Missouri 2025 Regular Session

Missouri Senate Bill SB287 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
3	3	and is intended to be omitted in the law.
4	4	FIRST REGULAR SESSION
5	5	SENATE BILL NO. 287
6	6	103RD GENERAL ASSEMBLY
7	7	INTRODUCED BY SENATOR MCCREERY.
8	8	0935S.02I KRISTINA MARTIN, Secretary
9	9	AN ACT
10	10	To repeal sections 324.001, 324.028, 324.400, 324.402, 324.403, 324.406, 324.409, 324.412,
11	11	324.415, 324.418, 324.421, 324.424, 324.427, 324.430, 324.433, 324.436, 324.439,
12	12	327.011, 327.031, 327.041, 327.081, 327.381, 327.411, 327.441, 327.442, 327.451,
13	13	537.033, and 621.045, RSMo, and to enact in lieu thereof twenty-four new sections
14	14	relating to interior designers, with penalty provisions.
15	15
16	16	Be it enacted by the General Assembly of the State of Missouri, as follows:
17	17	Section A. Sections 324.001, 324.028, 324.400, 324.402, 1
18	18	324.403, 324.406, 324.409, 324.412, 324.415, 324.418, 324.421, 2
19	19	324.424, 324.427, 324.430, 324.433, 32 4.436, 324.439, 327.011, 3
20	20	327.031, 327.041, 327.081, 327.381, 327.411, 327.441, 327.442, 4
21	21	327.451, 537.033, and 621.045, RSMo, are repealed and twenty -5
22	22	four new sections enacted in lieu thereof, to be known as 6
23	23	sections 324.001, 324.028, 327.011, 327.031, 327. 041, 327.081, 7
24	24	327.381, 327.411, 327.441, 327.442, 327.451, 327.700, 327.705, 8
25	25	327.710, 327.715, 327.720, 327.725, 327.730, 327.735, 327.740, 9
26	26	327.745, 327.750, 537.033, and 621.045, to read as follows:10
27	27	324.001. 1. For the purposes of this section, th e 1
28	28	following terms mean: 2
29	29	(1) "Department", the department of commerce and 3
30	30	insurance; 4
31	31	(2) "Director", the director of the division of 5
32	32	professional registration; and 6
33	33	(3) "Division", the division of professional 7
34	34	registration. 8 SB 287 2
35	35	2. There is hereby established a "Division of 9
36	36	Professional Registration" assigned to the department of 10
37	37	commerce and insurance as a type III transfer, headed by a 11
38	38	director appointed by the governor with the advice and 12
39	39	consent of the senate. All of the general provisions, 13
40	40	definitions and powers enumerated in section 1 of the 14
41	41	Omnibus State Reorganization Act of 1974 and Executive Order 15
42	42	06-04 shall apply to this department and its divisions, 16
43	43	agencies, and personnel. 17
44	44	3. The director of the division of p rofessional 18
45	45	registration shall promulgate rules and regulations which 19
46	46	designate for each board or commission assigned to the 20
47	47	division the renewal date for licenses or certificates. 21
48	48	After the initial establishment of renewal dates, no 22
49	49	director of the division shall promulgate a rule or 23
50	50	regulation which would change the renewal date for licenses 24
51	51	or certificates if such change in renewal date would occur 25
52	52	prior to the date on which the renewal date in effect at the 26
53	53	time such new renewal date is specif ied next occurs. Each 27
54	54	board or commission shall by rule or regulation establish 28
55	55	licensing periods of one, two, or three years. Registration 29
56	56	fees set by a board or commission shall be effective for the 30
57	57	entire licensing period involved, and shall not b e increased 31
58	58	during any current licensing period. Persons who are 32
59	59	required to pay their first registration fees shall be 33
60	60	allowed to pay the pro rata share of such fees for the 34
61	61	remainder of the period remaining at the time the fees are 35
62	62	paid. Each board or commission shall provide the necessary 36
63	63	forms for initial registration, and thereafter the director 37
64	64	may prescribe standard forms for renewal of licenses and 38
65	65	certificates. Each board or commission shall by rule and 39
66	66	regulation require each applicant to provide the information 40 SB 287 3
67	67	which is required to keep the board's records current. Each 41
68	68	board or commission shall have the authority to collect and 42
69	69	analyze information required to support workforce planning 43
70	70	and policy development. Such information shall not be 44
71	71	publicly disclosed so as to identify a specific health care 45
72	72	provider, as defined in section 376.1350. Each board or 46
73	73	commission shall issue the original license or certificate. 47
74	74	4. The division shall provide clerical and other staff 48
75	75	services relating to the issuance and renewal of licenses 49
76	76	for all the professional licensing and regulating boards and 50
77	77	commissions assigned to the division. The division shall 51
78	78	perform the financial management and clerical functions as 52
79	79	they each relate to issuance and renewal of licenses and 53
80	80	certificates. "Issuance and renewal of licenses and 54
81	81	certificates" means the ministerial function of preparing 55
82	82	and delivering licenses or certificates, and obtaining 56
83	83	material and information for the board or commis sion in 57
84	84	connection with the renewal thereof to include verifying if 58
85	85	the applicant has submitted all required documentation and 59
86	86	that the documentation is legible. It does not include any 60
87	87	discretionary authority with regard to the original review 61
88	88	of an applicant's qualifications for licensure or 62
89	89	certification, or the subsequent review of licensee's or 63
90	90	certificate holder's qualifications, or any disciplinary 64
91	91	action contemplated against the licensee or certificate 65
92	92	holder. The division may develop and implement microfilming 66
93	93	systems and automated or manual management information 67
94	94	systems. 68
95	95	5. The director of the division shall maintain a 69
96	96	system of accounting and budgeting, in cooperation with the 70
97	97	director of the department, the office of adminis tration, 71
98	98	and the state auditor's office, to ensure proper charges are 72 SB 287 4
99	99	made to the various boards for services rendered to them. 73
100	100	The general assembly shall appropriate to the division and 74
101	101	other state agencies from each board's funds moneys 75
102	102	sufficient to reimburse the division and other state 76
103	103	agencies for all services rendered and all facilities and 77
104	104	supplies furnished to that board. 78
105	105	6. For accounting purposes, the appropriation to the 79
106	106	division and to the office of administration for the payment 80
107	107	of rent for quarters provided for the division shall be made 81
108	108	from the "Professional Registration Fees Fund", which is 82
109	109	hereby created, and is to be used solely for the purpose 83
110	110	defined in subsection 5 of this section. The fund shall 84
111	111	consist of moneys deposited into it from each board's fund. 85
112	112	Each board shall contribute a prorated amount necessary to 86
113	113	fund the division for services rendered and rent based upon 87
114	114	the system of accounting and budgeting established by the 88
115	115	director of the division as prov ided in subsection 5 of this 89
116	116	section. Transfers of funds to the professional 90
117	117	registration fees fund shall be made by each board on July 91
118	118	first of each year; provided, however, that the director of 92
119	119	the division may establish an alternative date or dates of 93
120	120	transfers at the request of any board. Such transfers shall 94
121	121	be made until they equal the prorated amount for services 95
122	122	rendered and rent by the division. The provisions of 96
123	123	section 33.080 to the contrary notwithstanding, money in 97
124	124	this fund shall not be transferred and placed to the credit 98
125	125	of general revenue. 99
126	126	7. The director of the division shall be responsible 100
127	127	for collecting and accounting for all moneys received by the 101
128	128	division or its component agencies. Any money received by a 102
129	129	board or commission shall be promptly given, identified by 103
130	130	type and source, to the director. The director shall keep a 104 SB 287 5
131	131	record by board and state accounting system classification 105
132	132	of the amount of revenue the director receives. The 106
133	133	director shall promptly tran smit all receipts to the 107
134	134	department of revenue for deposit in the state treasury to 108
135	135	the credit of the appropriate fund. The director shall 109
136	136	provide each board with all relevant financial information 110
137	137	in a timely fashion. Each board shall cooperate with the 111
138	138	director by providing necessary information. 112
139	139	8. All educational transcripts, test scores, 113
140	140	complaints, investigatory reports, and information 114
141	141	pertaining to any person who is an applicant or licensee of 115
142	142	any agency assigned to the division of p rofessional 116
143	143	registration by statute or by the department are 117
144	144	confidential and may not be disclosed to the public or any 118
145	145	member of the public, except with the written consent of the 119
146	146	person whose records are involved. The agency which 120
147	147	possesses the records or information shall disclose the 121
148	148	records or information if the person whose records or 122
149	149	information is involved has consented to the disclosure. 123
150	150	Each agency is entitled to the attorney -client privilege and 124
151	151	work-product privilege to the same exten t as any other 125
152	152	person. Provided, however, that any board may disclose 126
153	153	confidential information without the consent of the person 127
154	154	involved in the course of voluntary interstate exchange of 128
155	155	information, or in the course of any litigation concerning 129
156	156	that person, or pursuant to a lawful request, or to other 130
157	157	administrative or law enforcement agencies acting within the 131
158	158	scope of their statutory authority. Information regarding 132
159	159	identity, including names and addresses, registration, and 133
160	160	currency of the license of the persons possessing licenses 134
161	161	to engage in a professional occupation and the names and 135 SB 287 6
162	162	addresses of applicants for such licenses is not 136
163	163	confidential information. 137
164	164	9. Any deliberations conducted and votes taken in 138
165	165	rendering a final decis ion after a hearing before an agency 139
166	166	assigned to the division shall be closed to the parties and 140
167	167	the public. Once a final decision is rendered, that 141
168	168	decision shall be made available to the parties and the 142
169	169	public. 143
170	170	10. A compelling governmental in terest shall be deemed 144
171	171	to exist for the purposes of section 536.025 for licensure 145
172	172	fees to be reduced by emergency rule, if the projected fund 146
173	173	balance of any agency assigned to the division of 147
174	174	professional registration is reasonably expected to exceed 148
175	175	an amount that would require transfer from that fund to 149
176	176	general revenue. 150
177	177	11. (1) The following boards and commissions are 151
178	178	assigned by specific type transfers to the division of 152
179	179	professional registration: Missouri state board of 153
180	180	accountancy, chapter 326; board of cosmetology and barber 154
181	181	examiners, chapters 328 and 329; Missouri board for 155
182	182	architects, professional engineers, professional land 156
183	183	surveyors [and], professional landscape architects , and 157
184	184	licensed interior designers , chapter 327; Missou ri state 158
185	185	board of chiropractic examiners, chapter 331; state board of 159
186	186	registration for the healing arts, chapter 334; Missouri 160
187	187	dental board, chapter 332; state board of embalmers and 161
188	188	funeral directors, chapter 333; state board of optometry, 162
189	189	chapter 336; Missouri state board of nursing, chapter 335; 163
190	190	board of pharmacy, chapter 338; state board of podiatric 164
191	191	medicine, chapter 330; Missouri real estate appraisers 165
192	192	commission, chapter 339; and Missouri veterinary medical 166
193	193	board, chapter 340. The governor shall appoint members of 167 SB 287 7
194	194	these boards by and with the advice and consent of the 168
195	195	senate. 169
196	196	(2) The boards and commissions assigned to the 170
197	197	division shall exercise all their respective statutory 171
198	198	duties and powers, except those clerical and other staff 172
199	199	services involving collecting and accounting for moneys and 173
200	200	financial management relating to the issuance and renewal of 174
201	201	licenses, which services shall be provided by the division, 175
202	202	within the appropriation therefor. Nothing herein shall 176
203	203	prohibit employment of professional examining or testing 177
204	204	services from professional associations or others as 178
205	205	required by the boards or commissions on contract. Nothing 179
206	206	herein shall be construed to affect the power of a board or 180
207	207	commission to expend its funds as appropriated. However, 181
208	208	the division shall review the expense vouchers of each 182
209	209	board. The results of such review shall be submitted to the 183
210	210	board reviewed and to the house and senate appropriations 184
211	211	committees annually. 185
212	212	(3) Notwithstanding any oth er provisions of law, the 186
213	213	director of the division shall exercise only those 187
214	214	management functions of the boards and commissions 188
215	215	specifically provided in the Reorganization Act of 1974, and 189
216	216	those relating to the allocation and assignment of space, 190
217	217	personnel other than board personnel, and equipment. 191
218	218	(4) "Board personnel", as used in this section or 192
