| 36 | | - | this section to take and pass the examination specific to 17 |
|---|
| 37 | | - | the occupation or profession which is required for licensure 18 |
|---|
| 38 | | - | by those individuals applying pursuant to the provisions of 19 |
|---|
| 39 | | - | the oversight body's statut ory and regulatory authority. An 20 |
|---|
| 40 | | - | oversight body that administers an examination on the laws 21 |
|---|
| 41 | | - | of this state as part of its licensing application 22 |
|---|
| 42 | | - | requirements may require an applicant under this section to 23 |
|---|
| 43 | | - | take and pass an examination specific to the law s of this 24 |
|---|
| 44 | | - | state. 25 |
|---|
| 45 | | - | 3. The oversight body shall not issue a one -time 26 |
|---|
| 46 | | - | nonrenewable temporary license to any applicant described in 27 |
|---|
| 47 | | - | subsection 1 of this section who has had any license in the 28 |
|---|
| 48 | | - | relevant occupation or profession revoked by an oversight 29 |
|---|
| 49 | | - | body outside of this state, who is currently under 30 |
|---|
| 50 | | - | investigation, who has a complaint pending, or who is 31 |
|---|
| 51 | | - | currently under disciplinary action. 32 |
|---|
| 52 | | - | 4. Applicants for the one -time nonrenewable temporary 33 |
|---|
| 53 | | - | license shall be citizens of the United States and shall 34 |
|---|
| 54 | | - | submit legal proof of citizenship as part of the application. 35 |
|---|
| 55 | | - | 5. If an applicant is not currently residing in this 36 |
|---|
| 56 | | - | state, the oversight board shall conditionally approve the 37 |
|---|
| 57 | | - | application contingent upon receipt of proof of domicile in 38 |
|---|
| 58 | | - | this state within ninety days of the applicant receiving the 39 |
|---|
| 59 | | - | temporary license. If the applicant fails to provide proof 40 |
|---|
| 60 | | - | within ninety days of receiving the temporary license, the 41 |
|---|
| 61 | | - | oversight board may terminate the temporary license and the 42 |
|---|
| 62 | | - | applicant may reapply for a temporary license. 43 |
|---|
| 63 | | - | 6. The provisions of this section shall not apply to 44 |
|---|
| 64 | | - | the following: 45 SS SB 61 3 |
|---|
| 65 | | - | (1) Any occupation whose oversight body has entered 46 |
|---|
| 66 | | - | into a licensing compact with another state for the 47 |
|---|
| 67 | | - | regulation of practice under the oversig ht body's 48 |
|---|
| 68 | | - | jurisdiction. The provisions of this section shall not be 49 |
|---|
| 69 | | - | construed to alter the authority granted by, or any 50 |
|---|
| 70 | | - | requirements promulgated pursuant to, any 51 |
|---|
| 71 | | - | interjurisdictional or interstate compacts adopted by this 52 |
|---|
| 72 | | - | state or any reciprocity agre ements with other states, and 53 |
|---|
| 73 | | - | whenever possible the provisions of this section shall be 54 |
|---|
| 74 | | - | interpreted so as to imply no conflict between it and any 55 |
|---|
| 75 | | - | compact or any reciprocity agreement with other states; 56 |
|---|
| 76 | | - | (2) Any occupation set forth in subsection 6 of 57 |
|---|
| 77 | | - | section 290.257 or any electrical contractor licensed under 58 |
|---|
| 78 | | - | sections 324.900 to 324.945; 59 |
|---|
| 79 | | - | (3) Any occupation whose regulators or licensees are 60 |
|---|
| 80 | | - | required to comply with specific federal statutory, 61 |
|---|
| 81 | | - | regulatory, and administrative requirements in or der to 62 |
|---|
| 82 | | - | practice in this state; or 63 |
|---|
| 83 | | - | (4) Assistant physicians licensed under chapter 334. 64 |
|---|
| 84 | | - | 7. The one-time nonrenewable temporary license shall 65 |
|---|
| 85 | | - | expire after two years. Upon expiration, the individual 66 |
|---|
