MO
Missouri Senate Bill SB1284

Missouri 2024 Regular Session

Missouri Senate Bill SB1284 Compare Versions

OldNewDifferences
1-4821S.02C
2- 1
3-SENATE COMMITTEE SUBSTITUTE
4-FOR
1+
2+SECOND REGULAR SESSION
53 SENATE BILL NO. 1284
4+102ND GENERAL ASSEMBLY
5+INTRODUCED BY SENATOR TRENT.
6+4821S.01I KRISTINA MARTIN, Secretary
67 AN ACT
7-To repeal section 337.510, RSMo, and to enact in lieu
8-thereof one new section relating to professional
9-counselors.
8+To repeal sections 337.507 and 337.510, RSMo, and to enact in lieu thereof two new sections
9+relating to professional counselors.
1010
1111 Be it enacted by the General Assembly of the State of Missouri, as follows:
12- Section A. Section 337.510, RSMo, is repealed and one new
13-section enacted in lieu thereof, to be known as section 337.510,
14-to read as follows:
15- 337.510. 1. As used in this section, the following
16-terms mean:
17- (1) "License", a license, cer tificate, registration,
18-permit, accreditation, or military occupational specialty
19-that enables a person to legally practice an occupation or
20-profession in a particular jurisdiction;
21- (2) "Military", the Armed Forces of the United States,
22-including the Air Force, Army, Coast Guard, Marine Corps,
23-Navy, Space Force, National Guard and any other military
24-branch that is designated by Congress as part of the Armed
25-Forces of the United States, and all reserve components and
26-auxiliaries. Such term also includes the military reserves
27-and militia of any United States territory or state;
28- (3) "Nonresident military spouse", a nonresident
29-spouse of an active duty member of the Armed Forces of the
30-United States who has been transferred or is schedule d to be
31-transferred to the state of Missouri, or who has been
32-transferred or is scheduled to be transferred to an adjacent
33-state and is or will be domiciled in the state of Missouri,
34-or has moved to the state of Missouri on a permanent change -
35-of-station basis;
36- 2
37- (4) "Resident military spouse", a spouse of an active
38-duty member of the Armed Forces of the United States who has
39-been transferred or is scheduled to be transferred to the
40-state of Missouri or an adjacent state and who is a
41-permanent resident of the state of Missouri, who is
42-domiciled in the state of Missouri, or who has Missouri as
43-his or her home of record.
44- 2. Each applicant for licensure as a professional
45-counselor shall furnish evidence to the committee that the
46-applicant is at least eighteen years of age, is a United
47-States citizen or is legally present in the United States;
48-and
49- (1) The applicant has completed a course of study as
50-defined by the board rule leading to a master's,
51-specialist's, or doctoral degree w ith a major in counseling,
52-except any applicant who has held a license as a
53-professional counselor in this state or currently holds a
54-license as a professional counselor in another state shall
55-not be required to have completed any courses related to
56-career development; and
57- (2) The applicant has completed acceptable supervised
58-counseling as defined by board rule. If the applicant has a
59-master's degree with a major in counseling as defined by
60-board rule, the applicant shall complete at least tw o years
61-of acceptable supervised counseling experience subsequent to
62-the receipt of the master's degree. The composition and
63-number of hours comprising the acceptable supervised
64-counseling experience shall be defined by board rule. An
65-applicant may substitute thirty semester hours of post
66-master's graduate study for one of the two required years of
67-acceptable supervised counseling experience if such hours
68-are clearly related to counseling;
69- 3
70- (3) After August 28, 2007, each applicant shall have
71-completed a minimum of three hours of graduate level
72-coursework in diagnostic systems either in the curriculum
73-leading to a degree or as post master's graduate level
74-course work;
75- (4) Upon examination, the applicant is possessed of
76-requisite knowledge of the profession, including techniques
77-and applications, research and its interpretation, and
78-professional affairs and ethics.
79- 3. (1) Any person who holds a valid current
80-professional counselor license issued by another state, a
81-branch or unit of the military, a territory of the United
82-States, or the District of Columbia, and who has been
83-licensed for at least one year in such other jurisdiction,
84-may submit an application for a professional counselor
85-license in Missouri along with pro of of current licensure
86-and proof of licensure for at least one year in the other
87-jurisdiction, to the committee.
