4247S.02C
1
SENATE COMMITTEE SUBSTITUTE
FOR
SENATE BILL NO. 875
AN ACT
To repeal sections 43.546, 210.482, and 210.487,
RSMo, and to enact in lieu thereof forty-one new
sections relating to criminal background checks.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 43.546, 210.482, and 210.487, RSMo,
are repealed and forty-one new sections enacted in lieu thereof,
to be known as sections 43.546, 168.014, 190.106, 208.222,
209.324, 210.482, 210.487, 301.551, 311.661, 324.055, 324.129,
324.246, 324.488, 324.1105, 326.257, 330.025, 331.025, 332.015,
334.015, 334.403, 334.501, 334.701, 334.739, 334.805, 335.022,
335.042, 336.025, 337.018, 337.308, 337.501, 337.605, 337.702,
338.052, 339.015, 339.510, 345.016, 374.711, 436.225, 443.702,
484.125, and 640.011, to read as follows:
43.546. 1. Any state agency, board, or commission may
require the fingerprinting of applicants in specified
occupations or appointments within the state agency, board,
or commission for the purpose of positive ide ntification and
receiving criminal history record information when
determining an applicant's ability or fitness to serve in
such occupation or appointment.
2. In order to facilitate the criminal background
check under subsection 1 of this sectio n on any person
employed or appointed by a state agency, board, or
commission, [and in accordance with section 43.543, ] the
applicant or employee shall submit a set of fingerprints
collected under the standards determined by the Missouri
highway patrol. The fingerprints and accompanying fees,
unless otherwise arranged, shall be forwarded to the highway
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patrol to be used to search the state criminal history
repository and the fingerprints shall be forwarded to the
Federal Bureau of Investigation fo r a national criminal
background check under section 43.540. Notwithstanding the
provisions of section 610.120 to the contrary, all records
related to any criminal history information discovered shall
be accessible and available to the state agency ma king the
request.
168.014. 1. The state board of education shall
require applicants to submit fingerprints to the Missouri
state highway patrol for the purpose of conducting a state
and federal fingerprint -based criminal history backg round
check.
2. The state board of education may require that such
fingerprint submissions be made as part of an application
seeking a certificate of license to teach or substitute
teach in public schools, as provided in sections 168.011,
168.021, and 168.036 and as required by section 168.133.
3. The fingerprints and any required fees shall be
sent to the Missouri state highway patrol's central
repository. The fingerprints shall be used for searching
the state criminal records repositor y and shall also be
forwarded to the Federal Bureau of Investigation for a
federal criminal records search under section 43.540. The
Missouri state highway patrol shall notify the state board
of education of any criminal history record information or
lack of criminal history record information discovered on
the individual. Notwithstanding the provisions of section
610.120 to the contrary, all records related to any criminal
history information discovered shall be accessible and
available to the state board of education.
190.106. 1. The department of health and senior
services shall require applicants to submit fingerprints to
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the Missouri state highway patrol for the purpose of
conducting a state and federal fingerprint -based criminal
history background check.
2. The department of health and senior services may
require that such fingerprint submissions be made as part of
an application seeking licensure as an emergency medical
technician or "EMT", an advanced emergenc y medical
technician or "AEMT", or a paramedic, and an application
seeking certification as an emergency medical technician -
community paramedic or "EMT -CP", as such terms are defined
in section 190.100.
3. The fingerprints and any required fees s hall be
sent to the Missouri state highway patrol's central
repository. The fingerprints shall be used for searching
the state criminal records repository and shall also be
forwarded to the Federal Bureau of Investigation for a
federal criminal recor ds search under section 43.540. The
Missouri state highway patrol shall notify the department of
health and senior services of any criminal history record
information or lack of criminal history record information
discovered on the individual. Notwithstanding the
provisions of section 610.120 to the contrary, all records
related to any criminal history information discovered shall
be accessible and available to the department of health and
senior services.
208.222. 1. The Missouri Medicaid audit and
compliance unit within the department of social services
shall require applicants to submit fingerprints to the
Missouri state highway patrol for the purpose of conducting
a state and federal fingerprint -based criminal history
background check.
2. The Missouri Medicaid audit and compliance unit
within the department of social services may require that
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such fingerprint submissions be made as part of an
application seeking to be licensed as a MO HealthNet
provider for the purpose of providing MO HealthNet services
to eligible persons and obtaining from the department of
social services or its divisions reimbursement for eligible
services.
3. The fingerprints and any required fees shall be
sent to the Missouri state highway patrol's central
repository. The fingerprints shall be used for searching
the state criminal records repository and shall also be
forwarded to the Federal Bureau of Investigation for a
federal criminal records search under section 43.540. The
Missouri state highway patrol shall notify the Missouri
Medicaid audit and compliance unit within the department of
social services of any criminal history record information
or lack of criminal history record information discovered on
the individual. Notwithstanding the provisions of section
610.120 to the contrary, all records related to any criminal
history information discovered shall be accessible and
available to the Missouri Medicaid audit and compliance unit
within the department of soci al services.
4. For purposes of this section, the following terms
mean:
(1) "Eligible persons", individuals or families in the
categories provided in section 208.151 and in Section 36(c)
of Article IV of the Constitution of the state of Miss ouri
to receive medical assistance benefits Title XIX, P.L. 89 -
97, 1965 amendments to the federal Social Security Act, 42
U.S.C. Section 301 et seq., known in this state as the
Missouri Medicaid Program or MO HealthNet;
(2) "MO HealthNet provider ", any person, partnership,
corporation, not-for-profit corporation, professional
corporation, or business entity that enters into a contract
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or provider agreement with the department of social services
or its divisions for the purpose of providing ser vices to
eligible persons and obtaining from the department of social
services or its divisions reimbursement for such services;
(3) "MO HealthNet services", medical services defined
and determined by the department of social services or
listed specifically in section 208.152 in which eligible
persons receive as part of their Missouri Medicaid coverage.
209.324. 1. The state committee of interpreters shall
require applicants to submit fingerprints to the Missouri
state highway patrol for the purpose of conducting a state
and federal fingerprint -based criminal history background
check.
2. The state committee of interpreters may require
that such fingerprint submissions be made as part of an
application seeking licensur e as an interpreter, as such
term is defined in section 209.285, and temporary
interpreter, as provided in section 209.326.
3. The fingerprints and any required fees shall be
sent to the Missouri state highway patrol's central
repository. The fingerprints shall be used for searching
the state criminal records repository and shall also be
forwarded to the Federal Bureau of Investigation for a
federal criminal records search under section 43.540. The
Missouri state highway patrol shall notify the committee of
any criminal history record information or lack of criminal
history record information discovered on the individual.
Notwithstanding the provisions of section 610.120 to the
contrary, all records related to any criminal history
information discovered shall be accessible and available to
the committee.