219	219	chapters 317, 326, 327, 328, 329, 330, 331, 332, 333, 334, 193
220	220	335, 336, 337, 338, 339, 340, and 345, shall mean personnel 194
221	221	whose functions and responsib ilities are in areas not 195
222	222	related to the clerical duties involving the issuance and 196
223	223	renewal of licenses, to the collecting and accounting for 197
224	224	moneys, or to financial management relating to issuance and 198
225	225	renewal of licenses; specifically included are exec utive 199 SB 287 8
226	226	secretaries (or comparable positions), consultants, 200
227	227	inspectors, investigators, counsel, and secretarial support 201
228	228	staff for these positions; and such other positions as are 202
229	229	established and authorized by statute for a particular board 203
230	230	or commission. Boards and commissions may employ legal 204
231	231	counsel, if authorized by law, and temporary personnel if 205
232	232	the board is unable to meet its responsibilities with the 206
233	233	employees authorized above. Any board or commission which 207
234	234	hires temporary employees shall an nually provide the 208
235	235	division director and the appropriation committees of the 209
236	236	general assembly with a complete list of all persons 210
237	237	employed in the previous year, the length of their 211
238	238	employment, the amount of their remuneration, and a 212
239	239	description of their responsibilities. 213
240	240	(5) Board personnel for each board or commission shall 214
241	241	be employed by and serve at the pleasure of the board or 215
242	242	commission, shall be supervised as the board or commission 216
243	243	designates, and shall have their duties and compensatio n 217
244	244	prescribed by the board or commission, within appropriations 218
245	245	for that purpose, except that compensation for board 219
246	246	personnel shall not exceed that established for comparable 220
247	247	positions as determined by the board or commission pursuant 221
248	248	to the job and pay plan of the department of commerce and 222
249	249	insurance. Nothing herein shall be construed to permit 223
250	250	salaries for any board personnel to be lowered except by 224
251	251	board action. 225
252	252	12. All the powers, duties, and functions of the 226
253	253	division of athletics, chapt er 317, and others, are assigned 227
254	254	by type I transfer to the division of professional 228
255	255	registration. 229
256	256	13. Wherever the laws, rules, or regulations of this 230
257	257	state make reference to the division of professional 231 SB 287 9
258	258	registration of the department of economic development, such 232
259	259	references shall be deemed to refer to the division of 233
260	260	professional registration. 234
261	261	14. (1) The state board of nursing, board of 235
262	262	pharmacy, Missouri dental board, state committee of 236
263	263	psychologists, state board of chiropractic exam iners, state 237
264	264	board of optometry, Missouri board of occupational therapy, 238
265	265	or state board of registration for the healing arts may 239
266	266	individually or collectively enter into a contractual 240
267	267	agreement with the department of health and senior services, 241
268	268	a public institution of higher education, or a nonprofit 242
269	269	entity for the purpose of collecting and analyzing workforce 243
270	270	data from its licensees, registrants, or permit holders for 244
271	271	future workforce planning and to assess the accessibility 245
272	272	and availability of qua lified health care services and 246
273	273	practitioners in Missouri. The boards shall work 247
274	274	collaboratively with other state governmental entities to 248
275	275	ensure coordination and avoid duplication of efforts. 249
276	276	(2) The boards may expend appropriated funds necessar y 250
277	277	for operational expenses of the program formed under this 251
278	278	subsection. Each board is authorized to accept grants to 252
279	279	fund the collection or analysis authorized in this 253
280	280	subsection. Any such funds shall be deposited in the 254
281	281	respective board's fund. 255
282	282	(3) Data collection shall be controlled and approved 256
283	283	by the applicable state board conducting or requesting the 257
284	284	collection. Notwithstanding the provisions of sections 258
285	285	324.010 and 334.001, the boards may release identifying data 259
286	286	to the contractor to facilitate data analysis of the health 260
287	287	care workforce including, but not limited to, geographic, 261
288	288	demographic, and practice or professional characteristics of 262
289	289	licensees. The state board shall not request or be 263 SB 287 10
290	290	authorized to collect income or other fin ancial earnings 264
291	291	data. 265
292	292	(4) Data collected under this subsection shall be 266
293	293	deemed the property of the state board requesting the data. 267
294	294	Data shall be maintained by the state board in accordance 268
295	295	with chapter 610, provided that any information deemed 269
296	296	closed or confidential under subsection 8 of this section or 270
297	297	any other provision of state law shall not be disclosed 271
298	298	without consent of the applicable licensee or entity or as 272
299	299	otherwise authorized by law. Data shall only be released in 273
300	300	an aggregate form by geography, profession or professional 274
301	301	specialization, or population characteristic in a manner 275
302	302	that cannot be used to identify a specific individual or 276
303	303	entity. Data suppression standards shall be addressed and 277
304	304	established in the contractual agr eement. 278
305	305	(5) Contractors shall maintain the security and 279
306	306	confidentiality of data received or collected under this 280
307	307	subsection and shall not use, disclose, or release any data 281
308	308	without approval of the applicable state board. The 282
309	309	contractual agreemen t between the applicable state board and 283
310	310	contractor shall establish a data release and research 284
311	311	review policy to include legal and institutional review 285
312	312	board, or agency-equivalent, approval. 286
313	313	(6) Each board may promulgate rules subject to the 287
314	314	provisions of this subsection and chapter 536 to effectuate 288
315	315	and implement the workforce data collection and analysis 289
316	316	authorized by this subsection. Any rule or portion of a 290
317	317	rule, as that term is defined in section 536.010, that is 291
318	318	created under the author ity delegated in this section shall 292
319	319	become effective only if it complies with and is subject to 293
320	320	all of the provisions of chapter 536 and, if applicable, 294
321	321	section 536.028. This section and chapter 536 are 295 SB 287 11
322	322	nonseverable and if any of the powers vested wit h the 296
323	323	general assembly under chapter 536 to review, to delay the 297
324	324	effective date, or to disapprove and annul a rule are 298
325	325	subsequently held unconstitutional, then the grant of 299
326	326	rulemaking authority and any rule proposed or adopted after 300
327	327	August 28, 2016, shall be invalid and void. 301
328	328	324.028. Any member authorized under the provisions of 1
329	329	sections 256.459, 324.063, 324.177, 324.203, 324.243, 2
330	330	[324.406,] 324.478, 326.259, 327.031, 329.015, 330.110, 3
331	331	331.090, 332.021, 333.151, 334.120, 334.43 0, 334.625, 4
332	332	334.717, 334.749, 334.830, 335.021, 336.130, 337.050, 5
333	333	337.305, 337.535, 337.622, 337.739, 338.110, 339.120, 6
334	334	340.202, 345.080, and 346.120 who misses three consecutive 7
335	335	regularly scheduled meetings of the board or council on 8
336	336	which he or she serves shall forfeit his or her membership 9
337	337	on that board or council. A new member shall be appointed 10
338	338	to the respective board or council by the governor with the 11
339	339	advice and consent of the senate. 12
340	340	327.011. As used in this chapter, unless specifically 1
341	341	provided otherwise, the following words and terms shall have 2
342	342	the meanings indicated: 3
343	343	(1) "Accredited degree program from a school of 4
344	344	architecture", a degree from any school or other institution 5
345	345	which teaches architecture and whos e curricula for the 6
346	346	degree in question have been, at the time in question, 7
347	347	certified as accredited by the National Architectural 8
348	348	Accrediting Board; 9
349	349	(2) "Accredited school of engineering", any school or 10
350	350	other institution which teaches engineering and whose 11
351	351	curricula on the subjects in question are or have been, at 12
352	352	the time in question certified as accredited by the 13
353	353	engineering accreditation commission of the accreditation 14 SB 287 12
354	354	board for engineering and technology or its successor 15
355	355	organization; 16
356	356	(3) "Accredited school of landscape architecture", any 17
357	357	school or other institution which teaches landscape 18
358	358	architecture and whose curricula on the subjects in question 19
359	359	are or have been at the times in question certified as 20
360	360	accredited by the Landscape Architecture Accreditation Board 21
361	361	of the American Society of Landscape Architects; 22
362	362	(4) "Architect", any person authorized pursuant to the 23
363	363	provisions of this chapter to practice architecture in 24
364	364	Missouri, as the practice of architecture is defined i n 25
365	365	section 327.091; 26
366	366	(5) "Board", the Missouri board for architects, 27
367	367	professional engineers, professional land surveyors [and], 28
368	368	professional landscape architects , and licensed interior 29
369	369	designers; 30
370	370	(6) "Corporation", any general business corpor ation, 31
371	371	professional corporation or limited liability company; 32
372	372	(7) "Design coordination", the review and coordination 33
373	373	of technical submissions prepared by others including, as 34
374	374	appropriate and without limitation, architects, professional 35
375	375	engineers, professional land surveyors, professional 36
376	376	landscape architects, licensed interior designers, and other 37
377	377	consultants; 38
378	378	(8) "Design survey", a survey which includes all 39
379	379	activities required to gather information to support the 40
380	380	sound conception, plann ing, design, construction, 41
381	381	maintenance, and operation of design projects, but excludes 42
382	382	the surveying of real property for the establishment of land 43
383	383	boundaries, rights-of-way, easements, and the dependent or 44
384	384	independent surveys or resurveys of the publi c land survey 45
385	385	system; 46 SB 287 13
386	386	(9) "Incidental practice", the performance of other 47
387	387	professional services licensed under this chapter that are 48
388	388	related to a licensee's professional service, but are 49
389	389	secondary and substantially less in scope and magnitude whe n 50
390	390	compared to the professional services usually and normally 51
391	391	performed by the licensee practicing in their licensed 52
392	392	profession. This incidental professional service shall be 53
393	393	safely and competently performed by the licensee without 54
394	394	jeopardizing the health, safety, and welfare of the public. 55
395	395	The licensee shall be qualified by education, training, and 56
396	396	experience as determined by the board and in sections 57
397	397	327.091, 327.181, 327.272, [and] 327.600, and 327.700 and 58
398	398	applicable board rules to perform such incidental 59
399	399	professional service; 60
400	400	(10) "Licensee", a person licensed to practice any 61
401	401	profession regulated under this chapter or a corporation 62
402	402	authorized to practice any such profession; 63
403	403	(11) "Licensed interior designer", the same meaning 64
404	404	given to such term in section 327.700; 65
405	405	(12) "Partnership", any partnership or limited 66
406	406	liability partnership; 67
407	407	[(12)] (13) "Person", any individual, corporation, 68
408	408	firm, partnership, association or other entity authorized to 69
409	409	do business; 70
410	410	[(13)] (14) "Professional engineer", any person 71
411	411	authorized pursuant to the provisions of this chapter to 72
412	412	practice as a professional engineer in Missouri, as the 73
413	413	practice of engineering is defined in section 327.181; 74
414	414	[(14)] (15) "Professional land sur veyor", any person 75
415	415	authorized pursuant to the provisions of this chapter to 76
416	416	practice as a professional land surveyor in Missouri as the 77
417	417	practice of land surveying is defined in section 327.272; 78 SB 287 14
418	418	[(15)] (16) "Professional landscape architect", any 79
419	419	person authorized pursuant to the provisions of this chapter 80
420	420	to practice as a professional landscape architect in 81
421	421	Missouri as the practice of landscape architecture is 82
422	422	defined in section 327.600; 83
423	423	[(16)] (17) "Responsible charge", the independent 84
424	424	direct control of a licensee's work and personal supervision 85
425	425	of such work pertaining to the practice of architecture, 86
426	426	engineering, land surveying, or landscape architecture. 87
427	427	327.031. 1. The "Missouri Board for Architects, 1
428	428	Professional Engineers, Professional Land Surveyors [and], 2
429	429	Professional Landscape Architects , and Licensed Interior 3
430	430	Designers" is hereby established and shall consist of 4
431	431	[fifteen] seventeen members: a chairperson, who may be 5
432	432	either an architect, a professional engineer, a professional 6
433	433	land surveyor, [or] a professional landscape architect , or a 7
434	434	licensed interior designer ; three architects, who shall 8
435	435	constitute the architectural division of the board; four 9