| 86 | | - | shall be required to apply for a permanent l icense in 67 |
|---|
| 87 | | - | accordance with the license requirements for the occupation 68 |
|---|
| 88 | | - | for which he or she held the temporary license. 69 |
|---|
| 89 | | - | 8. Notwithstanding any other provision of law to the 70 |
|---|
| 90 | | - | contrary, a license issued under this section shall be valid 71 |
|---|
| 91 | | - | only in this state and shall not make a licensee eligible to 72 |
|---|
| 92 | | - | be part of an interstate compact. An applicant who is 73 |
|---|
| 93 | | - | licensed in another state pursuant to an interstate compact 74 |
|---|
| 94 | | - | shall not be eligible for licensure by an oversight body 75 |
|---|
| 95 | | - | under the provisions of this sect ion. 76 SS SB 61 4 |
|---|
| 96 | | - | 9. Notwithstanding any other provision of law to the 77 |
|---|
| 97 | | - | contrary, a license issued under this section shall be valid 78 |
|---|
| 98 | | - | only in this state and shall not make a licensee eligible to 79 |
|---|
| 99 | | - | obtain a license by reciprocity in another state. 80 |
|---|
| 100 | | - | 10. As used in this section, the term "oversight body" 81 |
|---|
| 101 | | - | means any board, department, agency, or office of a 82 |
|---|
| 102 | | - | jurisdiction that issues occupational or professional 83 |
|---|
| 103 | | - | licenses. 84 |
|---|
| 104 | | - | 11. The division of professional registration may 85 |
|---|
| 105 | | - | promulgate rules to implement the pr ovisions of this 86 |
|---|
| 106 | | - | section. Any rule or portion of a rule, as that term is 87 |
|---|
| 107 | | - | defined in section 536.010, that is created under the 88 |
|---|
| 108 | | - | authority delegated in this section shall become effective 89 |
|---|
| 109 | | - | only if it complies with and is subject to all of the 90 |
|---|
| 110 | | - | provisions of chapter 536 and, if applicable, section 91 |
|---|
| 111 | | - | 536.028. This section and chapter 536 are nonseverable and 92 |
|---|
| 112 | | - | if any of the powers vested with the general assembly 93 |
|---|
| 113 | | - | pursuant to chapter 536 to review, to delay the effective 94 |
|---|
| 114 | | - | date, or to disapprove and annul a r ule are subsequently 95 |
|---|
| 115 | | - | held unconstitutional, then the grant of rulemaking 96 |
|---|
| 116 | | - | authority and any rule proposed or adopted after August 28, 97 |
|---|
| 117 | | - | 2025, shall be invalid and void. 98 |
|---|
| 118 | | - | 324.009. 1. For purposes of this section, the 1 |
|---|
| 119 | | - | following terms mean: 2 |
|---|
| 120 | | - | (1) "License", a license, certificate, registration, 3 |
|---|
| 121 | | - | permit, accreditation, or military occupational speciality 4 |
|---|
| 122 | | - | that enables a person to legally practice an occupation or 5 |
|---|
| 123 | | - | profession in a particular jurisdiction; 6 |
|---|
| 124 | | - | (2) "Military", the Armed Forces of the United States 7 |
|---|
| 125 | | - | including the Air Force, Army, Coast Guard, Marine Corps, 8 |
|---|
| 126 | | - | Navy, Space Force, National Guard and any other military 9 |
|---|
| 127 | | - | branch that is designated by Congress as part of the Armed 10 SS SB 61 5 |
|---|
| 128 | | - | Forces of the United States, and all reserve compo nents and 11 |
|---|
| 129 | | - | auxiliaries. Such term also includes the military reserves 12 |
|---|
| 130 | | - | and militia of any United States territory or state; 13 |
|---|
| 131 | | - | (3) "Missouri law enforcement officer", any person 14 |
|---|
| 132 | | - | employed by or otherwise serving in a position for the state 15 |
|---|
| 133 | | - | or a local governmental entity in the state of Missouri as a 16 |
|---|
| 134 | | - | police officer, peace officer certified under chapter 590, 17 |
|---|
| 135 | | - | auxiliary police officer, sheriff, sheriff's deputy, member 18 |