210.482. 1. If the emergency placement of a child in
a private home is necessary due to the unexpected absence of
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the child's parents, legal guardian, or custodian, the
juvenile court or children's division of the department of
social services:
(1) May request that a local or state law enforcement
agency or juvenile officer, subject to any required federal
authorization, immediately conduct a name -based criminal
history record check to include full orders of protection
and outstanding warrants of each person over the age of
[seventeen] eighteen residing in the home by using the
Missouri uniform law enforcement system (MULES) and the
National Crime Inform ation Center to access the Interstate
Identification Index (III) maintained by the Federal Bureau
of Investigation; and
(2) Shall determine or, in the case of the juvenile
court, shall request the division to determine whether any
person over the age of [seventeen] eighteen years residing
in the home is listed on the child abuse and neglect
registry. For any children less than [seventeen] eighteen
years of age residing in the home, the children's division
shall inquire of the person with whom an emergency placement
of a child will be made whether any children less than
[seventeen] eighteen years of age residing in the home have
ever been certified as an adult and convicted of or pled
guilty or nolo contendere to any crime.
2. If a name-based search has been conducted pursuant
to subsection 1 of this section, within fifteen calendar
days of the Interstate Identification Index (III) name -based
check, after the emergency placement of the child in the
private home, and if the private home has not previously
been approved as a foster or adoptive home, all persons over
the age of [seventeen] eighteen residing in the home and all
children less than [seventeen] eighteen residing in the home
who the children's division has determined ha ve been
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certified as an adult for the commission of a crime shall
[report to a local law enforcement agency for the purpose of
providing fingerprints and accompanying fees ] be
fingerprinted, pursuant to sections 43.530 and 43.540. The
fingerprints shall be used for searching the state criminal
records repository and shall also be forwarded to the
Federal Bureau of Investigation for a federal criminal
records search under section 43.540. Results of the checks
shall be provided to the juvenile cour t or children's
division office requesting such information. Any child
placed in emergency placement in a private home shall be
removed immediately if any person residing in the home fails
to provide fingerprints after being requested to do so,
unless the person refusing to provide fingerprints ceases to
reside in the private home.
3. If the placement of a child is denied as a result
of a name-based criminal history check and the denial is
contested, all persons over the age of [seventeen] eighteen
residing in the home and all children less than [seventeen]
eighteen years of age residing in the home who the
children's division has determined have been certified as an
adult for the commission of a crime shall, within fifteen
calendar days of conducting the Interstate Identification
Index (III) name-based check, submit [to the juvenile court
or the children's division ] fingerprints and any required
fees, in the same manner described in subsection 2 of this
section[, accompanying fees, an d written permission
authorizing the juvenile court or the children's division to
forward the fingerprints to the state criminal record
repository for submission to the Federal Bureau of
Investigation.
4. No person who submits fingerprints under this
section shall be required to submit additional fingerprints
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under this section or section 210.487 unless the original
fingerprints retained by the division are lost or destroyed ].
[5.] 4. Subject to appropriation, the total cost of
fingerprinting required by this section may be paid by the
state, including reimbursement of persons incurring
fingerprinting costs under this section.
[6.] 5. For the purposes of this section, "emergency
placement" refers to those limited instances when t he
juvenile court or children's division is placing a child in
the home of private individuals, including neighbors,
friends, or relatives, as a result of a sudden
unavailability of the child's primary caretaker.
210.487. 1. The children's division of the department
of social services shall require fingerprint submissions to
the Missouri state highway patrol for the purpose of
conducting a state and federal fingerprint -based criminal
background check. When conducting investigation s of persons
for the purpose of foster parent licensing, the children's
division shall:
(1) Conduct a search for all persons over the age of
[seventeen] eighteen in the applicant's household and for
any child less than [seventeen] eighteen years of age
residing in the applicant's home who the division has
determined has been certified as an adult for the commission
of a crime for evidence of full orders of protection. The
office of state courts administrator shall allow access to
the automated court information system by the division. The
clerk of each court contacted by the division shall provide
the division information within ten days of a request;
(2) Obtain fingerprints for any person over the age of
[seventeen] eighteen in the applicant's household and for
any child less than [seventeen] eighteen years of age
residing in the applicant's home who the division has
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determined has been certified as an adult for the commission
of a crime [in the same manner set forth in subsecti on 2 of
section 210.482]. The fingerprints and any required fees
shall be sent to the Missouri state highway patrol's central
repository. The fingerprints shall be used for searching
the state criminal records repository and shall also be
forwarded to the Federal Bureau of Investigation for a
federal criminal records search under section 43.540. The
Missouri state highway patrol shall notify the juvenile
court or the division of any criminal history record
information or lack of criminal history record information
discovered on the individual. Notwithstanding the
provisions of section 610.120 to the contrary, all records
related to any criminal history information discovered shall
be accessible and available to the juvenile court or the
division. The highway patrol shall assist the division and
provide the criminal fingerprint background information,
upon request, under and in accordance with the provisions of
section 43.540; and
(3) Determine whether any person over the age of
[seventeen] eighteen residing in the home and any child less
than [seventeen] eighteen years of age residing in the
applicant's home who the division has determined has been
certified as an adult for the commission of a crime is
listed on the child abuse and neglect registry. For any
children less than seventeen years of age residing in the
applicant's home, the [children's] division shall inquire of
the applicant whether any children less than [seventeen]
eighteen years of age residing in the home h ave ever been
certified as an adult and been convicted of or pled guilty
or nolo contendere to any crime.
2. [After the initial investigation is completed under
subsection 1 of this section:
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(1) No person who submits fingerprints under
subsection 1 of this section or section 210.482 shall be
required to submit additional fingerprints under this
section or section 210.482 unless the original fingerprints
retained by the division are lost or destroyed;
(2) The highway patrol shall pro vide ongoing
electronic updates to criminal history background checks of
those persons previously submitted as part of the licensing
or approval process under subsection 1 of this section.
Ongoing electronic updates for such persons and for those in
their households shall terminate when such persons cease to
be applicant or licensed foster parents; and
(3) The children's division and the department of
health and senior services may waive the requirement for a
fingerprint background check for any subsequent
recertification.
3.] Subject to appropriation, the total cost of
fingerprinting required by this section may be paid by the
state, including reimbursement of persons incurring
fingerprinting costs under this section.
[4.] 3. The division may make arrangements with other
executive branch agencies to obtain any investigative
background information.
[5.] 4. The division may promulgate rules that are
necessary to implement the provisions of this section. Any
rule or portion of a rule, as that term is defined in
section 536.010, that is created under the authority
delegated in this section shall become effective only if it
complies with and is subject to all of the provisions of
chapter 536 and, if applicable, section 536.028. This
section and chapter 536 are nonseverable and if any of the
powers vested with the general assembly pursuant to chapter
536 to review, to delay the effective date, or to disapprove
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and annul a rule are subsequently held unconstitutional,
then the grant of rulemaking authority and any rule proposed
or adopted after August 28, 2004, shall be invalid and void.
301.551. 1. The department of revenue shall require
applicants to submit fingerprints to the Missouri state
highway patrol for the purpose of conducting a state and
federal fingerprint-based criminal history background check.