436	436	professional engineers, who shall constitute its 10
437	437	professional engineering division; three professional land 11
438	438	surveyors, who shall constitute its professional land 12
439	439	surveying division; three professional landscape architects, 13
440	440	who shall constitute its professional landscape 14
441	441	architectural division; two licensed interior designers, who 15
442	442	shall constitute its licensed interior design division; and 16
443	443	a voting public member. 17
444	444	2. After receiving his or her commission and before 18
445	445	entering upon the discharge of his or her official duties, 19
446	446	each member of the boar d shall take, subscribe to and file 20
447	447	in the office of the secretary of state the official oath 21
448	448	required by the constitution. 22 SB 287 15
449	449	3. The chairperson shall be the administrative and 23
450	450	executive officer of the board, and it shall be his or her 24
451	451	duty to supervise and expedite the work of the board and its 25
452	452	divisions, and, at his or her election, when a tie exists 26
453	453	between the divisions of the board, to break the tie by 27
454	454	recording his or her vote for or against the action upon 28
455	455	which the divisions are in disag reement. Each member of the 29
456	456	architectural division shall have one vote when voting on an 30
457	457	action pending before the board; each member of the 31
458	458	professional engineering division shall have one vote when 32
459	459	voting on an action pending before the board; each member of 33
460	460	the professional land surveying division shall have one vote 34
461	461	when voting on an action pending before the board; [and] 35
462	462	each member of the professional landscape architectural 36
463	463	division shall have one vote when voting on an action 37
464	464	pending before the board; and each member of the licensed 38
465	465	interior design division shall have one vote when voting on 39
466	466	an action pending before the board . Every motion or 40
467	467	proposed action upon which the divisions of the board are 41
468	468	tied shall be deemed lost, and the c hairperson shall so 42
469	469	declare, unless the chairperson shall elect to break the tie 43
470	470	as provided in this section. [Eight] Nine voting members of 44
471	471	the board, including at least one member of each division, 45
472	472	shall constitute a quorum, respectively, for the tr ansaction 46
473	473	of board business. 47
474	474	4. Each division of the board shall, at its first 48
475	475	meeting in each even -numbered year, elect one of its members 49
476	476	as division chairperson for a term of two years. Two voting 50
477	477	members of each division of the board shall c onstitute a 51
478	478	quorum for the transaction of division business. The 52
479	479	chairpersons of the architectural division, professional 53
480	480	engineering division, professional land surveying division, 54 SB 287 16
481	481	[and] professional landscape architectural division , and 55
482	482	licensed interior design division so elected shall be vice 56
483	483	chairpersons of the board [, and]. When the chairperson of 57
484	484	the board is an architect, the chairperson of the 58
485	485	architectural division shall be the ranking vice 59
486	486	chairperson[, and]; when the chairperson of th e board is a 60
487	487	professional engineer, the chairperson of the professional 61
488	488	engineering division shall be the ranking vice 62
489	489	chairperson[,]; when the chairperson of the board is a 63
490	490	professional land surveyor, the chairperson of the 64
491	491	professional land surveyin g division shall be the ranking 65
492	492	vice chairperson[, and]; when the chairperson of the board 66
493	493	is a professional landscape architect, the chairperson of 67
494	494	the professional landscape architectural division shall be 68
495	495	the ranking vice chairperson ; and when the chairperson of 69
496	496	the board is a licensed interior designer, the chairperson 70
497	497	of the licensed interior design division shall be the 71
498	498	ranking vice chairperson . The chairperson of each division 72
499	499	shall be the administrative and executive officer of his or 73
500	500	her division, and it shall be his or her duty to supervise 74
501	501	and expedite the work of the division, and, in case of a tie 75
502	502	vote on any matter, the chairperson shall, at his or her 76
503	503	election, break the tie by his or her vote. Every motion or 77
504	504	question pending before the division upon which a tie exists 78
505	505	shall be deemed lost, and so declared by the chairperson of 79
506	506	the division, unless the chairperson shall elect to break 80
507	507	such tie by his or her vote. 81
508	508	5. (1) Any person appointed to the board, except a 82
509	509	public member, shall be a currently licensed architect, 83
510	510	licensed professional engineer, licensed professional land 84
511	511	surveyor [or], licensed professional landscape architect , or 85
512	512	licensed interior designer in Missouri, as the vacancy on 86 SB 287 17
513	513	the board may require, who has been a resident of Missouri 87
514	514	for at least five years, who has been engaged in active 88
515	515	practice as an architect, professional engineer, 89
516	516	professional land surveyor [or], professional landscape 90
517	517	architect, or licensed interior designer , as the case may 91
518	518	be, for at least ten consecutive years as a Missouri 92
519	519	licensee immediately preceding such person's appointment, 93
520	520	and who is and has been a citizen of the United States for 94
521	521	at least five years immediately preceding such person's 95
522	522	appointment. 96
523	523	(2) (a) Active service as a faculty member while 97
524	524	holding the rank of assistant professor or higher in an 98
525	525	accredited school of engineering shall be regarded as active 99
526	526	practice of engineering, for the purposes of this chapter. 100
527	527	(b) Active service as a faculty member, after meeting 101
528	528	the qualifications required by section 327.314, while 102
529	529	holding the rank of assistant professor or higher in an 103
530	530	accredited school of engineering and teaching land surveying 104
531	531	courses shall be regarded as active practice o f land 105
532	532	surveying for the purposes of this chapter. 106
533	533	(c) Active service as a faculty member while holding 107
534	534	the rank of assistant professor or higher in an accredited 108
535	535	school of landscape architecture shall be regarded as active 109
536	536	practice of landscap e architecture, for the purposes of this 110
537	537	chapter. 111
538	538	(d) Active service as a faculty member while holding 112
539	539	the rank of assistant professor or higher in an accredited 113
540	540	school of architecture shall be regarded as active practice 114
541	541	of architecture for th e purposes of this chapter; provided, 115
542	542	however, that no faculty member of an accredited school of 116
543	543	architecture shall be eligible for appointment to the board 117
544	544	unless such person has had at least three years' experience 118 SB 287 18
545	545	in the active practice of architect ure other than in 119
546	546	teaching. 120
547	547	(e) Active service as a faculty member while holding 121
548	548	the rank of assistant professor or higher in an accredited 122
549	549	school of interior design shall be regarded as active 123
550	550	practice of licensed interior design for the purpose s of 124
551	551	this chapter, provided that no faculty member of an 125
552	552	accredited school of interior design shall be eligible for 126
553	553	appointment to the board unless such person has had at least 127
554	554	three years of experience in the active practice of licensed 128
555	555	interior design other than in teaching. 129
556	556	(3) The public member shall be, at the time of 130
557	557	appointment, a citizen of the United States; a resident of 131
558	558	this state for a period of one year and a registered voter; 132
559	559	a person who is not and never was a member of any prof ession 133
560	560	licensed or regulated pursuant to this chapter or the spouse 134
561	561	of such person; and a person who does not have and never has 135
562	562	had a material, financial interest in either the providing 136
563	563	of the professional services regulated by this chapter, or 137
564	564	an activity or organization directly related to any 138
565	565	profession licensed or regulated pursuant to this chapter. 139
566	566	All members, including public members, shall be chosen from 140
567	567	lists submitted by the director of the division of 141
568	568	professional registration. The duties of the public member 142
569	569	shall not include the determination of the technical 143
570	570	requirements to be met for licensure or whether any person 144
571	571	meets such technical requirements or of the technical 145
572	572	competence or technical judgment of a licensee or a 146
573	573	candidate for licensure. 147
574	574	6. The governor shall appoint the chairperson and the 148
575	575	other members of the board when a vacancy occurs either by 149
576	576	the expiration of a term or otherwise, and each board member 150 SB 287 19
577	577	shall serve until such member's successor is appointed and 151
578	578	has qualified. The position of chairperson shall rotate 152
579	579	sequentially with an architect, then professional engineer, 153
580	580	then professional land surveyor, then professional landscape 154
581	581	architect, and then licensed interior designer and shall be 155
582	582	a licensee who has previously served as a member of the 156
583	583	board. The appointment of the chairperson shall be for a 157
584	584	term of four years which shall be deemed to have begun on 158
585	585	the date of his or her appointment and shall end upon the 159
586	586	appointment of the chairperson 's successor. The chairperson 160
587	587	shall not serve more than one term. All other appointments, 161
588	588	except to fill an unexpired term, shall be for terms of four 162
589	589	years; but no person shall serve on the board for more than 163
590	590	two consecutive four -year terms, and each four-year term 164
591	591	shall be deemed to have begun on the date of the expiration 165
592	592	of the term of the board member who is being replaced or 166
593	593	reappointed, as the case may be. Any appointment to the 167
594	594	board which is made when the senate is not in session shall 168
595	595	be submitted to the senate for its advice and consent at its 169
596	596	next session following the date of the appointment. 170
597	597	7. In the event that a vacancy is to occur on the 171
598	598	board because of the expiration of a term, then ninety days 172
599	599	prior to the expiration , or as soon as feasible after a 173
600	600	vacancy otherwise occurs, the president of the American 174
601	601	Institute of Architects/Missouri if the vacancy to be filled 175
602	602	requires the appointment of an architect, the president of 176
603	603	the Missouri Society of Professional Engine ers if the 177
604	604	vacancy to be filled requires the appointment of a 178
605	605	professional engineer, the president of the Missouri Society 179
606	606	of Professional Surveyors if the vacancy to be filled 180
607	607	requires the appointment of a professional land surveyor, 181
608	608	[and] the president of the Missouri Association of Landscape 182 SB 287 20
609	609	Architects if the vacancy to be filled requires the 183
610	610	appointment of a professional landscape architect, and the 184
611	611	presidents or other chief executives of any Missouri chapter 185
612	612	of a national council for interior design qualifications if 186
613	613	the vacancy to be filled requires the appointment of a 187
614	614	licensed interior designer, shall submit to the director of 188
615	615	the division of professional registration a list of five 189
616	616	architects [or], five professional engineers, [or] five 190
617	617	professional land surveyors, [or] five professional 191
618	618	landscape architects , or five licensed interior designers, 192
619	619	as the case may require, qualified and willing to fill the 193
620	620	vacancy in question, with the recommendation that the 194
621	621	governor appoint one of th e five persons so listed; and with 195
622	622	the list of names so submitted, the president or other chief 196
623	623	executive of the appropriate organization shall include in a 197
624	624	letter of transmittal a description of the method by which 198
625	625	the names were chosen. This subsection shall not apply to 199
626	626	public member vacancies. 200
627	627	8. The board may sue and be sued as the Missouri board 201
628	628	for architects, professional engineers, professional land 202
629	629	surveyors [and], professional landscape architects , and 203
630	630	licensed interior designers , and its members need not be 204
631	631	named as parties. Members of the board shall not be 205
632	632	personally liable either jointly or severally for any act or 206
633	633	acts committed in the performance of their official duties 207
634	634	as board members, nor shall any board member be per sonally 208
635	635	liable for any court costs which accrue in any action by or 209
636	636	against the board. 210
637	637	327.041. 1. The board shall have the duty and the 1
638	638	power to carry out the purposes and to enforce and 2
639	639	administer the provisions of this chapter, to require, by 3
640	640	summons or subpoena, with the vote of two -thirds of the 4 SB 287 21
641	641	voting board members, the attendance and testimony of 5
642	642	witnesses, and the production of drawings, plans, plats, 6
643	643	specifications, books, papers or any document representing 7
644	644	any matter under hearing or investigation, pertaining to the 8