|---|
| 136 | | - | of the patrol as that term is defined in section 43.010, or 19 |
|---|
| 137 | | - | in some like position i nvolving the enforcement of the law 20 |
|---|
| 138 | | - | and protection of the public interest at the risk of that 21 |
|---|
| 139 | | - | person's life and who is a permanent resident of the state 22 |
|---|
| 140 | | - | of Missouri or who is domiciled in the state of Missouri; 23 |
|---|
| 141 | | - | (4) "Nonresident military or law enforcement 24 |
|---|
| 142 | | - | spouse"[,]: 25 |
|---|
| 143 | | - | (a) A nonresident spouse of an active duty member of 26 |
|---|
| 144 | | - | the Armed Forces of the United States who has been 27 |
|---|
| 145 | | - | transferred or is scheduled to be transferred to the state 28 |
|---|
| 146 | | - | of Missouri, or who has been transferred or is scheduled to 29 |
|---|
| 147 | | - | be transferred to an adjacent state and is or will be 30 |
|---|
| 148 | | - | domiciled in the state of Missouri, or has moved to the 31 |
|---|
| 149 | | - | state of Missouri on a permanent change -of-station basis; or 32 |
|---|
| 150 | | - | (b) A nonresident spouse of a person residing outside 33 |
|---|
| 151 | | - | the state of Missouri w ho has accepted an offer of 34 |
|---|
| 152 | | - | employment with the state or a local governmental entity in 35 |
|---|
| 153 | | - | the state of Missouri and who will become a Missouri law 36 |
|---|
| 154 | | - | enforcement officer upon the commencement of such employment; 37 |
|---|
| 155 | | - | [(4)] (5) "Oversight body", any board, d epartment, 38 |
|---|
| 156 | | - | agency, or office of a jurisdiction that issues licenses; 39 |
|---|
| 157 | | - | [(5)] (6) "Resident military or law enforcement 40 |
|---|
| 158 | | - | spouse", a spouse of an active duty member of the Armed 41 |
|---|
| 159 | | - | Forces of the United States who has been transferred or is 42 SS SB 61 6 |
|---|
| 160 | | - | scheduled to be transferred to the state of Missouri or an 43 |
|---|
| 161 | | - | adjacent state and who is a permanent resident of the state 44 |
|---|
| 162 | | - | of Missouri, who is domiciled in the state of Missouri, or 45 |
|---|
| 163 | | - | who has Missouri as his or her home of record , or a spouse 46 |
|---|
| 164 | | - | of a Missouri law enforcement officer. 47 |
|---|
| 165 | | - | 2. Any person who holds a valid current license issued 48 |
|---|
| 166 | | - | by another state, a branch or unit of the military, a 49 |
|---|
| 167 | | - | territory of the United States, or the District of Columbia, 50 |
|---|
| 168 | | - | and who has been licensed for at least one year in such 51 |
|---|
| 169 | | - | other jurisdiction, may submit an application for a license 52 |
|---|
| 170 | | - | in Missouri in the same occupation or profession, and at the 53 |
|---|
| 171 | | - | same practice level, for which he or she holds the current 54 |
|---|
| 172 | | - | license, along with proof of current licensure and proof of 55 |
|---|
| 173 | | - | licensure for at least one year in the other jurisdiction, 56 |
|---|
| 174 | | - | to the relevant oversight body in this state. 57 |
|---|
| 175 | | - | 3. The oversight body in this state shall: 58 |
|---|
| 176 | | - | (1) Within six months of receiving an application 59 |
|---|
| 177 | | - | described in subsection 2 of this section, waive any 60 |
|---|
| 178 | | - | examination, educational, or experience requirements for 61 |
|---|
| 179 | | - | licensure in this state for the applicant if it determines 62 |
|---|
| 180 | | - | that there were minimum education requirements and, if 63 |
|---|
| 181 | | - | applicable, work experience and clinical supervision 64 |
|---|
| 182 | | - | requirements in effect and the other sta te verifies that the 65 |
|---|
| 183 | | - | person met those requirements in order to be licensed or 66 |