2. The department of revenue may require that such
fingerprint submissions be made as part of an application
seeking licensure for a new motor vehicle franchise dealer,
used motor vehicle dealer, powersport dealer, wholesale
motor vehicle dealer, motor vehicle dealer, public motor
vehicle auction, recreational motor vehicle dealer, trailer
dealer, boat dealer, manufacturer, or boat manufacturer, as
such terms are defined in section 301.550.
3. The fingerprints and any required fees shall be
sent to the Missouri state highway patrol's central
repository. The fingerprints shall be used for searching
the state criminal recor ds repository and shall also be
forwarded to the Federal Bureau of Investigation for a
federal criminal records search under section 43.540. The
Missouri state highway patrol shall notify the department of
any criminal history record information or la ck of criminal
history record information discovered on the individual.
Notwithstanding the provisions of section 610.120 to the
contrary, all records related to any criminal history
information discovered shall be accessible and available to
the department.
311.661. 1. The division of alcohol and tobacco
control shall require any owner, as such term is defined in
subsection 3 of this section, or applicant, as such term is
defined in section 43.540, seeking a license for the
manufacture, sale, transport, consumption, or delivery of
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intoxicating liquors within this state, as provided in this
chapter, to submit fingerprints to the Missouri state
highway patrol for the purpose of conducting a state and
federal fingerprint-based criminal history background
check. The licenses provided by this chapter that require a
background check for licensure are as follows:
(1) Alcohol carrier or transportation license;
(2) Manufacturer-solicitor, domestic winery, or
microbrewery liquor license;
(3) Primary retail liquor license;
(4) Solicitor license;
(5) Wholesalers license; and
(6) Wine direct shipper license.
2. The fingerprints and any required fees shall be
sent to the Missouri state highway p atrol's central
repository. The fingerprints shall be used for searching
the state criminal records repository and shall also be
forwarded to the Federal Bureau of Investigation for a
federal criminal records search under section 43.540. The
Missouri state highway patrol shall notify the division of
alcohol and tobacco control of any criminal history record
information or lack of criminal history record information
discovered on the individual. Notwithstanding the
provisions of section 610.120 t o the contrary, all records
related to any criminal history information discovered shall
be accessible and available to the division of alcohol and
tobacco control.
3. For purposes of this section, the following terms
mean:
(1) "Alcohol carrier or transportation license", a
license issued to an applicant for the transport or delivery
of intoxicating liquor into, within, or through this state;
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(2) "Manufacturer-solicitor, domestic winery, or
microbrewery liquor license", a license is sued to an
applicant authorizing the manufacturing, distilling,
blending, or brewing of intoxicating liquor in this state;
(3) "Owner", an individual holding ten percent or
greater financial interest or voting interest in an entity
seeking to be licensed;
(4) "Primary retail liquor license", a license issued
to an applicant for the retail sale of intoxicating liquor
in this state;
(5) "Solicitor license", a license issued to an
applicant which allows for the solicitation of orders f or
the sale of intoxicating liquor to wholesalers licensed in
this state;
(6) "Wholesalers license", a license issued to an
applicant authorizing the sale of intoxicating liquor to
retail licensees;
(7) "Wine direct shipper license", a lice nse issued to
an applicant allowing for the direct shipping of
intoxicating liquor to consumers who are residents of this
state and who are at least twenty -one years of age for the
personal use and not for resale.
324.055. 1. The Missouri board of occupational
therapy shall require applicants to submit fingerprints to
the Missouri state highway patrol for the purpose of
conducting a state and federal fingerprint -based criminal
history background check.
2. The Missouri board o f occupational therapy may
require that such fingerprint submissions be made as part of
an application seeking licensure as an occupational
therapist or an occupational therapy assistant, or a limited
permit to practice occupational therapy, as such te rms are
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defined in section 324.050 and as provided in section
324.077.
3. The fingerprints and any required fees shall be
sent to the Missouri state highway patrol's central
repository. The fingerprints shall be used for searching
the state criminal records repository and shall also be
forwarded to the Federal Bureau of Investigation for a
federal criminal records search under section 43.540. The
Missouri state highway patrol shall notify the Missouri
board of occupational therapy of any cr iminal history record
information or lack of criminal history record information
discovered on the individual. Notwithstanding the
provisions of section 610.120 to the contrary, all records
related to any criminal history information discovered shall
be accessible and available to the Missouri board of
occupational therapy.
324.129. 1. The state board of registration for the
healing arts shall require applicants to submit fingerprints
to the Missouri state highway patrol for the p urpose of
conducting a state and federal fingerprint -based criminal
history background check.
2. The state board of registration for the healing
arts may require that such fingerprint submissions be made
as part of an application seeking licensur e as a licensed
clinical perfusionist and provisional clinical licensed
perfusionist, as defined in section 324.128.
3. The fingerprints and any required fees shall be
sent to the Missouri state highway patrol's central
repository. The fingerprints shall be used for searching
the state criminal records repository and shall also be
forwarded to the Federal Bureau of Investigation for a
federal criminal records search under section 43.540. The
Missouri state highway patrol shall notify the sta te board
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of registration for the healing arts of any criminal history
record information or lack of criminal history record
information discovered on the individual. Notwithstanding
the provisions of section 610.120 to the contrary, all
records related to any criminal history information
discovered shall be accessible and available to the state
board of registration for the healing arts.
324.246. 1. The board of therapeutic massage shall
require applicants to submit fingerprints t o the Missouri
state highway patrol for the purpose of conducting a state
and federal fingerprint -based criminal history background
check.
2. The board of therapeutic massage may require that
such fingerprint submissions be made as part of an
application seeking a license, provisional license, or
student license as a massage therapist and a license as a
massage business, as such terms are defined in section
324.240 and as provided in sections 324.247 and 324.265.
3. The fingerprints and any required fees shall be
sent to the Missouri state highway patrol's central
repository. The fingerprints shall be used for searching
the state criminal records repository and shall also be
forwarded to the Federal Bureau of Investigation for a
federal criminal records search under section 43.540. The
Missouri state highway patrol shall notify the board of
therapeutic massage of any criminal history record
information or lack of criminal history record information
discovered on the individual. Notwithstanding the
provisions of section 610.120 to the contrary, all records
related to any criminal history information discovered shall
be accessible and available to the board of therapeutic
massage.
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324.488. 1. The state board of chiropractic examiners
shall require applicants to submit fingerprints to the
Missouri state highway patrol for the purpose of conducting
a state and federal fingerprint -based criminal history
background check.
2. The state board of chiropract ic examiners may
require that such fingerprint submissions be made as part of
an application seeking licensure as an acupuncturist, as
such term is defined in section 324.475.
3. The fingerprints and any required fees shall be
sent to the Missouri state highway patrol's central
repository. The fingerprints shall be used for searching
the state criminal records repository and shall also be
forwarded to the Federal Bureau of Investigation for a
federal criminal records search under section 43.5 40. The
Missouri state highway patrol shall notify the state board
of chiropractic examiners of any criminal history record
information or lack of criminal history record information
discovered on the individual. Notwithstanding the
provisions of section 610.120 to the contrary, all records
related to any criminal history information discovered shall
be accessible and available to the state board of
chiropractic examiners.