645	645	issuance, probation, suspension or revocation of 9
646	646	certificates of registration or certificates of authority 10
647	647	provided for in this chapter, or pertaining to the unlawful 11
648	648	practice of architecture, professi onal engineering, 12
649	649	professional land surveying [or], professional landscape 13
650	650	architecture, or licensed interior design . 14
651	651	2. The board shall, within the scope and purview of 15
652	652	the provisions of this chapter, prescribe the duties of its 16
653	653	officers and employees and adopt, publish and enforce the 17
654	654	rules and regulations of professional conduct which shall 18
655	655	establish and maintain appropriate standards of competence 19
656	656	and integrity in the professions of architecture, 20
657	657	professional engineering, professional land surveying [and], 21
658	658	professional landscape architecture , and licensed interior 22
659	659	design, and adopt, publish and enforce procedural rules and 23
660	660	regulations as may be considered by the board to be 24
661	661	necessary or proper for the conduct of the board's business 25
662	662	and the management of its affairs, and for the effective 26
663	663	administration and interpretation of the provisions of this 27
664	664	chapter. Any rule or portion of a rule, as that term is 28
665	665	defined in section 536.010, that is created under the 29
666	666	authority delegated in thi s chapter shall become effective 30
667	667	only if it complies with and is subject to all of the 31
668	668	provisions of chapter 536 and, if applicable, section 32
669	669	536.028. This section and chapter 536 are nonseverable and 33
670	670	if any of the powers vested with the general assemb ly 34
671	671	pursuant to chapter 536 to review, to delay the effective 35
672	672	date or to disapprove and annul a rule are subsequently held 36 SB 287 22
673	673	unconstitutional, then the grant of rulemaking authority and 37
674	674	any rule proposed or adopted after August 28, 2001, shall be 38
675	675	invalid and void. 39
676	676	3. Rules promulgated by the board pursuant to sections 40
677	677	327.272 to 327.635 shall be consistent with and shall not 41
678	678	supersede the rules promulgated by the department of natural 42
679	679	resources pursuant to chapter 60. 43
680	680	327.081. 1. All funds received pursuant to the 1
681	681	provisions of this chapter shall be deposited in the state 2
682	682	treasury to the credit of the "State Board for Architects, 3
683	683	Professional Engineers, Professional Land Surveyors [and], 4
684	684	Professional Landscape Architects , and Licensed Interior 5
685	685	Designers Fund" which is hereby established. All 6
686	686	expenditures authorized by this chapter shall be paid from 7
687	687	funds appropriated to the board by the general assembly from 8
688	688	this fund. 9
689	689	2. The provisions of section 33.080 to the contrary 10
690	690	notwithstanding, money in this fund shall not be transferred 11
691	691	and placed to the credit of general revenue until the amount 12
692	692	in the fund at the end of the biennium exceeds two times the 13
693	693	amount of the appropriation from the board's funds for the 14
694	694	preceding fiscal year or, if the board requires by rule 15
695	695	permit renewal less frequently than yearly, then three times 16
696	696	the appropriation from the board's funds for the preceding 17
697	697	fiscal year. The amount, if any, in the fund which shall 18
698	698	lapse is that amount in the fund which exceeds the 19
699	699	appropriate multiple of the appropriations from the board's 20
700	700	funds for the preceding fiscal year. 21
701	701	327.381. The board may license, in its discretion, any 1
702	702	architect, professional engineer, professional l and 2
703	703	surveyor, [or] professional landscape architect , or interior 3
704	704	designer licensed, certified, or registered in another state 4 SB 287 23
705	705	or territory of the United States, province of Canada, or in 5
706	706	another country, when such applicant has qualifications 6
707	707	which are at least equivalent to the requirements for 7
708	708	licensure as an architect, professional engineer, 8
709	709	professional land surveyor, [or] professional landscape 9
710	710	architect, or licensed interior designer in this state, and 10
711	711	provided further that the board may esta blish by rule the 11
712	712	conditions under which it shall require any such applicant 12
713	713	to take any examination it considers necessary, and provided 13
714	714	further that any such application is accompanied by the 14
715	715	required fee. 15
716	716	327.411. 1. Each architect and each professional 1
717	717	engineer and each professional land surveyor and each 2
718	718	professional landscape architect and each licensed interior 3
719	719	designer shall have a personal seal in a form prescribed by 4
720	720	the board, and he or she shall affix the seal to all final 5
721	721	technical submissions. The personal seal for each 6
722	722	profession shall be distinct from the personal seal for any 7
723	723	other profession. Technical submissions shall include, but 8
724	724	are not limited to, drawings, specifications, plats, 9
725	725	surveys, exhibits, r eports, and certifications of 10
726	726	construction prepared by the licensee, or under such 11
727	727	licensee's immediate personal supervision. Such licensee 12
728	728	shall either prepare or personally supervise the preparation 13
729	729	of all documents sealed by the licensee, and such licensee 14
730	730	shall be held personally responsible for the contents of all 15
731	731	such documents sealed by such licensee, whether prepared or 16
732	732	drafted by another licensee or not. 17
733	733	2. The personal seal of an architect or professional 18
734	734	engineer or professional la nd surveyor or professional 19
735	735	landscape architect or licensed interior designer shall be 20
736	736	the legal equivalent of the licensee's signature whenever 21 SB 287 24
737	737	and wherever used, and the owner of the seal shall be 22
738	738	responsible for the architectural, engineering, land 23
739	739	surveying, [or] landscape architectural , or interior design 24
740	740	documents, as the case may be, when the licensee places his 25
741	741	or her personal seal on such technical submissions to be 26
742	742	used in connection with, any architectural or engineering 27
743	743	project, survey, [or] landscape architectural project , or 28
744	744	interior alteration or construction project . Licensees 29
745	745	shall undertake to perform architectural, professional 30
746	746	engineering, professional land surveying [and], professional 31
747	747	landscape architectural , and interior design services only 32
748	748	when they are qualified by education, training, and 33
749	749	experience in the specific technical areas involved. 34
750	750	3. Notwithstanding any provision of this section, any 35
751	751	architect, professional engineer, professional land 36
752	752	surveyor, [or] professional landscape architect , or licensed 37
753	753	interior designer may, but is not required to, attach a 38
754	754	statement over his or her signature, authenticated by his or 39
755	755	her personal seal, specifying the particular technical 40
756	756	submissions, or portions thereof, intended to be 41
757	757	authenticated by the seal, and disclaiming any 42
758	758	responsibility for all other technical submissions relating 43
759	759	to or intended to be used for any part or parts of the 44
760	760	architectural or engineering project [or], survey [or], 45
761	761	landscape architectural project, or interior alteration or 46
762	762	construction project . 47
763	763	4. Nothing in this section, or any rule or regulation 48
764	764	of the board shall require any professional to seal 49
765	765	preliminary or incomplete documents. 50
766	766	327.441. 1. The board may refuse to issue any license 1
767	767	or certificate of authority required pursuant to this 2
768	768	chapter for one or any combination of causes stated in 3 SB 287 25
769	769	subsection 2 of this section. The board shall notify the 4
770	770	applicant in writing of the reasons for the refusa l and 5
771	771	shall advise the applicant of the applicant's right to file 6
772	772	a complaint with the administrative hearing commission as 7
773	773	provided by chapter 621. 8
774	774	2. The board may cause a complaint to be filed with 9
775	775	the administrative hearing commission as prov ided by chapter 10
776	776	621 against any holder of any license or certificate of 11
777	777	authority required by this chapter or any person who has 12
778	778	failed to renew or has surrendered such person's license or 13
779	779	certificate of authority, for any one or any combination of 14
780	780	the following causes: 15
781	781	(1) Use of any controlled substance, as defined in 16
782	782	chapter 195, or alcoholic beverage to an extent that such 17
783	783	use impairs a person's ability to perform the work of any 18
784	784	profession licensed or regulated by this chapter; 19
785	785	(2) The person has been finally adjudicated and found 20
786	786	guilty, or entered a plea of guilty or nolo contendere, in a 21
787	787	criminal prosecution under the laws of any state, of the 22
788	788	United States, or of any country, for any offense directly 23
789	789	related to the duties and responsibilities of the 24
790	790	occupation, as set forth in section 324.012, regardless of 25
791	791	whether or not sentence is imposed; 26
792	792	(3) Use of fraud, deception, misrepresentation or 27
793	793	bribery in securing any license or certificate of authority 28
794	794	issued pursuant to this chapter or in obtaining permission 29
795	795	to take any examination given or required pursuant to this 30
796	796	chapter; 31
797	797	(4) Obtaining or attempting to obtain any fee, charge, 32
798	798	tuition or other compensation by fraud, deception or 33
799	799	misrepresentation; 34 SB 287 26
800	800	(5) Incompetency, misconduct, gross negligence, fraud, 35
801	801	misrepresentation or dishonesty in the performance of the 36
802	802	functions or duties of any profession licensed or regulated 37
803	803	by this chapter; 38
804	804	(6) Violation of, or assisting or enabling any person 39
805	805	to violate, any provision of this chapter, or of any lawful 40
806	806	rule or regulation adopted pursuant to this chapter; 41
807	807	(7) Impersonation of any person holding a license or 42
808	808	certificate of authority, or allowing any person to use his 43
809	809	or her license or certifi cate of authority, or diploma from 44
810	810	any school; 45
811	811	(8) Disciplinary action against the holder of a 46
812	812	license or a certificate of authority, or other right to 47
813	813	practice any profession regulated by this chapter granted by 48
814	814	another state, territory, federal agency or country upon 49
815	815	grounds for which revocation or suspension is authorized in 50
816	816	this state; 51
817	817	(9) A person is finally adjudged incapacitated or 52
818	818	disabled by a court of competent jurisdiction; 53
819	819	(10) Assisting or enabling any person to practic e or 54
820	820	offer to practice any profession licensed or regulated by 55
821	821	this chapter who is not licensed and currently eligible to 56
822	822	practice pursuant to this chapter . The provisions of this 57
823	823	subdivision shall not apply to prohibit assisting or 58
824	824	enabling any person to perform or offer to perform interior 59
825	825	design services who is not licensed under this chapter ; 60
826	826	(11) Issuance of a professional license or a 61
827	827	certificate of authority based upon a material mistake of 62
828	828	fact; 63
829	829	(12) Failure to display a valid l icense or certificate 64
830	830	of authority if so required by this chapter or any rule 65
831	831	promulgated pursuant to this chapter; 66 SB 287 27
832	832	(13) Violation of any professional trust or confidence; 67
833	833	(14) Use of any advertisement or solicitation which is 68
834	834	false, misleading or deceptive to the general public or 69
835	835	persons to whom the advertisement or solicitation is 70
836	836	primarily directed. 71
837	837	3. After the filing of such complaint, the proceedings 72
838	838	shall be conducted in accordance with the provisions of 73
839	839	chapter 621. Upon a finding by the administrative hearing 74
840	840	commission that the grounds, provided in subsection 2 of 75
841	841	this section, for disciplinary action are met, the board 76
842	842	may, singly or in combination, censure or place the person 77
843	843	named in the complaint on probation on s uch terms and 78
844	844	conditions as the board deems appropriate for a period not 79
845	845	to exceed five years, or may suspend, for a period not to 80
846	846	exceed three years, or order a civil penalty under section 81
847	847	327.077, or revoke the license or certificate of authority 82
848	848	of the person named in the complaint. 83
849	849	327.442. 1. At such time as the final trial 1
850	850	proceedings are concluded whereby a licensee, or any person 2
851	851	who has failed to renew or has surrendered his or her 3
852	852	certificate of licensure or authority, has been finally 4
853	853	adjudicated and found guilty, or has entered a plea of 5
854	854	guilty or nolo contendere, in a [felony] criminal 6
855	855	prosecution pursuant to the laws of [this] any state, [the 7
856	856	laws of any other state, territory, or the laws ] of the 8
857	857	United States [of America], or of any country for any 9
858	858	offense [reasonably] directly related to the 10
859	859	[qualifications, functions, or ] duties [of a licensee 11
860	860	pursuant to this chapter or any felony offense, an essential 12
861	861	element of which is fraud, dishonesty, or an act of 13