88- (2) The committee shall:
89- (a) Within six months of receiving an application
90-described in subdivision (1) of this subsection, wai ve any
91-examination, educational, or experience requirements for
92-licensure in this state for the applicant if it determines
93-that there were minimum education requirements and, if
94-applicable, work experience and clinical supervision
95-requirements in effe ct and the other state and jurisdiction
96-verifies that the person met those requirements in order to
97-be licensed or certified in that state and jurisdiction.
98-The committee may require an applicant to take and pass an
99-examination specific to the laws of this state; or
100- (b) Within thirty days of receiving an application
101-described in subdivision (1) of this subsection from a
102-nonresident military spouse or a resident military spouse,
103- 4
104-waive any examination, educational, or experience
105-requirements for licensure in this state for the applicant
106-and issue such applicant a license under this subsection if
107-such applicant otherwise meets the requirements of this
108-subsection [and section].
109- (3) (a) The committee shall not waive any
110-examination, educational, or experience requirements for any
111-applicant who has had his or her license revoked by a
112-committee outside the state; who is currently under
113-investigation, who has a complaint pending, or who is
114-currently under disciplinary action, except as p rovided in
115-paragraph (b) of this subdivision, with a committee outside
116-the state; who does not hold a license in good standing with
117-a committee outside the state; who has a criminal record
118-that would disqualify him or her for licensure in Missouri;
119-or who does not hold a valid current license in the other
120-jurisdiction on the date the committee receives his or her
121-application under this subsection [and section].
122- (b) If another jurisdiction has taken disciplinary
123-action against an applicant, the committee shall determine
124-if the cause for the action was corrected and the matter
125-resolved. If the matter has not been resolved by that
126-jurisdiction, the committee may deny a license until the
127-matter is resolved.
128- (4) Nothing in this subsection shall prohibit the
129-committee from denying a license to an applicant under this
130-subsection for any reason described in section 337.525.
131- (5) Any person who is licensed under the provisions of
132-this subsection shall be subject to the committee's
133-jurisdiction and all rules and regulations pertaining to the
134-practice as a licensed professional counselor in this state.
135- (6) This subsection shall not be construed to waive
136-any requirement for an applicant to pay any fees.
137- 5
138- 4. (1) The executive director of the committee shall
139-issue a license to each person who files an application and
140-fee and who furnishes satisfactory evidence [satisfactory to
141-the committee] that the applicant has complied with the
142-provisions of [this act and] sections 337.500 to 337.540,
143-has taken and passed a written, open -book examination on
144-Missouri laws and regulations governing the practice of
145-professional counseling as defined in section 337.500 , has
146-no criminal record that would disqualify the applicant from
147-licensure in this state, has no discipline of a license
148-outside the state, is not currently under investigation
149-outside the state, has no complaint pending outside the
150-state, and is not currently under disciplinary action
151-outside the state.
152- (2) The committee shall review and approve or deny all
153-applications for licensure for which licenses are not
154-authorized to be issued by the executive director under
155-subdivision (1) of this subsection unless otherwise
156-delegated to the executive director by the committee.
157- (3) The division shall issue a provisional
158-professional counselor license to any applicant who meets
159-all requirements of this section, but who has not completed
160-the required acceptable supervised counseling experience and
161-such applicant may reapply for licensure as a professional
162-counselor upon completion of such acceptable supervised
163-counseling experience.
164- 5. All persons licensed to practice professional
165-counseling in this state shall pay on or before the license
166-renewal date a renewal license fee and shall furnish to the
167-committee satisfactory evidence of the completion of the
168-requisite number of hours of continuing education as
169-required by rule, including two hours of suicide assessment,
170-referral, treatment, and manage ment training, which shall be
171- 6
172-no more than forty hours biennially. The continuing
173-education requirements may be waived by the committee upon
174-presentation to the committee of satisfactory evidence of
175-the illness of the licensee or for other good cause.