324.1105. 1. The board of private investigator and
private fire investigator examiners shall require applicants
to submit fingerprints to the Missouri state highway patrol
for the purpose of conducting a state and federal
fingerprint-based criminal history background check.
2. The board of private inve stigator and private fire
investigator examiners may require that such fingerprint
submissions be made as part of an application seeking
licensure as a private investigator or private fire
investigator or as an employee of a private investigator
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agency or private fire investigator agency, as such terms
are defined in section 324.1100.
3. The fingerprints and any required fees shall be
sent to the Missouri state highway patrol's central
repository. The fingerprints shall be used for searching
the state criminal records repository and shall also be
forwarded to the Federal Bureau of Investigation for a
federal criminal records search under section 43.540. The
Missouri state highway patrol shall notify the board of
private investigator and private fire investigator examiners
of any criminal history record information or lack of
criminal history record information discovered on the
individual. Notwithstanding the provisions of section
610.120 to the contrary, all records related to any c riminal
history information discovered shall be accessible and
available to the board of private investigator and private
fire investigator examiners.
326.257. 1. The Missouri state board of accountancy
shall require applicants to sub mit fingerprints to the
Missouri state highway patrol for the purpose of conducting
a state and federal fingerprint -based criminal history
background check.
2. The Missouri state board of accountancy may require
that such fingerprint submissions be made as part of an
application seeking licensure as a certified public
accountant and a permit for a certified public accounting
firm, as defined in section 326.256.
3. The fingerprints and any required fees shall be
sent to the Missouri state highway patrol's central
repository. The fingerprints shall be used for searching
the state criminal records repository and shall also be
forwarded to the Federal Bureau of Investigation for a
federal criminal records search under section 43.540. The
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Missouri state highway patrol shall notify the Missouri
state board of accountancy of any criminal history record
information or lack of criminal history record information
discovered on the individual. Notwithstanding the
provisions of section 610 .120 to the contrary, all records
related to any criminal history information discovered shall
be accessible and available to the Missouri state board of
accountancy.
330.025. 1. The state board of podiatric medicine
shall require applicants to submit fingerprints to the
Missouri state highway patrol for the purpose of conducting
a state and federal fingerprint -based criminal history
background check.
2. The state board of podiatric medicine may require
that such fingerprint submissions be made as part of an
application seeking a permanent license or a temporary
license to practice podiatric medicine, as provided in
sections 330.045 and 330.065, or a permanent podiatric
medicine license with ankle certification, as such te rm is
defined in subsection 4 of this section.
3. The fingerprints and any required fees shall be
sent to the Missouri state highway patrol's central
repository. The fingerprints shall be used for searching
the state criminal records repository and shall also be
forwarded to the Federal Bureau of Investigation for a
federal criminal records search under section 43.540. The
Missouri state highway patrol shall notify the state board
of podiatric medicine of any criminal history record
information or lack of criminal history record information
discovered on the individual. Notwithstanding the
provisions of section 610.120 to the contrary, all records
related to any criminal history information discovered shall
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be accessible and available t o the state board of podiatric
medicine.
4. For purposes of this section, the term "permanent
podiatric medicine license with ankle certification" means a
license issued to a doctor of podiatric medicine who has met
the requirements for performin g surgery on the ankle as
provided in section 330.010.
331.025. 1. The state board of chiropractic examiners
shall require applicants to submit fingerprints to the
Missouri state highway patrol for the purpose of conducting
a state and federal fingerprint -based criminal history
background check.
2. The state board of chiropractic examiners may
require that such fingerprint submissions be made as part of
an application seeking licensure to engage in the practice
of chiropractic, as such term is defined in section 331.010.
3. The fingerprints and any required fees shall be
sent to the Missouri state highway patrol's central
repository. The fingerprints shall be used for searching
the state criminal records repository a nd shall also be
forwarded to the Federal Bureau of Investigation for a
federal criminal records search under section 43.540. The
Missouri state highway patrol shall notify the state board
of chiropractic examiners of any criminal history record
information or lack of criminal history record information
discovered on the individual. Notwithstanding the
provisions of section 610.120 to the contrary, all records
related to any criminal history information discovered shall
be accessible and availabl e to the state board of
chiropractic examiners.
332.015. 1. The Missouri dental board shall require
applicants to submit fingerprints to the Missouri state
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highway patrol for the purpose of conducting a state and
federal fingerprint-based criminal history background check.
2. The Missouri dental board may require that such
fingerprint submissions be made as part of an application
seeking licensure as a dentist, a dental specialist, a
volunteer dentist, a temporary dentist, a d ental hygienist,
or a volunteer dental hygienist, a limited dental teaching
license, and a dental faculty permit, as provided in
sections 332.091, 332.112, 332.113, 332.171, 332.181,
332.183, 332.201, and 332.425.
3. The fingerprints and any requ ired fees shall be
sent to the Missouri state highway patrol's central
repository. The fingerprints shall be used for searching
the state criminal records repository and shall also be
forwarded to the Federal Bureau of Investigation for a
federal criminal records search under section 43.540. The
Missouri state highway patrol shall notify the Missouri
dental board of any criminal history record information or
lack of criminal history record information discovered on
the individual. Notwithstanding the provisions of section
610.120 to the contrary, all records related to any criminal
history information discovered shall be accessible and
available to the Missouri dental board.
334.015. 1. The state board of registration for the
healing arts shall require applicants to submit fingerprints
to the Missouri state highway patrol for the purpose of
conducting a state and federal fingerprint -based criminal
history background check.
2. The state board of registration for the h ealing
arts may require that such fingerprint submissions be made
as part of an application for a permanent license, temporary
license, or limited license as a physician and assistant
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physician, as provided in sections 334.035, 334.036,
334.045, 334.046, and 334.112.
3. The fingerprints and any required fees shall be
sent to the Missouri state highway patrol's central
repository. The fingerprints shall be used for searching
the state criminal records repository and shall also be
forwarded to the Federal Bureau of Investigation for a
federal criminal records search under section 43.540. The
Missouri state highway patrol shall notify the state board
of registration for the healing arts of any criminal history
record information or lack of criminal history record
information discovered on the individual. Notwithstanding
the provisions of section 610.120 to the contrary, all
records related to any criminal history information
discovered shall be accessible and available to the state
board of registration for the healing arts.
334.403. 1. The state board of registration for the
healing arts shall require applicants to submit fingerprints
to the Missouri state highway patrol for the purpose of
conducting a state and fe deral fingerprint-based criminal
history background check.
2. The state board of registration for the healing
arts may require that such fingerprint submissions be made
as part of an application seeking licensure as an
anesthesiologist assistant, as such term is defined in
section 334.400, or a temporary license to practice as an
anesthesiologist assistant, as provided in section 334.406.