|---|
| 184 | | - | certified in that state. An oversight body that administers 67 |
|---|
| 185 | | - | an examination on laws of this state as part of its 68 |
|---|
| 186 | | - | licensing application requirement may require an applicant 69 |
|---|
| 187 | | - | to take and pass an examination specific to the laws of this 70 |
|---|
| 188 | | - | state; or 71 |
|---|
| 189 | | - | (2) Within thirty days of receiving an application 72 |
|---|
| 190 | | - | described in subsection 2 of this section from a nonresident 73 |
|---|
| 191 | | - | military or law enforcement spouse or a resident military or 74 SS SB 61 7 |
|---|
| 192 | | - | law enforcement spouse, waive any examination, educational, 75 |
|---|
| 193 | | - | or experience requirements for licensure in this state for 76 |
|---|
| 194 | | - | the applicant and issue such applicant a license under this 77 |
|---|
| 195 | | - | section if such applicant otherwise meets the requirements 78 |
|---|
| 196 | | - | of this section. 79 |
|---|
| 197 | | - | 4. (1) The oversight body shall not waive any 80 |
|---|
| 198 | | - | examination, educational, or experience requirements for any 81 |
|---|
| 199 | | - | applicant who has had his or her license revoked by an 82 |
|---|
| 200 | | - | oversight body outside the state; who is currently under 83 |
|---|
| 201 | | - | investigation, who has a c omplaint pending, or who is 84 |
|---|
| 202 | | - | currently under disciplinary action, except as provided in 85 |
|---|
| 203 | | - | subdivision (2) of this subsection, with an oversight body 86 |
|---|
| 204 | | - | outside the state; who does not hold a license in good 87 |
|---|
| 205 | | - | standing with an oversight body outside the state; who has a 88 |
|---|
| 206 | | - | criminal record that would disqualify him or her for 89 |
|---|
| 207 | | - | licensure in Missouri; or who does not hold a valid current 90 |
|---|
| 208 | | - | license in the other jurisdiction on the date the oversight 91 |
|---|
| 209 | | - | body receives his or her application under this section. 92 |
|---|
| 210 | | - | (2) If another jurisdiction has taken disciplinary 93 |
|---|
| 211 | | - | action against an applicant, the oversight body shall 94 |
|---|
| 212 | | - | determine if the cause for the action was corrected and the 95 |
|---|
| 213 | | - | matter resolved. If the matter has not been resolved by 96 |
|---|
| 214 | | - | that jurisdiction, the oversight bod y may deny a license 97 |
|---|
| 215 | | - | until the matter is resolved. 98 |
|---|
| 216 | | - | 5. Nothing in this section shall prohibit the 99 |
|---|
| 217 | | - | oversight body from denying a license to an applicant under 100 |
|---|
| 218 | | - | this section for any reason described in any section 101 |
|---|
| 219 | | - | associated with the occupation or pr ofession for which the 102 |
|---|
| 220 | | - | applicant seeks a license. 103 |
|---|
| 221 | | - | 6. Any person who is licensed under the provisions of 104 |
|---|
| 222 | | - | this section shall be subject to the applicable oversight 105 |
|---|
| 223 | | - | body's jurisdiction and all rules and regulations pertaining 106 SS SB 61 8 |
|---|
| 224 | | - | to the practice of the licensed occupation or profession in 107 |
|---|
| 225 | | - | this state. 108 |
|---|
| 226 | | - | 7. This section shall not be construed to waive any 109 |
|---|
| 227 | | - | requirement for an applicant to pay any fees, post any bonds 110 |
|---|
| 228 | | - | or surety bonds, or submit proof of insurance associated 111 |
|---|
| 229 | | - | with the license the applic ant seeks. 112 |
|---|
| 230 | | - | 8. This section shall not apply to business, 113 |
|---|
| 231 | | - | professional, or occupational licenses issued or required by 114 |
|---|
| 232 | | - | political subdivisions. 115 |
|---|