176- 6. The committee shall display, or cause to have
177-displayed, the names, addresses, license numbers, and
178-license status for all license holders of all license types
179-on the division's searchable listing of licensees.
12+ Section A. Sections 337.507 and 337.510, RSMo, are 1
13+repealed and two new sections enacted in lieu thereof, to be 2
14+known as sections 337.507 and 337.510, to read as follows:3
15+ 337.507. 1. Applications for examination and 1
16+licensure as a professional counselor shall be in writing, 2
17+submitted to the division on forms prescribed by the 3
18+division and furnished to the applicant. The form shall 4
19+include a statement that the applicant has completed two 5
20+hours of suicide assessment, referral, treatment, and 6
21+management training. The application shall contain the 7
22+applicant's statements showing his education, experience and 8
23+such other information as the division may require. Each 9
24+application shall contain a statement that it is made under 10
25+oath or affirmation and that the information contai ned 11
26+therein is true and correct to the best knowledge and belief 12
27+of the applicant, subject to the penalties provided for the 13
28+making of a false affidavit or declaration. Each 14
29+application shall be accompanied by the fees required by the 15
30+committee. Within fifteen business days of receipt of an 16
31+application, the division shall provide electronic access 17
32+for applicants to view any missing information or 18 SB 1284 2
33+documentation. Applicants may send the requested 19
34+information or documentation to the division electr onically, 20
35+except that the division may require specific submission 21
36+processes for documentation related to signatures, 22
37+transcripts, background checks, and test results. An 23
38+application shall be considered a complete application once 24
39+the division has received all required information and 25
40+documentation. 26
41+ 2. The division shall mail a renewal notice to the 27
42+last known address of each licensee prior to the 28
43+registration renewal date. Failure to provide the division 29
44+with the information required for r egistration, or to pay 30
45+the registration fee after such notice shall result in the 31
46+expiration of the license. The license shall be restored 32
47+if, within two years of the registration date, the applicant 33
48+provides written application and the payment of the 34
49+registration fee and a delinquency fee. 35
50+ 3. A new certificate to replace any certificate lost, 36
51+destroyed or mutilated may be issued subject to the rules of 37
52+the committee, upon payment of a fee. 38
53+ 4. The committee shall set the amount of the fe es 39
54+which sections 337.500 to 337.540 authorize and require by 40
55+rules and regulations promulgated pursuant to section 41
56+536.021. The fees shall be set at a level to produce 42
57+revenue which shall not substantially exceed the cost and 43
58+expense of administerin g the provisions of sections 337.500 44
59+to 337.540. All fees provided for in sections 337.500 to 45
60+337.540 shall be collected by the director who shall deposit 46
61+the same with the state treasurer in a fund to be known as 47
62+the "Committee of Professional Counse lors Fund". 48
63+ 5. The provisions of section 33.080 to the contrary 49
64+notwithstanding, money in this fund shall not be transferred 50 SB 1284 3
65+and placed to the credit of general revenue until the amount 51
66+in the fund at the end of the biennium exceeds two times the 52
67+amount of the appropriation from the committee's fund for 53
68+the preceding fiscal year or, if the committee requires by 54
69+rule renewal less frequently than yearly then three times 55
70+the appropriation from the committee's fund for the 56
71+preceding fiscal year. The amount, if any, in the fund 57
72+which shall lapse is that amount in the fund which exceeds 58
73+the appropriate multiple of the appropriations from the 59
74+committee's fund for the preceding fiscal year. 60
75+ 6. The committee shall hold public examinations at 61
76+least two times per year, at such times and places as may be 62
77+fixed by the committee, notice of such examinations to be 63
78+given to each applicant at least ten days prior thereto. 64
79+ 337.510. 1. As used in this section, the following 1
80+terms mean: 2
81+ (1) "License", a license, certificate, registration, 3
82+permit, accreditation, or military occupational specialty 4
83+that enables a person to legally practice an occupation or 5
84+profession in a particular jurisdiction; 6
85+ (2) "Military", the Armed Forces of the United States, 7
86+including the Air Force, Army, Coast Guard, Marine Corps, 8
87+Navy, Space Force, National Guard and any other military 9