862	862	violence, or for any felony offense involving moral 14
863	863	turpitude,] and responsibilities of the occupation, as set 15 SB 287 28
864	864	forth in section 324.012, regardless of whether or not 16
865	865	sentence is imposed, the board for architects, professional 17
866	866	engineers, professional land surveyors [and], professional 18
867	867	landscape architects , and licensed interior designers may 19
868	868	hold a disciplinary hearing to singly or in combination 20
869	869	censure or place the licensee named in the complaint on 21
870	870	probation on such terms and conditions as the b oard deems 22
871	871	appropriate for a period not to exceed five years, or may 23
872	872	suspend, for a period not to exceed three years, or revoke 24
873	873	the license or certificate. 25
874	874	2. Anyone who has been revoked or denied a license or 26
875	875	certificate to practice in another s tate may automatically 27
876	876	be denied a license or certificate to practice in this 28
877	877	state. However, the board for architects, professional 29
878	878	engineers, professional land surveyors [and], professional 30
879	879	landscape architects , and licensed interior designers may 31
880	880	establish other qualifications by which a person may 32
881	881	ultimately be qualified and licensed to practice in Missouri. 33
882	882	327.451. 1. Any person who believes that an architect 1
883	883	or a professional engineer or a professional land surveyor 2
884	884	or a professional landscape architect or a licensed interior 3
885	885	designer has acted or failed to act so that his or her 4
886	886	license or certificate of authority should, pursuant to the 5
887	887	provisions of this chapter, be suspended or revoked, or who 6
888	888	believes that any ap plicant for a license or certificate of 7
889	889	authority pursuant to the provisions of this chapter is not 8
890	890	entitled to a license or a certificate of authority, may 9
891	891	file a written affidavit with the executive director of the 10
892	892	board which the affiant shall sign and swear to and in which 11
893	893	the affiant shall clearly set forth the reasons for the 12
894	894	affiant's charge or charges that the license or certificate 13
895	895	of authority of an architect or professional engineer or 14 SB 287 29
896	896	professional land surveyor or professional landscape 15
897	897	architect or licensed interior designer should be suspended 16
898	898	or revoked or not renewed or that a license or certificate 17
899	899	of authority should not be issued to an applicant. 18
900	900	2. If the affidavit so filed does not contain 19
901	901	statements of fact which if tr ue would authorize, pursuant 20
902	902	to the provisions of this chapter, suspension or revocation 21
903	903	of the accused's license or certificate of authority, or 22
904	904	does not contain statements of fact which if true would 23
905	905	authorize, pursuant to the provisions of this chap ter, the 24
906	906	refusal of the renewal of an existing license or certificate 25
907	907	of authority or the refusal of a license or certificate of 26
908	908	authority to an applicant, the board shall either dismiss 27
909	909	the charge or charges or, within its discretion, cause an 28
910	910	investigation to be made of the charges contained in the 29
911	911	affidavit, after which investigation the board shall either 30
912	912	dismiss the charge or charges or proceed against the accused 31
913	913	by written complaint as provided in subsection 3 of this 32
914	914	section. 33
915	915	3. If the affidavit contains statements of fact which 34
916	916	if true would authorize pursuant to the provisions of this 35
917	917	chapter the revocation or suspension of an accused's license 36
918	918	or certificate of authority, the board shall cause an 37
919	919	investigation to be made of the charge or charges contained 38
920	920	in the affidavit and unless the investigation discloses the 39
921	921	falsity of the facts upon which the charge or charges in the 40
922	922	affidavit are based, the board shall file with and in the 41
923	923	administrative hearing commission a written c omplaint 42
924	924	against the accused setting forth the cause or causes for 43
925	925	which the accused's license or certificate of authority 44
926	926	should be suspended or revoked. Thereafter, the board shall 45 SB 287 30
927	927	be governed by and shall proceed in accordance with the 46
928	928	provisions of chapter 621. 47
929	929	4. If the charges contained in the affidavit filed 48
930	930	with the board would constitute a cause or causes for which 49
931	931	pursuant to the provisions of this chapter an accused's 50
932	932	license or certificate of authority should not be renewed or 51
933	933	a cause or causes for which pursuant to the provisions of 52
934	934	this chapter a certificate should not be issued, the board 53
935	935	shall cause an investigation to be made of the charge or 54
936	936	charges and unless the investigation discloses the falsity 55
937	937	of the facts upon whi ch the charge or charges contained in 56
938	938	the affidavit are based, the board shall refuse to permit an 57
939	939	applicant to be examined upon the applicant's qualifications 58
940	940	for licensure or shall refuse to issue or renew a license or 59
941	941	certificate of authority, as th e case may require. 60
942	942	5. The provisions of this section shall not be so 61
943	943	construed as to prevent the board on its own initiative from 62
944	944	instituting and conducting investigations and based thereon 63
945	945	to make written complaints in and to the administrative 64
946	946	hearing commission. 65
947	947	6. If for any reason the provisions of chapter 621 66
948	948	become inapplicable to the board, then, and in that event, 67
949	949	the board shall proceed to charge, adjudicate and otherwise 68
950	950	act in accordance with the provisions of chapter 536. 69
951	951	[324.400.] 327.700. As used in sections [324.400 to 1
952	952	324.439] 327.700 to 327.750, the following terms mean: 2
953	953	(1) ["Council", the interior design council created in 3
954	954	section 324.406] "Accredited degree program from a school of 4
955	955	interior design", a degree from any school or other 5
956	956	institution that teaches interior design and whose curricula 6
957	957	for the degree in question have been, at the time in 7
958	958	question, certified as accredited by the Council for 8 SB 287 31
959	959	Interior Design Accreditation or an accreditation body 9
960	960	recognized by the United States Department of Education ; 10
961	961	(2) ["Division", the division of professional 11
962	962	registration] "Building equipment", any mechanical plumbing, 12
963	963	electrical, or structural components, including a 13
964	964	conveyance, designed for or located in a building or 14
965	965	structure; 15
966	966	(3) "Conveyance", an elevator, dumbwaiter, vertical 16
967	967	reciprocating conveyor, escalator, or other motorized 17
968	968	vertical transportation system; 18
969	969	(4) "Interior alteration or construction project", a 19
970	970	project, including construction, modification, renovation, 20
971	971	rehabilitation, or historic preservation, for an interior 21
972	972	space or area within a proposed or existing building or 22
973	973	structure that involves changing or altering: 23
974	974	(a) The design function or layout of a room; or 24
975	975	(b) The state of permanent fixtures or equipment; 25
976	976	(5) "Interior nonstructural element", an interior 26
977	977	design element that does not require structural bracing and 27
978	978	that is not load-bearing according to any applicable 28
979	979	building codes; 29
980	980	(6) "Interior technical submission", the designs, 30
981	981	drawings, and specifications that establish the scope of the 31
982	982	interior alteration or construction project, the standard of 32
983	983	quality for any materials, workmanship, equipment, and 33
984	984	construction systems of an interior alteration or 34
985	985	construction project, and the studies and other technical 35
986	986	reports and calculations prepared in the course of the 36
987	987	practice of licensed interior design; 37
988	988	(7) "[Registered] Licensed interior designer", a 38
989	989	design professional who provides services including 39
990	990	preparation of documents and specifications relative to 40 SB 287 32
991	991	nonload-bearing interior construction, furniture, finishes, 41
992	992	fixtures and equipment and who meets the criteria of 42
993	993	education, experience and examinatio n as provided in 43
994	994	sections [324.400 to 324.439] 324.400 to 324.439; 44
995	995	(8) "Practice of licensed interior design", the design 45
996	996	of interior spaces as a part of an interior alteration or 46
997	997	construction project in conformity with public health, 47
998	998	safety, and welfare requirements, including the preparation 48
999	999	of documents relating to building code descriptions, project 49
1000	1000	egress plans that require no increase in the capacity of 50
1001	1001	exits in the space affected, space planning, finish 51
1002	1002	materials, furnishings, fixtures, equipment, and preparation 52
1003	1003	of documents and interior technical submissions relating to 53
1004	1004	an interior alteration or construction project. The term 54
1005	1005	"practice of licensed interior design": 55
1006	1006	(a) Shall include: 56
1007	1007	a. The programming, planning, pre -design analysis, and 57
1008	1008	conceptual design of any interior nonstructural elements 58
1009	1009	including, but not limited to, the selection of materials, 59
1010	1010	furniture, fixtures, and equipment, except for building 60
1011	1011	equipment; 61
1012	1012	b. The alteration or construction of any int erior 62
1013	1013	nonstructural elements and any interior technical 63
1014	1014	submissions related to such alteration or construction; 64
1015	1015	c. The preparation of a physical plan of space within 65
1016	1016	a proposed or existing building or structure, including: 66
1017	1017	(i) Determinations of circulation systems or patterns; 67
1018	1018	(ii) Determinations of the location of exit 68
1019	1019	requirements based on occupancy loads; and 69
1020	1020	(iii) Assessments and analyses of any interior safety 70
1021	1021	factors to comply with applicable building codes related to 71
1022	1022	interior nonstructural elements; 72 SB 287 33
1023	1023	d. The application of building codes and accessibility 73
1024	1024	standards, including, but not limited to, the federal 74
1025	1025	Americans with Disabilities Act of 1990, 42 U.S.C. Section 75
1026	1026	12101, et seq., as applicable to interior technic al 76
1027	1027	submissions for interior nonstructural elements; 77
1028	1028	e. The rendering of designs, plans, drawings, 78
1029	1029	specifications, contract documents, or other interior 79
1030	1030	technical submissions; and 80
1031	1031	f. The administration of the construction of interior 81
1032	1032	nonstructural elements and contracts relating to interior 82
1033	1033	nonstructural elements in the interior alteration or 83
1034	1034	construction of a proposed or existing building or 84
1035	1035	structure; and 85
1036	1036	(b) Shall not include: 86
1037	1037	a. Services or work that constitute the practice of 87
1038	1038	architecture, as provided in section 327.091, except as 88
1039	1039	otherwise provided for in this chapter; 89
1040	1040	b. Services or work that constitute the practice of 90
1041	1041	professional engineering, as provided in section 327.181; 91
1042	1042	c. Services or work that consti tute the practice of 92
1043	1043	professional land surveying, as provided in section 327.272; 93
1044	1044	d. Services or work that constitute the practice of 94
1045	1045	professional landscape architecture, as defined in section 95
1046	1046	327.600; 96
1047	1047	e. Altering or affecting the structural system of a 97
1048	1048	building, including changing the building's live or dead 98
1049	1049	load on the structural system; 99
1050	1050	f. Changes to the building envelope, including 100
1051	1051	exterior walls, exterior wall coverings, exterior wall 101
1052	1052	openings, exterior windows or doors, archit ectural trim, 102
1053	1053	balconies and similar projections, bay or oriel windows, 103
1054	1054	roof assemblies and rooftop structures, and glass and 104 SB 287 34
1055	1055	glazing for exterior use in both vertical and sloped 105
1056	1056	applications in buildings and structures; 106
1057	1057	g. Altering or affecting t he mechanical, plumbing, 107
1058	1058	heating, air conditioning, ventilation, electrical, vertical 108
1059	1059	transportation, fire sprinkler, or fire alarm systems; 109
1060	1060	h. Changes beyond the exterior exit access component 110
1061	1061	of a means of egress system; 111
1062	1062	i. Construction that materially affects any life 112
1063	1063	safety systems pertaining to fire safety or fire protection 113
1064	1064	of structural elements, smoke evacuation and 114
1065	1065	compartmentalization systems, or fire -rated vertical shafts 115
1066	1066	in multi-story structures; 116
1067	1067	j. Changes of use to an occupancy of greater hazard as 117
1068	1068	determined by the International Building Code; or 118
1069	1069	k. Changes to the construction classification of the 119
1070	1070	building or structure according to the International 120
1071	1071	Building Code; 121
1072	1072	(9) "Professional design firm", a part nership, limited 122
1073	1073	partnership, or limited liability partnership consisting of 123
1074	1074	partners licensed to practice the professions regulated by 124
1075	1075	this chapter for the purposes of providing services or work 125
1076	1076	constituting the practice of licensed interior design al ong 126
1077	1077	with the practice of architecture, as provided in section 127