| 233 | | - | 9. The provisions of this section shall not impede an 116 |
|---|
| 234 | | - | oversight body's authority to require an appli cant to submit 117 |
|---|
| 235 | | - | fingerprints as part of the application process. 118 |
|---|
| 236 | | - | 10. [The provisions of this section shall not apply to 119 |
|---|
| 237 | | - | an oversight body that has entered into a licensing compact 120 |
|---|
| 238 | | - | with another state for the regulation of practice under the 121 |
|---|
| 239 | | - | oversight body's jurisdiction. ] The provisions of this 122 |
|---|
| 240 | | - | section shall not be construed to alter the authority 123 |
|---|
| 241 | | - | granted by, or any requirements promulgated pursuant to, any 124 |
|---|
| 242 | | - | interjurisdictional or interstate compacts adopted by 125 |
|---|
| 243 | | - | Missouri statute or any reciprocit y agreements with other 126 |
|---|
| 244 | | - | states in effect [on August 28, 2018], and whenever possible 127 |
|---|
| 245 | | - | this section shall be interpreted so as to imply no conflict 128 |
|---|
| 246 | | - | between it and any compact, or any reciprocity agreements 129 |
|---|
| 247 | | - | with other states in effect [on August 28, 2018]. 130 |
|---|
| 248 | | - | 11. Notwithstanding any other provision of law, a 131 |
|---|
| 249 | | - | license issued under this section shall be valid only in 132 |
|---|
| 250 | | - | this state and shall not make a licensee eligible to be part 133 |
|---|
| 251 | | - | of an interstate compact. An applicant who is licensed in 134 |
|---|
| 252 | | - | another state pursuant to an interstate compact shall not be 135 |
|---|
| 253 | | - | eligible for licensure by an oversight body under the 136 |
|---|
| 254 | | - | provisions of this section. 137 SS SB 61 9 |
|---|
| 255 | | - | 12. The provisions of this section shall not apply to 138 |
|---|
| 256 | | - | any occupation set forth in subsection 6 of section 290.257, 139 |
|---|
| 257 | | - | or any electrical contractor licensed under sections 324.900 140 |
|---|
| 258 | | - | to 324.945. 141 |
|---|
| 259 | | - | 334.031. 1. Candidates for licenses as physicians and 1 |
|---|
| 260 | | - | surgeons shall furnish [satisfactory evidence of their good 2 |
|---|
| 261 | | - | moral character, and their preliminary qualificati ons, to 3 |
|---|
| 262 | | - | wit: a certificate of graduation from an accredited high 4 |
|---|
| 263 | | - | school or its equivalent, and satisfactory evidence of 5 |
|---|
| 264 | | - | completion of preprofessional education consisting of a 6 |
|---|
| 265 | | - | minimum of sixty semester hours of college credits in 7 |
|---|
| 266 | | - | acceptable subjects leading towards the degree of bachelor 8 |
|---|
| 267 | | - | of arts or bachelor of science from an accredited college or 9 |
|---|
| 268 | | - | university. They shall also furnish satisfactory evidence 10 |
|---|
| 269 | | - | of having attended throughout at least four terms of thirty - 11 |
|---|
| 270 | | - | two weeks of actual instructions in each term and of having 12 |
|---|
| 271 | | - | received a diploma from some reputable medical college or 13 |
|---|
| 272 | | - | osteopathic college that enforces requirements of four terms 14 |
|---|
| 273 | | - | of thirty-two weeks for actual instruction in each term, 15 |
|---|
| 274 | | - | including, in addition to class work, such experi ence in 16 |
|---|
| 275 | | - | operative and hospital work during the last two years of 17 |
|---|
| 276 | | - | instruction as is required by the American Medical 18 |
|---|
| 277 | | - | Association and the American Osteopathic Association before 19 |
|---|
| 278 | | - | the college is approved and accredited as reputable. Any 20 |
|---|
| 279 | | - | medical college approved and accredited as reputable by the 21 |
|---|
| 280 | | - | American Medical Association or the Liaison Committee on 22 |
