, and to enact in lieu thereof two new sections relating to professional counselors. Be it enacted by the General Assembly of the State of Missouri, as follows: Section A. Sections 337.507 and 337.510, RSMo, are 1 repealed and two new sections enacted in lieu thereof, to be 2 known as sections 337.507 and 337.510, to read as follows:3 337.507. 1. Applications for examination and 1 licensure as a professional counselor shall be in writing, 2 submitted to the division on forms prescribed by the 3 division and furnished to the applicant. The form shall 4 include a statement that the applicant has completed two 5 hours of suicide assessment, referral, treatment, and 6 management training. The application shall contain the 7 applicant's statements showing his education, experience and 8 such other information as the division may require. Each 9 application shall contain a statement that it is made under 10 oath or affirmation and that the information contai ned 11 therein is true and correct to the best knowledge and belief 12 of the applicant, subject to the penalties provided for the 13 making of a false affidavit or declaration. Each 14 application shall be accompanied by the fees required by the 15 committee. Within fifteen business days of receipt of an 16 application, the division shall provide electronic access 17 for applicants to view any missing information or 18 SB 1284 2 documentation. Applicants may send the requested 19 information or documentation to the division electr onically, 20 except that the division may require specific submission 21 processes for documentation related to signatures, 22 transcripts, background checks, and test results. An 23 application shall be considered a complete application once 24 the division has received all required information and 25 documentation. 26 2. The division shall mail a renewal notice to the 27 last known address of each licensee prior to the 28 registration renewal date. Failure to provide the division 29 with the information required for r egistration, or to pay 30 the registration fee after such notice shall result in the 31 expiration of the license. The license shall be restored 32 if, within two years of the registration date, the applicant 33 provides written application and the payment of the 34 registration fee and a delinquency fee. 35 3. A new certificate to replace any certificate lost, 36 destroyed or mutilated may be issued subject to the rules of 37 the committee, upon payment of a fee. 38 4. The committee shall set the amount of the fe es 39 which sections 337.500 to 337.540 authorize and require by 40 rules and regulations promulgated pursuant to section 41 536.021. The fees shall be set at a level to produce 42 revenue which shall not substantially exceed the cost and 43 expense of administerin g the provisions of sections 337.500 44 to 337.540. All fees provided for in sections 337.500 to 45 337.540 shall be collected by the director who shall deposit 46 the same with the state treasurer in a fund to be known as 47 the "Committee of Professional Counse lors Fund". 48 5. The provisions of section 33.080 to the contrary 49 notwithstanding, money in this fund shall not be transferred 50 SB 1284 3 and placed to the credit of general revenue until the amount 51 in the fund at the end of the biennium exceeds two times the 52 amount of the appropriation from the committee's fund for 53 the preceding fiscal year or, if the committee requires by 54 rule renewal less frequently than yearly then three times 55 the appropriation from the committee's fund for the 56 preceding fiscal year. The amount, if any, in the fund 57 which shall lapse is that amount in the fund which exceeds 58 the appropriate multiple of the appropriations from the 59 committee's fund for the preceding fiscal year. 60 6. The committee shall hold public examinations at 61 least two times per year, at such times and places as may be 62 fixed by the committee, notice of such examinations to be 63 given to each applicant at least ten days prior thereto. 64 337.510. 1. As used in this section, the following 1 terms mean: 2 (1) "License", a license, certificate, registration, 3 permit, accreditation, or military occupational specialty 4 that enables a person to legally practice an occupation or 5 profession in a particular jurisdiction; 6 (2) "Military", the Armed Forces of the United States, 7 including the Air Force, Army, Coast Guard, Marine Corps, 8 Navy, Space Force, National Guard and any other military 9 branch that is designated by Congress as part of the Armed 10 Forces of the United States, and all reserve c omponents and 11 auxiliaries. Such term also includes the military reserves 12 and militia of any United States territory or state; 13 (3) "Nonresident military spouse", a nonresident 14 spouse of an active duty member of the Armed Forces of the 15 United States who has been transferred or is scheduled to be 16 transferred to the state of Missouri, or who has been 17 transferred or is scheduled to be transferred to an adjacent 18 SB 1284 4 state and is or will be domiciled in the state of Missouri, 19 or has moved to the state o f Missouri on a permanent change - 20 of-station basis; 21 (4) "Resident military spouse", a spouse of an active 22 duty member of the Armed Forces of the United States who has 23 been transferred or is scheduled to be transferred to the 24 state of Missouri or a n adjacent state and who is a 25 permanent resident of the state of Missouri, who is 26 domiciled in the state of Missouri, or who has Missouri as 27 his or her home of record. 28 2. Each applicant for licensure as a professional 29 counselor shall furnish evid ence to the committee that the 30 applicant is at least eighteen years of age, is a United 31 States citizen or is legally present in the United States; 32 and 33 (1) The applicant has completed a course of study as 34 defined by the board rule leading to a mas ter's, 35 specialist's, or doctoral degree with a major in counseling, 36 except any applicant who has held a license as a 37 professional counselor in this state or currently holds a 38 license as a professional counselor in another state shall 39 not be required to have completed any courses related to 40 career development; and 41 (2) The applicant has completed acceptable supervised 42 counseling as defined by board rule. If the applicant has a 43 master's degree with a major in counseling as defined by 44 board rule, the applicant shall complete at least two years 45 of acceptable supervised counseling experience subsequent to 46 the receipt of the master's degree. The composition and 47 number of hours comprising the acceptable supervised 48 counseling experience shall be defined by board rule. An 49 applicant may substitute thirty semester hours of post 50 SB 1284 5 master's graduate study for one of the two required years of 51 acceptable supervised counseling experience if such hours 52 are clearly related to counseling; 53 (3) After August 28, 2007, each applicant shall have 54 completed a minimum of three hours of graduate level 55 coursework in diagnostic systems either in the curriculum 56 leading to a degree or as post master's graduate level 57 course work; 58 (4) Upon examination, th e applicant is possessed of 59 requisite knowledge of the profession, including techniques 60 and applications, research and its interpretation, and 61 professional affairs and ethics. 