88+branch that is designated by Congress as part of the Armed 10
89+Forces of the United States, and all reserve c omponents and 11
90+auxiliaries. Such term also includes the military reserves 12
91+and militia of any United States territory or state; 13
92+ (3) "Nonresident military spouse", a nonresident 14
93+spouse of an active duty member of the Armed Forces of the 15
94+United States who has been transferred or is scheduled to be 16
95+transferred to the state of Missouri, or who has been 17
96+transferred or is scheduled to be transferred to an adjacent 18 SB 1284 4
97+state and is or will be domiciled in the state of Missouri, 19
98+or has moved to the state o f Missouri on a permanent change - 20
99+of-station basis; 21
100+ (4) "Resident military spouse", a spouse of an active 22
101+duty member of the Armed Forces of the United States who has 23
102+been transferred or is scheduled to be transferred to the 24
103+state of Missouri or a n adjacent state and who is a 25
104+permanent resident of the state of Missouri, who is 26
105+domiciled in the state of Missouri, or who has Missouri as 27
106+his or her home of record. 28
107+ 2. Each applicant for licensure as a professional 29
108+counselor shall furnish evid ence to the committee that the 30
109+applicant is at least eighteen years of age, is a United 31
110+States citizen or is legally present in the United States; 32
111+and 33
112+ (1) The applicant has completed a course of study as 34
113+defined by the board rule leading to a mas ter's, 35
114+specialist's, or doctoral degree with a major in counseling, 36
115+except any applicant who has held a license as a 37
116+professional counselor in this state or currently holds a 38
117+license as a professional counselor in another state shall 39
118+not be required to have completed any courses related to 40
119+career development; and 41
120+ (2) The applicant has completed acceptable supervised 42
121+counseling as defined by board rule. If the applicant has a 43
122+master's degree with a major in counseling as defined by 44
123+board rule, the applicant shall complete at least two years 45
124+of acceptable supervised counseling experience subsequent to 46
125+the receipt of the master's degree. The composition and 47
126+number of hours comprising the acceptable supervised 48
127+counseling experience shall be defined by board rule. An 49
128+applicant may substitute thirty semester hours of post 50 SB 1284 5
129+master's graduate study for one of the two required years of 51
130+acceptable supervised counseling experience if such hours 52
131+are clearly related to counseling; 53
132+ (3) After August 28, 2007, each applicant shall have 54
133+completed a minimum of three hours of graduate level 55
134+coursework in diagnostic systems either in the curriculum 56
135+leading to a degree or as post master's graduate level 57
136+course work; 58
137+ (4) Upon examination, th e applicant is possessed of 59
138+requisite knowledge of the profession, including techniques 60
139+and applications, research and its interpretation, and 61
140+professional affairs and ethics. 62
141+ 3. (1) Any person who holds a valid current 63
142+professional counselor li cense issued by another state, a 64
143+branch or unit of the military, a territory of the United 65
144+States, or the District of Columbia, and who has been 66
145+licensed for at least one year in such other jurisdiction, 67
146+may submit an application for a professional cou nselor 68
147+license in Missouri along with proof of current licensure 69
148+and proof of licensure for at least one year in the other 70
149+jurisdiction, to the committee. 71
150+ (2) The committee shall: 72
151+ (a) Within six months of receiving an application 73
152+described in subdivision (1) of this subsection, waive any 74
153+examination, educational, or experience requirements for 75
154+licensure in this state for the applicant if it determines 76
155+that there were minimum education requirements and, if 77
156+applicable, work experience and clinical supervision 78
157+requirements in effect and the other state and jurisdiction 79
158+verifies that the person met those requirements in order to 80
159+be licensed or certified in that state and jurisdiction. 81 SB 1284 6
160+The committee may require an applicant to take and pa ss an 82
161+examination specific to the laws of this state; or 83
162+ (b) Within thirty days of receiving an application 84
163+described in subdivision (1) of this subsection from a 85
164+nonresident military spouse or a resident military spouse, 86
165+waive any examination, e ducational, or experience 87
166+requirements for licensure in this state for the applicant 88
167+and issue such applicant a license under this subsection if 89