1078	1078	327.091, the practice of professional engineering, as 128
1079	1079	provided in section 327.181, the practice of professional 129
1080	1080	land surveying, as provided in section 327.272, or the 130
1081	1081	practice of profession al landscape architecture, as defined 131
1082	1082	in section 327.600, or a general business corporation, 132
1083	1083	professional corporation, or limited liability company with 133
1084	1084	a certificate of authority issued pursuant to this chapter 134
1085	1085	that provides services or work constitut ing the practice of 135
1086	1086	licensed interior design; 136 SB 287 35
1087	1087	(10) "Responsible charge", the exercising, directing, 137
1088	1088	guiding, and restraining power of a licensed interior 138
1089	1089	designer over the preparation of an interior technical 139
1090	1090	submission, and the exercise of profe ssional judgment by a 140
1091	1091	licensed interior designer in all matters embodied in the 141
1092	1092	interior technical submission. The term "responsible 142
1093	1093	charge" shall not include the reviewing of interior 143
1094	1094	technical submissions prepared by another person unless the 144
1095	1095	licensed interior designer reviewing such interior technical 145
1096	1096	submissions actually exercises personal supervision and 146
1097	1097	direct control over the interior technical submission . 147
1098	1098	[324.402.] 327.705. The state or any county, 1
1099	1099	municipality, or othe r political subdivision shall not 2
1100	1100	require the use of a [registered] licensed interior designer 3
1101	1101	for any residential building, residential remodeling, 4
1102	1102	residential rehabilitation, or residential construction 5
1103	1103	purposes. 6
1104	1104	[324.403.] 327.710. 1. No person may use the name or 1
1105	1105	title, [registered] licensed interior designer, in this 2
1106	1106	state unless that person is [registered] licensed as 3
1107	1107	required by sections [324.400 to 324.439] 327.700 to 327.750. 4
1108	1108	2. A licensed interior designer shall u ndertake to 5
1109	1109	perform interior design services only when he or she is 6
1110	1110	qualified by education, training, and experience in the 7
1111	1111	specific technical areas involved. 8
1112	1112	3. Nothing in [sections 324.400 to 324.439 ] this 9
1113	1113	chapter shall be construed as limiting or preventing the 10
1114	1114	practice of a person's interior design profession or 11
1115	1115	restricting a person from providing interior design 12
1116	1116	services, provided such person does not indicate to the 13
1117	1117	public that such person is [registered] licensed as an 14 SB 287 36
1118	1118	interior designer pursuant to the provisions of sections 15
1119	1119	[324.400 to 324.439] 327.700 to 327.750. 16
1120	1120	4. Nothing in this chapter shall be construed as 17
1121	1121	preventing or restricting persons from engaging in 18
1122	1122	professional services limited to the design of kitchen and 19
1123	1123	bath spaces or the specification of products for kitchen and 20
1124	1124	bath spaces in noncommercial settings. 21
1125	1125	327.715. 1. A licensed interior designer shall not 1
1126	1126	sign and seal any interior technical submission that was not 2
1127	1127	prepared by or under the responsible charge of the licensed 3
1128	1128	interior designer, except that: 4
1129	1129	(1) The licensed interior designer may sign and seal 5
1130	1130	those portions of the interior technical submission that 6
1131	1131	were prepared by or under the responsible charge of another 7
1132	1132	licensed interior designer that has signed and sealed the 8
1133	1133	documents if the licensed interior designer has reviewed in 9
1134	1134	whole or in part such portions and has either coordinated 10
1135	1135	the preparation of or integrated such portions into the 11
1136	1136	interior design submission; 12
1137	1137	(2) The licensed interior designer may sign and seal 13
1138	1138	portions of any professional work that are not required by 14
1139	1139	this chapter to be prepared by or under the responsible 15
1140	1140	charge of a licensed interior designer if the licensed 16
1141	1141	interior designer has re viewed and adopted in whole or in 17
1142	1142	part such portions and has integrated them into the work. 18
1143	1143	The work associated with the combination of services in 19
1144	1144	connection with the design and construction of buildings 20
1145	1145	shall be provided by an architect licensed in accordance 21
1146	1146	with this chapter. If engineering or land surveying 22
1147	1147	services are required in association with an interior 23
1148	1148	nonstructural project being performed by a licensed interior 24
1149	1149	designer, the documents that have already been properly 25 SB 287 37
1150	1150	sealed by a professional engineer or professional land 26
1151	1151	surveyor may be compiled by a licensed interior designer. 27
1152	1152	Each design professional shall seal the respective documents 28
1153	1153	and shall not seal a document that was not prepared under 29
1154	1154	the design professional's responsib le charge. For all other 30
1155	1155	projects, engineering or land surveying services shall be 31
1156	1156	procured separately from the licensed interior designer; and 32
1157	1157	(3) A partner, owner, officer, member, or managing 33
1158	1158	agent of a professional design firm who has profess ional 34
1159	1159	knowledge of the contents of the interior technical 35
1160	1160	submissions and intends to be responsible for the adequacy 36
1161	1161	of the interior technical submissions may sign and seal 37
1162	1162	interior technical submissions that are prepared by or under 38
1163	1163	the responsible charge of a licensed interior designer who 39
1164	1164	is licensed in this state and who is in the regular 40
1165	1165	employment of the professional design firm of the partner, 41
1166	1166	owner, officer, member, or managing agent. 42
1167	1167	2. The licensed interior designer exercising 43
1168	1168	responsible charge under which the interior technical 44
1169	1169	submissions or portions of the interior technical 45
1170	1170	submissions were prepared shall be identified on the 46
1171	1171	interior technical submissions or portions of the interior 47
1172	1172	technical submissions by name and license number. Any 48
1173	1173	licensed interior designer who signs and seals interior 49
1174	1174	technical submissions not prepared by that licensed interior 50
1175	1175	designer but prepared under that licensed interior 51
1176	1176	designer's responsible charge by persons not regularly 52
1177	1177	employed in the same professional design firm as the 53
1178	1178	licensed interior designer shall maintain and make available 54
1179	1179	to the board upon request for at least five years following 55
1180	1180	such signing and sealing adequate and complete records 56
1181	1181	demonstrating the nature and extent o f the licensed interior 57 SB 287 38
1182	1182	designer's responsible charge over, and detailed 58
1183	1183	professional knowledge of, the interior technical 59
1184	1184	submissions throughout their preparation. 60
1185	1185	[324.409.] 327.720. 1. To be a [registered] licensed 1
1186	1186	interior designer, a person: 2
1187	1187	(1) Shall take and pass or have passed the examination 3
1188	1188	administered by the [National] Council for Interior Design 4
1189	1189	Qualification or an equivalent examination approved by the 5
1190	1190	[division] board. In addition to proof of passage of the 6
1191	1191	examination, the application shall provide substantial 7
1192	1192	evidence to the [division] board that the applicant: 8
1193	1193	(a) Is a graduate of a five -year or four-year 9
1194	1194	accredited degree program from a school of interior design 10
1195	1195	[program from an accredited insti tution] and has completed 11
1196	1196	at least two years of diversified and appropriate interior 12
1197	1197	design experience; or 13
1198	1198	(b) [Has completed at least three years of an interior 14
1199	1199	design curriculum from an accredited institution and has 15
1200	1200	completed at least three ye ars of diversified and 16
1201	1201	appropriate interior design experience; or 17
1202	1202	(c)] Is a graduate of a two -year accredited degree 18
1203	1203	program from a school of interior design [program from an 19
1204	1204	accredited institution ] and has completed at least four 20
1205	1205	years of diversified and appropriate interior design 21
1206	1206	experience; or 22
1207	1207	(2) May qualify who is currently [registered] licensed 23
1208	1208	pursuant to sections 327.091 to 327.171, and section 327.401 24
1209	1209	pertaining to the practice of architecture [and registered 25
1210	1210	with the division. Such applicant shall give authorization 26
1211	1211	to the division in order to verify current registration with 27
1212	1212	sections 327.091 to 327.171 and section 327.401 pertaining 28
1213	1213	to the practice of architecture ]. 29 SB 287 39
1214	1214	2. An applicant whose curriculum or transcript has 30
1215	1215	been approved by the board shall be exempt from the 31
1216	1216	requirement to provide substantial evidence that the 32
1217	1217	applicant meets paragraph (a) or (b) of subdivision (1) of 33
1218	1218	subsection 1 of this section. 34
1219	1219	3. The [division] board shall verify if an applicant 35
1220	1220	has complied with the provisions of this section and has 36
1221	1221	paid the required fees, then the [division] board shall 37
1222	1222	recommend such applicant be [registered] licensed as a 38
1223	1223	[registered] licensed interior designer by the [division] 39
1224	1224	board. 40
1225	1225	[324.415.] 327.725. Applications for [registration] 1
1226	1226	licensure as a [registered] licensed interior designer shall 2
1227	1227	be typewritten on forms prescribed by the [division] board 3
1228	1228	and furnished to the applicant. The application shall 4
1229	1229	contain the applicant' s statements showing the applicant's 5
1230	1230	education, experience, results of previous interior design 6
1231	1231	certification, registration , or licensing examinations, if 7
1232	1232	any, and such other pertinent information as the [division] 8
1233	1233	board may require, or architect's license or registration 9
1234	1234	number and such other pertinent information as the 10
1235	1235	[division] board may require. Each application shall 11
1236	1236	contain a statement that is made under oath or affirmation 12
1237	1237	and that the representations are true and correct to the 13
1238	1238	best knowledge and belief of the person signing the 14
1239	1239	application. The person shall be subject to the penalties 15
1240	1240	for making a false affidavit or declaration and shall be 16
1241	1241	accompanied by the required fee. 17
1242	1242	[324.418.] 327.730. 1. The [certificate of 1
1243	1243	registration] license issued biennially to a [registered] 2
1244	1244	licensed interior designer pursuant to sections [324.400 to 3
1245	1245	324.439] 327.700 to 327.750 shall be renewed on or before 4 SB 287 40
1246	1246	the [certificate] license renewal date accompanied by the 5
1247	1247	required fee. The [certificate of registration ] license of 6
1248	1248	a [registered] licensed interior designer which is not 7
1249	1249	renewed within three months after the [certificate] license 8
1250	1250	renewal date shall be suspended automatically, subject to 9
1251	1251	the right of the holder to have t he suspended [certificate 10
1252	1252	of registration] license reinstated within nine months of 11
1253	1253	the date of suspension if the person pays the required 12
1254	1254	reinstatement fee. Any [certificate of registration ] 13
1255	1255	license suspended and not reinstated within nine months of 14
1256	1256	the suspension date shall expire and be void and the holder 15
1257	1257	of such [certificate] license shall have no rights or 16
1258	1258	privileges provided to holders of valid [certificates] 17
1259	1259	licenses. Any person whose [certificate of registration ] 18
1260	1260	license has expired may, upon demonstration of current 19
1261	1261	qualifications and payment of required fees, be 20
1262	1262	[reregistered] relicensed or reauthorized under the person's 21
1263	1263	original [certificate of registration ] license number. 22
1264	1264	2. Each application for the renewal or reinstatement 23
1265	1265	of a [registration] license shall be on a form furnished to 24
1266	1266	the applicant and shall be accompanied by the required fees 25
1267	1267	[and proof of current completion of at least one unit every 26
1268	1268	two years of approved or verifiable continuing education in 27
1269	1269	interior design or architecture, immediately prior to such 28
1270	1270	renewal or reinstatement. Ten contact hours constitutes one 29
1271	1271	continuing education unit. Five contact hours of teaching 30
1272	1272	in interior design or architecture constitutes one 31
1273	1273	continuing education unit. One college course credit in 32
1274	1274	interior design or architecture constitutes one continuing 33
1275	1275	education unit]. 34
1276	1276	3. The board shall establish, by rule, continuing 35
1277	1277	education requirements as a condition to renewing or 36 SB 287 41
1278	1278	reinstating the license of an interior des igner that are 37
1279	1279	substantially equivalent to the continuing education 38
1280	1280	requirements for architects. 39
1281	1281	[324.427.] 327.735. It is unlawful for any person to 1
1282	1282	advertise or indicate to the public that the person is a 2
1283	1283	[registered] licensed interior designer in this state, 3
1284	1284	unless such person is [registered] licensed as a 4
1285	1285	[registered] licensed interior designer by the [division] 5
1286	1286	board and is in good standing pursuant to sections [324.400 6
1287	1287	to 324.439] 327.700 to 327.750. 7