62 3. (1) Any person who holds a valid current 63 professional counselor li cense issued by another state, a 64 branch or unit of the military, a territory of the United 65 States, or the District of Columbia, and who has been 66 licensed for at least one year in such other jurisdiction, 67 may submit an application for a professional cou nselor 68 license in Missouri along with proof of current licensure 69 and proof of licensure for at least one year in the other 70 jurisdiction, to the committee. 71 (2) The committee shall: 72 (a) Within six months of receiving an application 73 described in subdivision (1) of this subsection, waive any 74 examination, educational, or experience requirements for 75 licensure in this state for the applicant if it determines 76 that there were minimum education requirements and, if 77 applicable, work experience and clinical supervision 78 requirements in effect and the other state and jurisdiction 79 verifies that the person met those requirements in order to 80 be licensed or certified in that state and jurisdiction. 81 SB 1284 6 The committee may require an applicant to take and pa ss an 82 examination specific to the laws of this state; or 83 (b) Within thirty days of receiving an application 84 described in subdivision (1) of this subsection from a 85 nonresident military spouse or a resident military spouse, 86 waive any examination, e ducational, or experience 87 requirements for licensure in this state for the applicant 88 and issue such applicant a license under this subsection if 89 such applicant otherwise meets the requirements of this 90 subsection and section. 91 (3) (a) The committee shall not waive any 92 examination, educational, or experience requirements for any 93 applicant who has had his or her license revoked by a 94 committee outside the state; who is currently under 95 investigation, who has a complaint pending, or who is 96 currently under disciplinary action, except as provided in 97 paragraph (b) of this subdivision, with a committee outside 98 the state; who does not hold a license in good standing with 99 a committee outside the state; who has a criminal record 100 that would disqualify h im or her for licensure in Missouri; 101 or who does not hold a valid current license in the other 102 jurisdiction on the date the committee receives his or her 103 application under this subsection and section. 104 (b) If another jurisdiction has taken discipli nary 105 action against an applicant, the committee shall determine 106 if the cause for the action was corrected and the matter 107 resolved. If the matter has not been resolved by that 108 jurisdiction, the committee may deny a license until the 109 matter is resolved. 110 (4) Nothing in this subsection shall prohibit the 111 committee from denying a license to an applicant under this 112 subsection for any reason described in section 337.525. 113 SB 1284 7 (5) Any person who is licensed under the provisions of 114 this subsection shall be subject to the committee's 115 jurisdiction and all rules and regulations pertaining to the 116 practice as a licensed professional counselor in this state. 117 (6) This subsection shall not be construed to waive 118 any requirement for an applicant to pay any fees. 119 4. The committee shall issue a license to each person 120 who files an application and fee and who furnishes evidence 121 satisfactory to the committee that the applicant has 122 complied with the provisions of this act and has taken and 123 passed a written, open-book examination on Missouri laws and 124 regulations governing the practice of professional 125 counseling as defined in section 337.500. The division 126 shall issue a provisional professional counselor license to 127 any applicant who meets all requi rements of this section, 128 but who has not completed the required acceptable supervised 129 counseling experience and such applicant may reapply for 130 licensure as a professional counselor upon completion of 131 such acceptable supervised counseling experience. 132 5. (1) The division shall issue a provisional 133 professional counselor license within fifteen business days 134 of receipt of a completed application, as described in 135 section 337.507, to an applicant who meets the requirements 136 of this section and holds a graduate degree accredited by 137 the Council for Accreditation of Counseling and Related 138 Educational Programs, Counseling on Rehabilitation 139 Education, Incorporated, or their successor organizations. 140 The license number shall be made available to the app licant 141 electronically. 142 (2) Such license shall be valid until the application 143 is reviewed by the committee. If the application is 144 rejected by the committee, the license shall terminate 145 SB 1284 8 immediately. If the application is approved by the 146 committee, the license shall remain in effect until the 147 termination date under 20 CSR 2095 -2.005. 148 (3) The division may refuse to issue a provisional 149 professional counselor license through the expedited process 150 described in this subsection to an applicant who has a 151 criminal record that could disqualify him or her from 152 licensure in this state, who has had his or her license 153 denied or revoked in any state, or who is currently under 154 investigation, has a complaint pending, or is under 155 disciplinary action i n any state. 156 6. All persons licensed to practice professional 157 counseling in this state shall pay on or before the license 158 renewal date a renewal license fee and shall furnish to the 159 committee satisfactory evidence of the completion of the 160 requisite number of hours of continuing education as 161 required by rule, including two hours of suicide assessment, 162 referral, treatment, and management training, which shall be 163 no more than forty hours biennially. The continuing 164 education requirements may be w aived by the committee upon 165 presentation to the committee of satisfactory evidence of 166 the illness of the licensee or for other good cause. 167