168+such applicant otherwise meets the requirements of this 90
169+subsection and section. 91
170+ (3) (a) The committee shall not waive any 92
171+examination, educational, or experience requirements for any 93
172+applicant who has had his or her license revoked by a 94
173+committee outside the state; who is currently under 95
174+investigation, who has a complaint pending, or who is 96
175+currently under disciplinary action, except as provided in 97
176+paragraph (b) of this subdivision, with a committee outside 98
177+the state; who does not hold a license in good standing with 99
178+a committee outside the state; who has a criminal record 100
179+that would disqualify h im or her for licensure in Missouri; 101
180+or who does not hold a valid current license in the other 102
181+jurisdiction on the date the committee receives his or her 103
182+application under this subsection and section. 104
183+ (b) If another jurisdiction has taken discipli nary 105
184+action against an applicant, the committee shall determine 106
185+if the cause for the action was corrected and the matter 107
186+resolved. If the matter has not been resolved by that 108
187+jurisdiction, the committee may deny a license until the 109
188+matter is resolved. 110
189+ (4) Nothing in this subsection shall prohibit the 111
190+committee from denying a license to an applicant under this 112
191+subsection for any reason described in section 337.525. 113 SB 1284 7
192+ (5) Any person who is licensed under the provisions of 114
193+this subsection shall be subject to the committee's 115
194+jurisdiction and all rules and regulations pertaining to the 116
195+practice as a licensed professional counselor in this state. 117
196+ (6) This subsection shall not be construed to waive 118
197+any requirement for an applicant to pay any fees. 119
198+ 4. The committee shall issue a license to each person 120
199+who files an application and fee and who furnishes evidence 121
200+satisfactory to the committee that the applicant has 122
201+complied with the provisions of this act and has taken and 123
202+passed a written, open-book examination on Missouri laws and 124
203+regulations governing the practice of professional 125
204+counseling as defined in section 337.500. The division 126
205+shall issue a provisional professional counselor license to 127
206+any applicant who meets all requi rements of this section, 128
207+but who has not completed the required acceptable supervised 129
208+counseling experience and such applicant may reapply for 130
209+licensure as a professional counselor upon completion of 131
210+such acceptable supervised counseling experience. 132
211+ 5. (1) The division shall issue a provisional 133
212+professional counselor license within fifteen business days 134
213+of receipt of a completed application, as described in 135
214+section 337.507, to an applicant who meets the requirements 136
215+of this section and holds a graduate degree accredited by 137
216+the Council for Accreditation of Counseling and Related 138
217+Educational Programs, Counseling on Rehabilitation 139
218+Education, Incorporated, or their successor organizations. 140
219+The license number shall be made available to the app licant 141
220+electronically. 142
221+ (2) Such license shall be valid until the application 143
222+is reviewed by the committee. If the application is 144
223+rejected by the committee, the license shall terminate 145 SB 1284 8
224+immediately. If the application is approved by the 146
225+committee, the license shall remain in effect until the 147
226+termination date under 20 CSR 2095 -2.005. 148
227+ (3) The division may refuse to issue a provisional 149
228+professional counselor license through the expedited process 150
229+described in this subsection to an applicant who has a 151
230+criminal record that could disqualify him or her from 152
231+licensure in this state, who has had his or her license 153
232+denied or revoked in any state, or who is currently under 154
233+investigation, has a complaint pending, or is under 155
234+disciplinary action i n any state. 156
235+ 6. All persons licensed to practice professional 157
236+counseling in this state shall pay on or before the license 158
237+renewal date a renewal license fee and shall furnish to the 159
238+committee satisfactory evidence of the completion of the 160
239+requisite number of hours of continuing education as 161
240+required by rule, including two hours of suicide assessment, 162
241+referral, treatment, and management training, which shall be 163
242+no more than forty hours biennially. The continuing 164
243+education requirements may be w aived by the committee upon 165
244+presentation to the committee of satisfactory evidence of 166
245+the illness of the licensee or for other good cause. 167
246+