1288	1288	[324.430.] 327.740. No person may use the designation 1
1289	1289	[registered] licensed interior designer in Missouri, unless 2
1290	1290	the [division] board has issued a current [certificate of 3
1291	1291	registration] license certifying that the person has been 4
1292	1292	duly [registered] licensed as a [registered] licensed 5
1293	1293	interior designer in Missouri and unless such [registration] 6
1294	1294	license has been renewed or reinstated as provided in 7
1295	1295	section [324.418] 327.730. 8
1296	1296	[324.433.] 327.745. The right to use the title of 1
1297	1297	[registered] licensed interior designer shall be deemed a 2
1298	1298	personal right, based upon the qualifications of the 3
1299	1299	individual, evidenced by the person's current [certificate 4
1300	1300	of registration] license and such [certificate] license is 5
1301	1301	not transferable; except that, a [registered] licensed 6
1302	1302	interior designer may perform the [interior designer's 7
1303	1303	profession] practice of licensed interior design through, or 8
1304	1304	as a member of, or as an employee of, a partnership or 9
1305	1305	corporation. 10
1306	1306	[324.439.] 327.750. [After twenty-four months after 1
1307	1307	August 28, 1998,] Any person who violates any provision of 2
1308	1308	sections [324.400 to 324.439] 327.700 to 327.750 shall be 3
1309	1309	guilty of a class A misdemeanor. 4 SB 287 42
1310	1310	537.033. 1. As used in this section, unless the 1
1311	1311	context clearly indicates otherwise, the following words and 2
1312	1312	terms shall have the meanings indicated: 3
1313	1313	(1) "Design professional", an architect, landscape 4
1314	1314	architect, professional land surveyor, [or] professional 5
1315	1315	engineer, or licensed interior designer licensed under the 6
1316	1316	provisions of chapter 327 or any professional design firm, 7
1317	1317	as defined in section 327.700, or corporation authorized to 8
1318	1318	practice architecture, landscape architecture, land 9
1319	1319	surveying, or engineering under section 327.401 while acting 10
1320	1320	within their scope of practice; 11
1321	1321	(2) "Lessons learned", internal meetings, classes, 12
1322	1322	publications in any medium, presentations, lectures, or 13
1323	1323	other means of teaching and communicating after substantial 14
1324	1324	completion of the project which are conducted solely and 15
1325	1325	exclusively by and with the employees, partners, and 16
1326	1326	coworkers of the design professional who prepared the 17
1327	1327	project's design for the purpose of learning best practices 18
1328	1328	and reducing errors and omissions in design documents and 19
1329	1329	procedures. Lessons learned shall not include 20
1330	1330	presentations, lectures, teaching, or communication made to 21
1331	1331	or by third parties who are not employees, partners, and 22
1332	1332	coworkers of the design professional whose work is being 23
1333	1333	evaluated and discussed; 24
1334	1334	(3) "Peer review process", a process through which 25
1335	1335	design professionals evaluate, maintain, or monitor the 26
1336	1336	quality and utilization of architectural, landscape 27
1337	1337	architectural, land surveying, [or] engineering services , or 28
1338	1338	interior design services , prepare internal lessons lea rned, 29
1339	1339	or exercise any combination of such responsibilities; 30
1340	1340	(4) "Substantial completion", the construction of the 31
1341	1341	project covered by the design professional's design 32 SB 287 43
1342	1342	documents has reached substantial completion, as that term 33
1343	1343	is defined in section 436.327. 34
1344	1344	2. A peer review process shall only be performed by a 35
1345	1345	design professional licensed in any jurisdiction in the 36
1346	1346	United States in the same profession as would be required 37
1347	1347	under chapter 327 to prepare the design documents being 38
1348	1348	reviewed, or in a case requiring multiple professions, by a 39
1349	1349	person or persons holding the proper licenses. A peer 40
1350	1350	review process may be performed by one or more design 41
1351	1351	professionals appointed by the partners, shareholders, board 42
1352	1352	of directors, chief executive offi cer, quality control 43
1353	1353	director, or employed design professionals of a professional 44
1354	1354	design firm, as such term is defined in section 327.700, or 45
1355	1355	of a partnership or of a corporation authorized under 46
1356	1356	section 327.401 to practice architecture, landscape 47
1357	1357	architecture, land surveying, or engineering, or by the 48
1358	1358	owner of a sole proprietorship engaged in one or more of 49
1359	1359	such professions. Any individual identified in this 50
1360	1360	subsection and performing a peer review shall be deemed a 51
1361	1361	peer reviewer. 52
1362	1362	3. Each peer reviewer described in this subsection 53
1363	1363	shall be immune from civil liability for such acts so long 54
1364	1364	as the acts are performed in good faith, without malice, and 55
1365	1365	are reasonably related to the scope of inquiry of the peer 56
1366	1366	review process. The immunity in this subsection is intended 57
1367	1367	to cover only outside peer reviews by a third -party design 58
1368	1368	professional who is not an employee, coworker, or partner of 59
1369	1369	the design professional whose design is being peer reviewed 60
1370	1370	before substantial completion of the projec t and who has no 61
1371	1371	other role in the project besides performing the peer review. 62
1372	1372	4. This section does not provide immunity to any in - 63
1373	1373	house peer reviewer when performed by employees, coworkers, 64 SB 287 44
1374	1374	or partners of the design professional who prepares the 65
1375	1375	design, nor are any such documents or peer review comments, 66
1376	1376	other than lessons learned, inadmissible into evidence in 67
1377	1377	any judicial or administrative action. 68
1378	1378	5. Except for documents related to lessons learned, 69
1379	1379	the interviews, memoranda, proceeding s, findings, 70
1380	1380	deliberations, reports, and minutes of the peer review 71
1381	1381	process, or the existence of the same, concerning the 72
1382	1382	professional services provided to a client or member of the 73
1383	1383	public are subject to discovery, subpoena, or other means of 74
1384	1384	legal compulsion for their release to any person or entity 75
1385	1385	and shall be admissible into evidence in any judicial or 76
1386	1386	administrative action for failure to provide appropriate 77
1387	1387	architectural, landscape architectural, land surveying, [or] 78
1388	1388	engineering, or interior design services, subject to 79
1389	1389	applicable rules of the court or tribunal. Except as 80
1390	1390	otherwise provided in this section, no person who was in 81
1391	1391	attendance at, or participated in, any lessons learned 82
1392	1392	process or proceedings shall be permitted or required to 83
1393	1393	disclose any information acquired in connection with or in 84
1394	1394	the course of such proceeding, or to disclose any opinion, 85
1395	1395	recommendation, or evaluation made in a lessons learned 86
1396	1396	process or proceeding; provided, however, that information 87
1397	1397	otherwise discoverab le or admissible from original sources 88
1398	1398	is not to be construed as immune from discovery or use in 89
1399	1399	any proceeding merely because it was presented during a 90
1400	1400	lessons learned process or proceeding nor is a member, 91
1401	1401	employee, or agent involved in any such proc ess or 92
1402	1402	proceeding, or other person appearing before a peer 93
1403	1403	reviewer, to be prevented from testifying as to matters 94
1404	1404	within his or her personal knowledge and in accordance with 95
1405	1405	the other provisions of this section, but such witness 96 SB 287 45
1406	1406	cannot be questioned about a lessons learned process or 97
1407	1407	proceeding or about opinions formed as a result of such 98
1408	1408	process or proceeding. The disclosure of any memoranda, 99
1409	1409	proceedings, reports, or minutes of a lessons learned 100
1410	1410	proceeding to any person or entity, including but not 101
1411	1411	limited to governmental agencies, professional accrediting 102
1412	1412	agencies, or other design professionals, whether proper or 103
1413	1413	improper, shall not waive or have any effect upon its 104
1414	1414	confidentiality, nondiscoverability, or nonadmissibility. 105
1415	1415	6. Nothing in this section shall limit authority 106
1416	1416	otherwise provided by law of the Missouri board for 107
1417	1417	architects, professional engineers, professional land 108
1418	1418	surveyors, [and] professional landscape architects , and 109
1419	1419	licensed interior designers to obtain information by 110
1420	1420	subpoena or other authorized process from a peer reviewer or 111
1421	1421	to require disclosure of otherwise confidential information 112
1422	1422	relating to matters and investigations within the 113
1423	1423	jurisdiction of such licensing board. 114
1424	1424	621.045. 1. The administrative hearing commission 1
1425	1425	shall conduct hearings and make findings of fact and 2
1426	1426	conclusions of law in those cases when, under the law, a 3
1427	1427	license issued by any of the following agencies may be 4
1428	1428	revoked or suspended or when the licensee may be placed on 5
1429	1429	probation or when an agency refuses to permit an applicant 6
1430	1430	to be examined upon his or her qualifications or refuses to 7
1431	1431	issue or renew a license of an applicant who has passed an 8
1432	1432	examination for licensure or who possesses the 9
1433	1433	qualifications for licensu re without examination: 10
1434	1434	Missouri State Board of Accountancy 11
1435	1435	Missouri State Board for Architects, Professional 12
1436	1436	Engineers, Professional Land Surveyors [and], Professional 13
1437	1437	Landscape Architects , and Licensed Interior Designers 14 SB 287 46
1438	1438	Board of Barber Examiners 15
1439	1439	Board of Cosmetology 16
1440	1440	Board of Chiropody and Podiatry 17
1441	1441	Board of Chiropractic Examiners 18
1442	1442	Missouri Dental Board 19
1443	1443	Board of Embalmers and Funeral Directors 20
1444	1444	Board of Registration for the Healing Arts 21
1445	1445	Board of Nursing 22
1446	1446	Board of Optometry 23
1447	1447	Board of Pharmacy 24
1448	1448	Missouri Real Estate Commission 25
1449	1449	Missouri Veterinary Medical Board 26
1450	1450	Supervisor of Liquor Control 27
1451	1451	Department of Health and Senior Services 28
1452	1452	Department of Commerce and Insurance 29
1453	1453	Department of Mental Health 30
1454	1454	Board of Private Investigator Examiners. 31
1455	1455	2. If in the future there are created by law any new 32
1456	1456	or additional administrative agencies which have the power 33
1457	1457	to issue, revoke, suspend, or place on probation any 34
1458	1458	license, then those agencies are under the provisions of 35
1459	1459	this law. 36
1460	1460	3. The administrative hearing commission is authorized 37
1461	1461	to conduct hearings and make findings of fact and 38
1462	1462	conclusions of law in those cases brought by the Missouri 39
1463	1463	state board for architects, profe ssional engineers, 40
1464	1464	professional land surveyors [and], professional landscape 41
1465	1465	architects, and licensed interior designers against 42
1466	1466	unlicensed persons under section 327.076. 43
1467	1467	4. Notwithstanding any other provision of this section 44
1468	1468	to the contrary, aft er August 28, 1995, in order to 45
1469	1469	encourage settlement of disputes between any agency 46 SB 287 47
1470	1470	described in subsection 1 or 2 of this section and its 47
1471	1471	licensees, any such agency shall: 48
1472	1472	(1) Provide the licensee with a written description of 49
1473	1473	the specific conduct for which discipline is sought and a 50
1474	1474	citation to the law and rules allegedly violated, together 51
1475	1475	with copies of any documents which are the basis thereof and 52
1476	1476	the agency's initial settlement offer, or file a contested 53
1477	1477	case against the licensee; 54
1478	1478	(2) If no contested case has been filed against the 55
1479	1479	licensee, allow the licensee at least sixty days, from the 56
1480	1480	date of mailing, to consider the agency's initial settlement 57
1481	1481	offer and to contact the agency to discuss the terms of such 58
1482	1482	settlement offer; 59
1483	1483	(3) If no contested case has been filed against the 60
1484	1484	licensee, advise the licensee that the licensee may, either 61
1485	1485	at the time the settlement agreement is signed by all 62
1486	1486	parties, or within fifteen days thereafter, submit the 63
1487	1487	agreement to the administr ative hearing commission for 64
1488	1488	determination that the facts agreed to by the parties to the 65
1489	1489	settlement constitute grounds for denying or disciplining 66
1490	1490	the license of the licensee; and 67
1491	1491	(4) In any contact under this subsection by the agency 68
1492	1492	or its counsel with a licensee who is not represented by 69
1493	1493	counsel, advise the licensee that the licensee has the right 70
1494	1494	to consult an attorney at the licensee's own expense. 71
1495	1495	5. If the licensee desires review by the 72
1496	1496	administrative hearing commission under subd ivision (3) of 73
1497	1497	subsection 4 of this section at any time prior to the 74
1498	1498	settlement becoming final, the licensee may rescind and 75
1499	1499	withdraw from the settlement and any admissions of fact or 76
1500	1500	law in the agreement shall be deemed withdrawn and not 77
1501	1501	admissible for any purposes under the law against the 78 SB 287 48
1502	1502	licensee. Any settlement submitted to the administrative 79