3. The fingerprints and any required fees shall be
sent to the Missouri state highway patrol's centra l
repository. The fingerprints shall be used for searching
the state criminal records repository and shall also be
forwarded to the Federal Bureau of Investigation for a
federal criminal records search under section 43.540. The
22
Missouri state highwa y patrol shall notify the state board
of registration for the healing arts of any criminal history
record information or lack of criminal history record
information discovered on the individual. Notwithstanding
the provisions of section 610.120 to the contrary, all
records related to any criminal history information
discovered shall be accessible and available to the state
board of registration for the healing arts.
334.501. 1. The state board of registration for the
healing arts shall require applicants to submit fingerprints
to the Missouri state highway patrol for the purpose of
conducting a state and federal fingerprint -based criminal
history background check.
2. The state board of registration for the healing
arts may require that such fingerprint submissions be made
as part of an application seeking a license or temporary
license as a physical therapist or physical therapist
assistant, as such terms are defined in section 334.500 and
as provided in section 334.55 0.
3. The fingerprints and any required fees shall be
sent to the Missouri state highway patrol's central
repository. The fingerprints shall be used for searching
the state criminal records repository and shall also be
forwarded to the Federal B ureau of Investigation for a
federal criminal records search under section 43.540. The
Missouri state highway patrol shall notify the state board
of registration for the healing arts of any criminal history
record information or lack of criminal histo ry record
information discovered on the individual. Notwithstanding
the provisions of section 610.120 to the contrary, all
records related to any criminal history information
discovered shall be accessible and available to the state
board of registration for the healing arts.
23
334.701. 1. The state board of registration for the
healing arts shall require applicants to submit fingerprints
to the Missouri state highway patrol for the purpose of
conducting a state and federal fingerpr int-based criminal
history background check.
2. The state board of registration for the healing
arts may require that such fingerprint submissions be made
as part of an application seeking licensure as an athletic
trainer, as such term is defined in section 334.702.
3. The fingerprints and any required fees shall be
sent to the Missouri state highway patrol's central
repository. The fingerprints shall be used for searching
the state criminal records repository and shall also be
forwarded to the Federal Bureau of Investigation for a
federal criminal records search under section 43.540. The
Missouri state highway patrol shall notify the state board
of registration for the healing arts of any criminal history
record information or lack of criminal history record
information discovered on the individual. Notwithstanding
the provisions of section 610.120 to the contrary, all
records related to any criminal history information
discovered shall be accessible and available to the state
board of registration for the healing arts.
334.739. 1. The state board of registration for the
healing arts shall require applicants to submit fingerprints
to the Missouri state highway patrol for the purpose of
conducting a state an d federal fingerprint -based criminal
history background check.
2. The state board of registration for the healing
arts may require that such fingerprint submissions be made
as part of an application seeking a license or temporary
license as a physician assistant, as such term is defined in
section 334.735 and as provided in section 334.736.
24
3. The fingerprints and any required fees shall be
sent to the Missouri state highway patrol's central
repository. The fingerprints shall be used for searching
the state criminal records repository and shall also be
forwarded to the Federal Bureau of Investigation for a
federal criminal records search under section 43.540. The
Missouri state highway patrol shall notify the state board
of registration for the healing arts of any criminal history
record information or lack of criminal history record
information discovered on the individual. Notwithstanding
the provisions of section 610.120 to the contrary, all
records related to any criminal hi story information
discovered shall be accessible and available to the state
board of registration for the healing arts.
334.805. 1. The Missouri board for respiratory care
shall require applicants to submit fingerprints to the
Missouri state highway patrol for the purpose of conducting
a state and federal fingerprint -based criminal history
background check.
2. The Missouri board for respiratory care may require
that such fingerprint submissions be made as part of an
application seeking licensure as a respiratory care
practitioner, an educational permit to practice respiratory
care, or a temporary permit to practice respiratory care, as
such terms are defined in section 334.800 and as provided in
section 334.890.
3. The fingerprints and any required fees shall be
sent to the Missouri state highway patrol's central
repository. The fingerprints shall be used for searching
the state criminal records repository and shall also be
forwarded to the Federal Bureau of Inve stigation for a
federal criminal records search under section 43.540. The
Missouri state highway patrol shall notify the Missouri
25
board for respiratory care of any criminal history record
information or lack of criminal history record information
discovered on the individual. Notwithstanding the
provisions of section 610.120 to the contrary, all records
related to any criminal history information discovered shall
be accessible and available to the Missouri board for
respiratory care.
335.022. 1. The state board of nursing shall require
applicants to submit fingerprints to the Missouri state
highway patrol for the purpose of conducting a state and
federal fingerprint-based criminal history background check
for employment purpo ses with the state board of nursing.
2. The fingerprints and any required fees shall be
sent to the Missouri state highway patrol's central
repository. The fingerprints shall be used for searching
the state criminal records repository and shall a lso be
forwarded to the Federal Bureau of Investigation for a
federal criminal records search under section 43.540. The
Missouri state highway patrol shall notify the state board
of nursing of any criminal history record information or
lack of criminal history record information discovered on
the individual. Notwithstanding the provisions of section
610.120 to the contrary, all records related to any criminal
history information discovered shall be accessible and
available to the state board of n ursing.
335.042. 1. The state board of nursing shall require
nursing applicants to submit fingerprints to the Missouri
state highway patrol for the purpose of conducting a state
and federal fingerprint -based criminal history background
check.
2. The state board of nursing may require that such
fingerprint submissions be made as part of an application
seeking licensure to practice as a registered nurse,
26
practical nurse, and advanced practice registered nurse, as
such terms are defined in section 335.016.
3. The fingerprints and any required fees shall be
sent to the Missouri state highway patrol's central
repository. The fingerprints shall be used for searching
the state criminal records repository and shall also be
forwarded to the Federal Bureau of Investigation for a
federal criminal records search under section 43.540. The
Missouri state highway patrol shall notify the state board
of nursing of any criminal history record information or
lack of criminal histo ry record information discovered on
the individual. Notwithstanding the provisions of section
610.120 to the contrary, all records related to any criminal
history information discovered shall be accessible and
available to the state board of nursing.
336.025. 1. The state board of optometry shall
require applicants to submit fingerprints to the Missouri
state highway patrol for the purpose of conducting a state
and federal fingerprint -based criminal history background
check.
2. The state board of optometry may require that such
fingerprint submissions be made as part of an application
seeking licensure to practice as an optometrist, as provided
in sections 336.010 and 336.030.
3. The fingerprints and any required fe es shall be
sent to the Missouri state highway patrol's central
repository. The fingerprints shall be used for searching
the state criminal records repository and shall also be
forwarded to the Federal Bureau of Investigation for a
federal criminal records search under section 43.540. The
Missouri state highway patrol shall notify the state board
of optometry of any criminal history record information or
lack of criminal history record information discovered on
27
the individual. Notwithstanding the provisions of section
610.120 to the contrary, all records related to any criminal
history information discovered shall be accessible and
available to the state board of optometry.