|---|
| 281 | | - | Medical Education and any osteopathic college approved and 23 |
|---|
| 282 | | - | accredited as reputable by the American Osteopathic 24 |
|---|
| 283 | | - | Association is deemed to have complied wi th the requirements 25 |
|---|
| 284 | | - | of this subsection]: 26 |
|---|
| 285 | | - | (1) Evidence of good moral character by submitting to 27 |
|---|
| 286 | | - | a criminal background check as provided in section 43.540; 28 SS SB 61 10 |
|---|
| 287 | | - | (2) A diploma and academic transcripts from a school 29 |
|---|
| 288 | | - | accredited by the Liaison Committe e on Medical Education, 30 |
|---|
| 289 | | - | the Commission on Osteopathic College Accreditation, the 31 |
|---|
| 290 | | - | Educational Commission for Foreign Medical Graduates 32 |
|---|
| 291 | | - | (ECFMG), or a similar accrediting agency; and 33 |
|---|
| 292 | | - | (3) A certificate demonstrating that the applicant has 34 |
|---|
| 293 | | - | satisfied the requirements of section 334.035. An applicant 35 |
|---|
| 294 | | - | who holds a valid certificate issued by the ECFMG shall 36 |
|---|
| 295 | | - | submit satisfactory evidence of successful completion of two 37 |
|---|
| 296 | | - | years of such training. Except as provided in subsection 3 38 |
|---|
| 297 | | - | of this section, the boar d shall not require applicants to 39 |
|---|
| 298 | | - | provide information regarding the internship or resident 40 |
|---|
| 299 | | - | training in addition to what the applicant is required to 41 |
|---|
| 300 | | - | furnish by this subsection . 42 |
|---|
| 301 | | - | 2. In determining the qualifications necessary for 43 |
|---|
| 302 | | - | licensure as a qualified physician and surgeon, the board, 44 |
|---|
| 303 | | - | by rule and regulation, may accept the certificate of the 45 |
|---|
| 304 | | - | National Board of Medical Examiners of the United States, 46 |
|---|
| 305 | | - | chartered pursuant to the laws of the District of Columbia, 47 |
|---|
| 306 | | - | of the National Board of Examiners for Osteopathic 48 |
|---|
| 307 | | - | Physicians and Surgeons chartered pursuant to the laws of 49 |
|---|
| 308 | | - | the state of Indiana, or of the Licentiate of the Medical 50 |
|---|
| 309 | | - | Counsel of Canada (LMCC) in lieu of and as equivalent to its 51 |
|---|
| 310 | | - | own professional examination. Every applicant for a licens e 52 |
|---|
| 311 | | - | on the basis of such certificate, upon making application 53 |
|---|
| 312 | | - | showing necessary qualifications as provided in subsection 1 54 |
|---|
| 313 | | - | of this section, shall be required to pay the same fee 55 |
|---|
| 314 | | - | required of applicants to take the examination before the 56 |
|---|
| 315 | | - | board. 57 |
|---|
| 316 | | - | 3. The board may require applicants to list all 58 |
|---|
| 317 | | - | licenses to practice as a physician currently or previously 59 |
|---|
| 318 | | - | held in any other state, territory, or country and to 60 SS SB 61 11 |
|---|
| 319 | | - | disclose any past or pending investigations, discipline, or 61 |
|---|
| 320 | | - | sanctions against each such licens e. 62 |
|---|
| 321 | | - | 4. In addition to the criminal background screening 63 |
|---|
| 322 | | - | required by this section, the board may obtain a report on 64 |
|---|
| 323 | | - | the applicant from the National Practitioner Data Bank or 65 |
|---|
| 324 | | - | the Federation of State Medical Boards. 66 |
|---|
| 325 | | - | 334.035. 1. For purposes of this section, the 1 |
|---|
| 326 | | - | following terms mean: 2 |
|---|
| 327 | | - | (1) "ACGME", the Accreditation Council for Graduate 3 |
|---|
| 328 | | - | Medical Education; 4 |
|---|
| 329 | | - | (2) "Applicant", an applicant for a permanent license 5 |
|---|
| 330 | | - | as a physician and surgeon; 6 |