1503	1503	hearing commission shall not be effective and final unless 80
1504	1504	and until findings of fact and conclusions of law are 81
1505	1505	entered by the administrative hearing c ommission that the 82
1506	1506	facts agreed to by the parties to the settlement constitute 83
1507	1507	grounds for denying or disciplining the license of the 84
1508	1508	licensee. 85
1509	1509	6. When a holder of a license, registration, permit, 86
1510	1510	or certificate of authority issued by the divisio n of 87
1511	1511	professional registration or a board, commission, or 88
1512	1512	committee of the division of professional registration 89
1513	1513	against whom an affirmative decision is sought has failed to 90
1514	1514	plead or otherwise respond in the contested case and 91
1515	1515	adequate notice has been given under sections 536.067 and 92
1516	1516	621.100 upon a properly pled writing filed to initiate the 93
1517	1517	contested case under this chapter or chapter 536, a default 94
1518	1518	decision shall be entered against the licensee without 95
1519	1519	further proceedings. The default decision s hall grant such 96
1520	1520	relief as requested by the division of professional 97
1521	1521	registration, board, committee, commission, or office in the 98
1522	1522	writing initiating the contested case as allowed by law. 99
1523	1523	Upon motion stating facts constituting a meritorious defense 100
1524	1524	and for good cause shown, a default decision may be set 101
1525	1525	aside. The motion shall be made within a reasonable time, 102
1526	1526	not to exceed thirty days after entry of the default 103
1527	1527	decision. "Good cause" includes a mistake or conduct that 104
1528	1528	is not intentionally or reck lessly designed to impede the 105
1529	1529	administrative process. 106
1530	1530	[324.406. 1. There is hereby created 1
1531	1531	within the division of professional registration 2
1532	1532	a council to be known as the "Interior Design 3
1533	1533	Council". The council shall consist of four 4
1534	1534	interior designers and one public member 5 SB 287 49
1535	1535	appointed by the director of the division. The 6
1536	1536	director shall give due consideration to the 7
1537	1537	recommendations by state organizations of the 8
1538	1538	interior design profession for the appointment 9
1539	1539	of the interior design members to the council. 10
1540	1540	Council members shall be appointed to serve a 11
1541	1541	term of four years; except that of the members 12
1542	1542	first appointed, one interior design member and 13
1543	1543	the public member shall be appointed for terms 14
1544	1544	of four years, one member shall be app ointed for 15
1545	1545	a term of three years, one member shall be 16
1546	1546	appointed for a term of two years and one member 17
1547	1547	shall be appointed for a term of one year. No 18
1548	1548	member of the council shall serve more than two 19
1549	1549	terms. 20
1550	1550	2. Each council member, other than the 21
1551	1551	public member, shall be a citizen of the United 22
1552	1552	States, a resident of the state of Missouri for 23
1553	1553	at least one year, meet the qualifications for 24
1554	1554	professional registration, practice interior 25
1555	1555	design as the person's principal livelihood and, 26
1556	1556	except for the first members appointed, be 27
1557	1557	registered pursuant to sections 324.400 to 28
1558	1558	324.439 as an interior designer. 29
1559	1559	3. The public member shall be, at the time 30
1560	1560	of such person's appointment, a citizen of the 31
1561	1561	United States, a registered voter, a person who 32
1562	1562	is not and never was a member of the profession 33
1563	1563	regulated by sections 324.400 to 324.439 or the 34
1564	1564	spouse of such a person and a person who does 35
1565	1565	not have and never has had a material financial 36
1566	1566	interest in the providing of the professional 37
1567	1567	services regulated by sections 324.400 to 38
1568	1568	324.439. The duties of the public member shall 39
1569	1569	not include the determination of the technical 40
1570	1570	requirements for the registration of persons as 41
1571	1571	interior designers. 42
1572	1572	4. The provisions of section 324.028 43
1573	1573	pertaining to member s of certain state boards 44
1574	1574	and commissions shall apply to all members of 45
1575	1575	the council. 46
1576	1576	5. Members of the council may be removed 47
1577	1577	from office for cause. Upon the death, 48
1578	1578	resignation or removal from office of any member 49 SB 287 50
1579	1579	of the council, the appointmen t to fill the 50
1580	1580	vacancy shall be for the unexpired portion of 51
1581	1581	the term so vacated and shall be filled in the 52
1582	1582	same manner as the first appointment and due 53
1583	1583	notice be given to the state organizations of 54
1584	1584	the interior design profession prior to the 55
1585	1585	appointment. 56
1586	1586	6. Each member of the council may receive 57
1587	1587	as compensation an amount set by the division 58
1588	1588	not to exceed fifty dollars per day and shall be 59
1589	1589	reimbursed for the member's reasonable and 60
1590	1590	necessary expenses incurred in the official 61
1591	1591	performance of the member's duties as a member 62
1592	1592	of the council. The director shall establish by 63
1593	1593	rule guidelines for payment. 64
1594	1594	7. The council shall meet at least twice 65
1595	1595	each year and guide, advise, and make 66
1596	1596	recommendations to the division on matters 67
1597	1597	within the scope of sections 324.400 to 68
1598	1598	324.439. The organization of the council shall 69
1599	1599	be established by the members of the council. ] 70
1600	1600	[324.412. The division shall: 1
1601	1601	(1) Employ, within the limits of the 2
1602	1602	appropriations for that purpose, such e mployees 3
1603	1603	as are necessary to carry out the provisions of 4
1604	1604	sections 324.400 to 324.439; 5
1605	1605	(2) Exercise all budgeting, purchasing, 6
1606	1606	reporting and other related management functions; 7
1607	1607	(3) Recommend prosecution for violations 8
1608	1608	of sections 324.400 to 324.439 to the 9
1609	1609	appropriate prosecuting or circuit attorney; 10
1610	1610	(4) Promulgate such rules and regulations 11
1611	1611	as are necessary to administer the provisions of 12
1612	1612	sections 324.400 to 324.439. Any rule or 13
1613	1613	portion of a rule, as that term is defined in 14
1614	1614	section 536.010, that is promulgated to 15
1615	1615	administer and enforce sections 324.400 to 16
1616	1616	324.439, shall become effective only if the 17
1617	1617	agency has fully complied with all of the 18
1618	1618	requirements of chapter 536, including but not 19
1619	1619	limited to, section 536.028, if applicabl e, 20
1620	1620	after August 28, 1998. If the provisions of 21
1621	1621	section 536.028 apply, the provisions of this 22 SB 287 51
1622	1622	section are nonseverable and if any of the 23
1623	1623	powers vested with the general assembly pursuant 24
1624	1624	to section 536.028 to review, to delay the 25
1625	1625	effective date, or to disapprove and annul a 26
1626	1626	rule or portion of a rule are held 27
1627	1627	unconstitutional or invalid, the purported grant 28
1628	1628	of rulemaking authority and any rule so proposed 29
1629	1629	and contained in the order of rulemaking shall 30
1630	1630	be invalid and void, except that nothing in thi s 31
1631	1631	section shall affect the validity of any rule 32
1632	1632	adopted and promulgated prior to August 28, 33
1633	1633	1998.] 34
1634	1634	[324.421. The division shall register 1
1635	1635	without examination any interior designer 2
1636	1636	certified, licensed or registered in a foreign 3
1637	1637	country if the applicant has qualifications 4
1638	1638	which are at least equivalent to the 5
1639	1639	requirements for registration as a registered 6
1640	1640	interior designer in this state and such 7
1641	1641	applicant pays the required fees. ] 8
1642	1642	[324.424. 1. The division shall set the 1
1643	1643	amount of the fees authorized by sections 2
1644	1644	324.400 to 324.439 by rules and regulations. 3
1645	1645	The fees shall be set at a level to produce 4
1646	1646	revenue which shall not substantially exceed the 5
1647	1647	cost and expense of administering sections 6
1648	1648	324.400 to 324.439. All fees required pursuant 7
1649	1649	to sections 324.400 to 324.439 shall be paid to 8
1650	1650	and collected by the division of professional 9
1651	1651	registration and transmitted to the department 10
1652	1652	of revenue for deposit in the state treasury to 11
1653	1653	the credit of the "Interior Desi gner Council 12
1654	1654	Fund", which is hereby created. 13
1655	1655	2. Notwithstanding the provisions of 14
1656	1656	section 33.080 to the contrary, money in the 15
1657	1657	fund shall not be transferred and placed to the 16
1658	1658	credit of general revenue until the amount in 17
1659	1659	the fund at the end of t he biennium exceeds 18
1660	1660	three times the amount of the appropriation to 19
1661	1661	the council for the preceding fiscal year. The 20
1662	1662	amount, if any, in the fund which shall lapse is 21
1663	1663	the amount in the fund which exceeds the 22 SB 287 52
1664	1664	appropriate multiple of the appropriations to 23
1665	1665	the council for the preceding fiscal year. ] 24
1666	1666	[324.436. 1. The division may refuse to 1
1667	1667	issue any certificate required pursuant to 2
1668	1668	sections 324.400 to 324.439, or renew or 3
1669	1669	reinstate any such certificate, for any one or 4
1670	1670	any combination of the reasons stated in 5
1671	1671	subsection 2 of this section. The division 6
1672	1672	shall notify the applicant in writing of the 7
1673	1673	reasons for the refusal and shall advise the 8
1674	1674	applicant of the person's right to file a 9
1675	1675	complaint with the administrative hearing 10
1676	1676	commission as provided in chapter 621. 11
1677	1677	2. The division may cause a complaint to 12
1678	1678	be filed with the administrative hearing 13
1679	1679	commission as provided by chapter 621 against 14
1680	1680	any holder of a certificate of registration 15
1681	1681	required by sections 324.400 to 324.439 o r any 16
1682	1682	person who has failed to renew or has 17
1683	1683	surrendered the person's certificate of 18
1684	1684	registration for any one or combination of the 19
1685	1685	following reasons: 20
1686	1686	(1) The person has been finally 21
1687	1687	adjudicated and found guilty, or entered a plea 22
1688	1688	of guilty or nolo contendere, in a criminal 23
1689	1689	prosecution under the laws of any state or of 24
1690	1690	the United States, or of any country, for any 25
1691	1691	offense directly related to the duties and 26
1692	1692	responsibilities of the occupation, as set forth 27
1693	1693	in section 324.012, regardless of whe ther or not 28
1694	1694	sentence is imposed; 29
1695	1695	(2) Use of fraud, deception, 30
1696	1696	misrepresentation or bribery in securing any 31
1697	1697	certificate of registration issued pursuant to 32
1698	1698	sections 324.400 to 324.439 or in obtaining 33
1699	1699	permission to take any examination given or 34
1700	1700	required pursuant to sections 324.400 to 324.439; 35
1701	1701	(3) Obtaining or attempting to obtain any 36
1702	1702	fee, charge, tuition or other compensation by 37
1703	1703	fraud, deception or misrepresentation; 38
1704	1704	(4) Incompetency, misconduct, gross 39
1705	1705	negligence, fraud, misrepresen tation or 40
1706	1706	dishonesty in the performance of the functions 41 SB 287 53
1707	1707	or duties of the profession regulated by 42
1708	1708	sections 324.400 to 324.439; 43
1709	1709	(5) Violation of, or assisting or enabling 44
1710	1710	any person to violate, any provision of sections 45
1711	1711	324.400 to 324.439, or of any lawful rule or 46
1712	1712	regulation adopted pursuant to such sections; 47
1713	1713	(6) Impersonation of any person holding a 48
1714	1714	certificate of registration or authority, permit 49
1715	1715	or license or allowing any person to use the 50
1716	1716	person's certificate or diploma from any scho ol; 51
1717	1717	(7) Disciplinary action against the holder 52
1718	1718	of a certificate of registration or other right 53
1719	1719	to perform the profession regulated by sections 54
1720	1720	324.400 to 324.439 granted by another state, 55
1721	1721	territory, federal agency or country upon 56
1722	1722	grounds for which revocation or suspension is 57
1723	1723	authorized in this state; 58
1724	1724	(8) A person is finally adjudged insane or 59
1725	1725	incompetent by a court of competent jurisdiction; 60
1726	1726	(9) Issuance of a certificate of 61
1727	1727	registration based upon a material mistake of 62
1728	1728	fact; 63
1729	1729	(10) Use of any advertisement or 64
1730	1730	solicitation which is false, misleading or 65
1731	1731	deceptive to the general public or persons to 66
1732	1732	whom the advertisement or solicitation is 67
1733	1733	primarily directed, as it relates to the 68
1734	1734	interior design profession. 69
1735	1735	3. After the filing of a complaint 70
1736	1736	pursuant to subsection 2 of this section, the 71
1737	1737	proceedings shall be conducted in accordance 72
1738	1738	with the provisions of chapter 536 and chapter 73
1739	1739	621. Upon a finding by the administrative 74
1740	1740	hearing commission that the grounds, provided in 75
1741	1741	subsection 2 of this section, for disciplinary 76
1742	1742	action are met, the division shall censure or 77
1743	1743	place the person named in the complaint on 78
1744	1744	probation for a period not to exceed five years 79
1745	1745	or may suspend the person's certificate for a 80
1746	1746	period not to exceed three years or may revoke 81
1747	1747	the person's certificate of registration. ] 82
1748	1748	