337.018. 1. The state committee of psychologists
shall require applicants to submit fingerprints to the
Missouri state highway patrol for the purpose of conducting
a state and federal fingerprint -based criminal history
background check.
2. The state committee of psychologists may require
that such fingerprint submissions be made as part of an
application seeking licensure as a licensed psychologist,
provisional licensed psychologist, and temporary license for
a licensed psychologist.
3. The fingerprints and any required fees shall be
sent to the Missouri state highway patrol's central
repository. The fingerprints shall be used for searching
the state criminal records repository and shall also be
forwarded to the Federal Bureau of Investigation for a
federal criminal records search un der section 43.540. The
Missouri state highway patrol shall notify the state
committee of psychologists of any criminal history record
information or lack of criminal history record information
discovered on the individual. Notwithstanding the
provisions of section 610.120 to the contrary, all records
related to any criminal history information discovered shall
be accessible and available to the state committee of
psychologists.
337.308. 1. The behavior analyst advisory board sha ll
require applicants to submit fingerprints to the Missouri
state highway patrol for the purpose of conducting a state
and federal fingerprint -based criminal history background
check.
28
2. The behavior analyst advisory board may require
that such fingerprint submissions be made as part of an
application seeking licensure, provisional licensure, or
temporary licensure as a licensed behavior analyst or a
licensed assistant behavior analyst, as such terms are
defined in section 337.300.
3. The fingerprints and any required fees shall be
sent to the Missouri state highway patrol's central
repository. The fingerprints shall be used for searching
the state criminal records repository and shall also be
forwarded to the Federal Bureau of Inv estigation for a
federal criminal records search under section 43.540. The
Missouri state highway patrol shall notify the behavior
analyst advisory board of any criminal history record
information or lack of criminal history record information
discovered on the individual. Notwithstanding the
provisions of section 610.120 to the contrary, all records
related to any criminal history information discovered shall
be accessible and available to the behavior analyst advisory
board.
337.501. 1. The committee for professional counselors
shall require applicants to submit fingerprints to the
Missouri state highway patrol for the purpose of conducting
a state and federal fingerprint -based criminal history
background check.
2. The committee for professional counselors may
require that such fingerprint submissions be made as part of
an application seeking licensure as a licensed professional
counselor and provisional licensed professional counselor,
as defined in section 337.50 0.
3. The fingerprints and any required fees shall be
sent to the Missouri state highway patrol's central
repository. The fingerprints shall be used for searching
29
the state criminal records repository and shall also be
forwarded to the Federal B ureau of Investigation for a
federal criminal records search under section 43.540. The
Missouri state highway patrol shall notify the committee for
professional counselors of any criminal history record
information or lack of criminal history record i nformation
discovered on the individual. Notwithstanding the
provisions of section 610.120 to the contrary, all records
related to any criminal history information discovered shall
be accessible and available to the committee for
professional counsel ors.
337.605. 1. The state committee for social workers
shall require applicants to submit fingerprints to the
Missouri state highway patrol for the purpose of conducting
a state and federal fingerprint -based criminal history
background check.
2. The state committee for social workers may require
that such fingerprint submissions be made as part of an
application seeking a license or a temporary permit to
practice as a licensed clinical social worker, licensed
advanced macro social worker, licensed master social worker,
and licensed baccalaureate social worker, as such terms are
defined in section 337.600 and as provided in section
337.621.
3. The fingerprints and any required fees shall be
sent to the Missouri state highway patrol's central
repository. The fingerprints shall be used for searching
the state criminal records repository and shall also be
forwarded to the Federal Bureau of Investigation for a
federal criminal records search under section 43.540. The
Missouri state highway patrol shall notify the state
committee for social workers of any criminal history record
information or lack of criminal history record information
30
discovered on the individual. Notwithstanding the
provisions of section 610. 120 to the contrary, all records
related to any criminal history information discovered shall
be accessible and available to the state committee for
social workers.
337.702. 1. The state committee of marital and family
therapists shall require applicants to submit fingerprints
to the Missouri state highway patrol for the purpose of
conducting a state and federal fingerprint -based criminal
history background check.
2. The state committee of marital and family
therapists may require that such fingerprint submissions be
made as part of an application seeking licensure as a
licensed marital and family therapist or provisional
licensed marital and family therapist as such terms are
defined in section 337.700.
3. The fingerprints and any required fees shall be
sent to the Missouri state highway patrol's central
repository. The fingerprints shall be used for searching
the state criminal records repository and shall also be
forwarded to the Federal Bureau of Investigatio n for a
federal criminal records search under section 43.540. The
Missouri state highway patrol shall notify the state
committee of marital and family therapists of any criminal
history record information or lack of criminal history
record information discovered on the individual.
Notwithstanding the provisions of section 610.120 to the
contrary, all records related to any criminal history
information discovered shall be accessible and available to
the state committee of marital and family therap ists.
338.052. 1. The board of pharmacy shall require
applicants to submit fingerprints to the Missouri state
31
highway patrol for the purpose of conducting a state and
federal fingerprint-based criminal history background check.
2. The board of pharmacy may require that such
fingerprint submissions be made as part of an application
seeking a license to practice pharmacy as a pharmacist, a
certificate of registration as a pharmacy technician, a
license as an intern pharmacist, a license as a wholesale
drug distributor, a license as a third -party logistics
provider, a temporary license as a pharmacist, a permit for
the practice of pharmacy to be conducted at a pharmacy, and
a license as a drug outsourcer, as provided in sectio ns
338.010, 338.013, 338.035, 338.043, 338.050, 338.210, and
338.330, and a manager -in-charge, wholesale drug distributor
facility manager, third -party logistics provider facility
manager, wholesale drug distributor facility owner, or third -
party logistics provider facility owner, as such terms are
defined in subsection 4 of this section.
3. The fingerprints and any required fees shall be
sent to the Missouri state highway patrol's central
repository. The fingerprints shall be used for search ing
the state criminal records repository and shall also be
forwarded to the Federal Bureau of Investigation for a
federal criminal records search under section 43.540. The
Missouri state highway patrol shall notify the board of
pharmacy of any crimi nal history record information or lack
of criminal history record information discovered on the
individual. Notwithstanding the provisions of section
610.120 to the contrary, all records related to any criminal
history information discovered shall be accessible and
available to the board of pharmacy.
4. For purposes of this section, the following terms
mean:
32
(1) "Manager-in-charge", a person who directly
supervises a licensed wholesale drug distributor or a third -
party logistics provide r, as such terms are defined in
section 338.330, and whose fingerprints are required by
federal or state law for licensure of a wholesale drug
distributor facility or third -party logistics provider
facility;
(2) "Third-party logistics provider fa cility manager",
a person who is a manager and direct supervisor of a
licensed third-party logistics provider, as such term is
defined in section 338.330, and whose fingerprints are
required by federal or state law for licensure of a third -
party logistics provider facility;
(3) "Third-party logistics provider facility owner", a
person who is an owner with greater than ten percent
ownership interest of a licensed third -party logistics
provider, as such term is defined in section 338.330, and
whose fingerprints are required by federal or state law for
licensure of a third -party logistics provider facility;
(4) "Wholesale drug distributor facility manager", a
person who is a manager of a wholesale drug distributor, as
such term is defined in section 338.330, and whose
fingerprints are required by federal or state law for
licensure of a wholesale drug distributor facility;
(5) "Wholesale drug distributor facility owner", a
person who is an owner with greater than ten percent
ownership interest of a licensed wholesale drug distributor,
as such term is defined in section 338.330, and whose
fingerprints are required by federal or state law for
licensure of a wholesale drug distributor facility.
339.015. 1. The Missouri real estate commission shall
require applicants to submit fingerprints to the Missouri
state highway patrol for the purpose of conducting a state
33
and federal fingerprint -based criminal history background
check.
2. The Missouri real estate commission may require
that such fingerprint submissions be made as part of an
application seeking licensure as a real estate broker, real
estate salesperson, and real estate broker -salesperson, as
such terms are defined in section 339.010 and as provi ded in
sections 339.030 and 339.040.
3. The fingerprints and any required fees shall be
sent to the Missouri state highway patrol's central
repository. The fingerprints shall be used for searching
the state criminal records repository and shall also be
forwarded to the Federal Bureau of Investigation for a
federal criminal records search under section 43.540. The
Missouri state highway patrol shall notify the Missouri real
estate commission of any criminal history record information
or lack of criminal history record information discovered on
the individual. Notwithstanding the provisions of section
610.120 to the contrary, all records related to any criminal
history information discovered shall be accessible and
available to the Missou ri real estate commission.
339.510. 1. The Missouri real estate appraisers
commission shall require applicants to submit fingerprints
to the Missouri state highway patrol for the purpose of
conducting a state and federal fingerprint -based criminal
history background check.
2. The Missouri real estate appraisers commission may
require that such fingerprint submissions be made as part of
an application seeking licensure as a certified residential
appraiser, a certified residenti al appraiser trainee, a
certified general appraiser, a certified general appraiser
trainee, a licensed appraiser, a licensed appraiser trainee,
an appraisal management company, a controlling person of an
34
appraisal management company, and an owner of an appraisal
management company.
3. The fingerprints and any required fees shall be
sent to the Missouri state highway patrol's central
repository. The fingerprints shall be used for searching
the state criminal records repository and shall also b e
forwarded to the Federal Bureau of Investigation for a
federal criminal records search under section 43.540. The
Missouri state highway patrol shall notify the Missouri real
estate appraisers commission of any criminal history record
information or lack of criminal history record information
discovered on the individual. Notwithstanding the
provisions of section 610.120 to the contrary, all records
related to any criminal history information discovered shall
be accessible and available to the M issouri real estate
appraisers commission.
4. For purposes of this section, the following terms
mean:
(1) "Appraisal management company", a person that
utilizes an appraisal panel and performs appraisal
management services, as defined in su bdivision (2) of this
subsection, and who has met the qualifications for licensure
as set forth in 20 CSR 2245 -10.010 and 10.040;
(2) "Appraisal management services", to perform any of
the following functions on behalf of a lender, financial
institution, client, or any other person:
(a) Administer an appraiser panel;
(b) Recruit, qualify, verify licensing or
certification, and negotiate fees and service level
expectations with persons who are part of an appraiser panel;
(c) Receive an order for an appraisal from one person
and deliver the order for the appraisal to an appraiser that
is part of an appraiser panel for completion;
35
(d) Track and determine the status of orders for
appraisals performed by appraisers who are p art of an
appraisal panel;
(e) Conduct quality control of a completed appraisal
performed by an appraiser who is part of an appraisal panel
prior to the delivery of the appraisal to the person who
ordered the appraisal; and
(f) Provide a completed appraisal performed by an
appraiser who is part of an appraisal panel to one or more
persons who have ordered an appraisal;
(3) "Certified general appraiser", an individual who
is qualified by education, experience, and examination to
appraise any real property pursuant to 20 CSR 2245 -9 and
whose fingerprints are required for licensure pursuant to 20
CSR 2245-3.010 and 12 CFR Chapter XI;
(4) "Certified general appraiser trainee", an
individual who, under supervision, is qualified to appraise
certain real property pursuant to 20 CSR 2245 -9 and whose
fingerprints are required for licensure pursuant to 20 CSR
2245-6.017(3) and 12 CFR Chapter XI;
(5) "Certified residential appraiser", an individual
who is qualified by educati on, experience, and examination
to appraise certain real property pursuant to 20 CSR 2245 -9
and whose fingerprints are required for licensure pursuant
to 20 CSR 2245-3.010 and 12 CFR Chapter XI;
(6) "Certified residential appraiser trainee", an
individual who, under supervision, is qualified to appraise
certain real property pursuant to 20 CSR 2245 -9 and whose
fingerprints are required for licensure pursuant to 20 CSR
2245-6.017(3) and 12 CFR Chapter XI;
(7) "Controlling person of an appr aisal management
company":
(a) An owner of an appraisal management company;
36
(b) An individual employed, appointed, or authorized
by an appraisal management company that has the authority to
enter into a contractual relationship with other pe rsons for
the performance of appraisal management services and has the
authority to enter into agreements with appraisers for the
performance of appraisals; or
(c) An individual who possesses the power to direct or
cause the direction of the mana gement or policies of an
appraisal management company whose fingerprints are required
for licensure pursuant to 20 CSR 2245 -10.010 and 12 CFR
Chapter XI;
(8) "Owner of an appraisal management company", a
person who owns ten percent or more of a l icensed appraisal
management company and whose fingerprints are required for
licensure pursuant to 20 CSR 2245 -10.010 and 12 CFR Chapter
XI;
(9) "State-licensed appraiser", an individual who is
qualified by education, experience, and examination to
appraise certain real property pursuant to 20 CSR 2245 -9 and
whose fingerprints are required for licensure pursuant to 20
CSR 2245-3.010 and 12 CFR Chapter XI;
(10) "State-licensed appraiser trainee", an individual
who, under supervision, is q ualified to appraise certain
real property pursuant to 20 CSR 2245 -9 and whose
fingerprints are required for licensure pursuant to 20 CSR
2245-6.017(3) and 12 CFR Chapter XI.
345.016. 1. The state board of registration for the
healing arts shall require applicants to submit fingerprints
to the Missouri state highway patrol for the purpose of
conducting a state and federal fingerprint -based criminal
history background check.
2. The state board of registration for the healing
arts may require that such fingerprint submissions be made
37
as part of an application seeking a license, as described in
section 345.020, or provisional license, as described in
section 345.021, as an audiologist, an audiology aide, a
speech-language pathologist, a speech-language pathology
aide, and a speech-language pathology assistant, as such
terms are defined in section 345.015.
3. The fingerprints and any required fees shall be
sent to the Missouri state highway patrol's central
repository. The fingerprints shall be used for searching
the state criminal records repository and shall also be
forwarded to the Federal Bureau of Investigation for a
federal criminal records search under section 43.540. The
Missouri state highway patrol shal l notify the state board
of registration for the healing arts of any criminal history
record information or lack of criminal history record
information discovered on the individual. Notwithstanding
the provisions of section 610.120 to the contrary, al l
records related to any criminal history information
discovered shall be accessible and available to the state
board of registration for the healing arts.
374.711. 1. The department of commerce and insurance
shall require applicants for a license, and may require
applicants for renewal of a license, to submit fingerprints
to the Missouri state highway patrol for the purpose of
conducting a state and federal fingerprint -based criminal
history background check.
2. The department may require that such fingerprint
submissions be made as part of an application seeking a
license, or renewal of a license, for a general bail bond
agent, a bail bond agent, or a surety recovery agent, as
such terms are defined in section 374.700.
3. The fingerprints and any required fees shall be
sent to the Missouri state highway patrol's central
38
repository. The fingerprints shall be used for searching
the state criminal records repository and shall also be
forwarded to the Federal Burea u of Investigation for a
federal criminal records search under section 43.540. The
Missouri state highway patrol shall notify the department of
any criminal history record information or lack of criminal
history record information discovered on the in dividual.
Notwithstanding the provisions of section 610.120 to the
contrary, all records related to any criminal history
information discovered shall be accessible and available to
the department.
436.225. 1. The director of the divi sion of
professional registration shall require applicants to submit
fingerprints to the Missouri state highway patrol for the
purpose of conducting a state and federal fingerprint -based
criminal history background check.
2. The director of the d ivision of professional
registration may require that such fingerprint submissions
be made as part of an application seeking licensure as an
athlete agent.
3. The fingerprints and any required fees shall be
sent to the Missouri state highway patr ol's central
repository. The fingerprints shall be used for searching
the state criminal records repository and shall also be
forwarded to the Federal Bureau of Investigation for a
federal criminal records search under section 43.540. The
Missouri state highway patrol shall notify the director of
the division of professional registration of any criminal
history record information or lack of criminal history
record information discovered on the individual.
Notwithstanding the provisions of sectio n 610.120 to the
contrary, all records related to any criminal history
39
information discovered shall be accessible and available to
the director of the division of professional registration.
4. For purposes of this section, the term "athlete
agent" means an individual who:
(1) Recruits or solicits a student athlete to enter
into an agency contract or, for compensation, procures
employment or offers, promises, attempts, or negotiates to
obtain employment for a student athlete as a professio nal
athlete or member of a professional sports team or
organization;
(2) For compensation or in anticipation of
compensation related to a student athlete's participation in
athletics:
(a) Serves the student athlete in an advisory capacity
on a matter related to finances, business pursuits, or
career management decisions, unless the individual is an
employee of an educational institution acting exclusively as
an employee of the educational institution for the benefit
of the educational i nstitution; or
(b) Manages the business affairs of the student
athlete by providing assistance with bills, payments,
contracts, or taxes; or
(3) In anticipation of representing a student athlete
for a purpose related to the student athlete's participation
in athletics:
(a) Gives consideration to the student athlete or
another person;
(b) Serves the student athlete in an advisory capacity
on a matter related to finances, business pursuits, or
career management decisions; or
(c) Manages the business affairs of the student
athlete by providing assistance with bills, payments,
contracts, or taxes;
40
443.702. 1. The division of finance shall require
applicants to submit fingerprints to the Missouri state
highway patrol for the purpose of conducting a state and
federal fingerprint-based criminal history background check.
2. The division of finance may require that such
fingerprint submissions be made as part of an application
seeking licensure to act as a residential mortgage loan
broker or a mortgage loan broker.
3. The fingerprints and any required fees shall be
sent to the Missouri state highway patrol's central
repository. The fingerprints shall be used for searching
the state criminal records repository and shall also be
forwarded to the Federal Bureau of Investigation for a
federal criminal records search under section 43.540. The
Missouri state highway patrol shall notify the division of
finance of any criminal history record inf ormation or lack
of criminal history record information discovered on the
individual. Notwithstanding the provisions of section
610.120 to the contrary, all records related to any criminal
history information discovered shall be accessible and
available to the division of finance.
4. For purposes of this section, the following terms
mean:
(1) "Mortgage loan originator", an individual who for
compensation or gain or in the expectation of compensation
or gain takes a residential mortgage loan application, or
offers or negotiates terms of a residential mortgage loan.
Mortgage loan originator does not include:
(a) An individual engaged solely as a loan processor
or underwriter except as otherwise provided in sections
443.701 to 443.893;
(b) A person that only performs real estate brokerage
activities and is licensed or registered in accordance with
41
the law of this state, unless the person is compensated by a
lender, a mortgage broker, or other mortgage loan originator
or by any agent of such lender, mortgage broker, or other
mortgage loan originator;
(c) A person solely involved in extensions of credit
relating to time-share plans, as the term time -share plans
is defined in 11 U.S.C. Section 101(53D);
(d) An individual who is servicing a mortgage loan; and
(e) A person employed by a licensed mortgage broker or
loan originator who accepts or receives residential mortgage
loan applications;
(2) "Residential mortgage loan broker", any person,
other than an exempt person, engaged in the business of
brokering, funding, servicing, or purchasing residential
mortgage loans.
484.125. 1. The Missouri supreme court shall submit
fingerprints to the Missouri state highway patrol for the
purpose of conducting a state and federal fingerprint -based
criminal history background check on applicants for
admission or reinstatement to the Missouri Bar.
2. The Missouri supreme court may require that such
fingerprint submissions be made as part of an application of
licensure for admission or reinstatement to the Missouri Bar
in order to engage in the practice of law or law business,
as such terms are defined in section 484.010.
3. The fingerprints and any required fees shall be
sent to the Missouri state highway patrol's central
repository. The fingerprints shall be used for searching
the state criminal records repository and shall also be
forwarded to the Federal Bureau of Investigation for a
federal criminal records search u nder section 43.540. The
Missouri state highway patrol shall notify the Missouri
supreme court of any criminal history record information or
42
lack of criminal history record information discovered on
the individual. Notwithstanding the provisions of s ection
610.120 to the contrary, all records related to any criminal
history information discovered shall be accessible and
available to the Missouri supreme court.
640.011. 1. The department of natural resources shall
require applicants to submit fingerprints to the Missouri
state highway patrol for the purpose of conducting a state
and federal fingerprint -based criminal history background
check.
2. The department of natural resources may require
that such fingerprint submiss ion be made as part of an
application seeking employment or to volunteer with the
department of natural resources.
3. The fingerprints and any required fees shall be
sent to the Missouri state highway patrol's central
repository. The fingerprints shall be used for searching
the state criminal records repository and shall also be
forwarded to the Federal Bureau of Investigation for a
federal criminal records search under section 43.540. The
Missouri state highway patrol shall notify the depar tment of
natural resources of any criminal history record information
or lack of criminal history record information discovered on
the individual. Notwithstanding the provisions of section
610.120 to the contrary, all records related to any criminal
history information discovered shall be accessible and
available to the department of natural resources.