|---|
| 331 | | - | (3) "Hospital", the same mea ning given to the term in 7 |
|---|
| 332 | | - | section 197.020. 8 |
|---|
| 333 | | - | 2. Except as otherwise provided in section 334.036, 9 |
|---|
| 334 | | - | every applicant [for a permanent license as a physician and 10 |
|---|
| 335 | | - | surgeon] shall provide the board with satisfactory evidence 11 |
|---|
| 336 | | - | of having successfully complete d such postgraduate training 12 |
|---|
| 337 | | - | in hospitals or medical or osteopathic colleges as the board 13 |
|---|
| 338 | | - | may prescribe by rule. 14 |
|---|
| 339 | | - | 3. Any applicant who has completed unaccredited 15 |
|---|
| 340 | | - | postgraduate training in a medical subspecialty for which no 16 |
|---|
| 341 | | - | program accredited by AC GME exists shall be deemed to have 17 |
|---|
| 342 | | - | satisfactorily completed the training requirements of 20 18 |
|---|
| 343 | | - | C.S.R. 2150-2.004(2) or any successor regulation if such 19 |
|---|
| 344 | | - | unaccredited postgraduate training occurred in a teaching 20 |
|---|
| 345 | | - | hospital accredited by ACGME. The training period shall be 21 |
|---|
| 346 | | - | equal to or exceed an accredited postgraduate training 22 |
|---|
| 347 | | - | program. 23 |
|---|
| 348 | | - | 4. The board shall waive the training requirements of 24 |
|---|
| 349 | | - | 20 C.S.R. 2150-2.004(2) or any successor regulation for any 25 |
|---|
| 350 | | - | applicant who is licensed as a physician in good stan ding in 26 SS SB 61 12 |
|---|
| 351 | | - | another state and has been in good standing more than three 27 |
|---|
| 352 | | - | years. 28 |
|---|
| 353 | | - | 345.050. To be eligible for licensure by the board by 1 |
|---|
| 354 | | - | examination, each applicant shall submit the application fee 2 |
|---|
| 355 | | - | and shall furnish evidence of such person' s current 3 |
|---|
| 356 | | - | competence and shall: 4 |
|---|
| 357 | | - | (1) Hold a master's or a doctoral degree from a 5 |
|---|
| 358 | | - | program that was awarded "accreditation candidate" status or 6 |
|---|
| 359 | | - | is accredited by the Council on Academic Accreditation of 7 |
|---|
| 360 | | - | the American Speech-Language-Hearing Association or other 8 |
|---|
| 361 | | - | accrediting agency approved by the board in the area in 9 |
|---|
| 362 | | - | which licensure is sought; 10 |
|---|
| 363 | | - | (2) Submit official transcripts from one or more 11 |
|---|
| 364 | | - | accredited colleges or universities presenting evidence of 12 |
|---|
| 365 | | - | the completion of course work and clinical p racticum 13 |
|---|
| 366 | | - | requirements equivalent to that required by the Council on 14 |
|---|
| 367 | | - | Academic Accreditation of the American Speech -Language- 15 |
|---|
| 368 | | - | Hearing Association or other accrediting agency approved by 16 |
|---|
| 369 | | - | the board; 17 |
|---|
| 370 | | - | (3) Present written evidence of completion of a 18 |
|---|
| 371 | | - | clinical fellowship from supervisors. The experience 19 |
|---|
| 372 | | - | required by this subdivision shall follow the completion of 20 |
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| 373 | | - | the requirements of subdivisions (1) and (2) of this 21 |
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| 374 | | - | section. This period of employment shall be under the 22 |
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| 375 | | - | direct supervision of a [person who is licensed by the state 23 |
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| 376 | | - | of Missouri in the profession in which the applicant seeks 24 |
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| 377 | | - | to be] licensed speech-language pathologist in good 25 |
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| 378 | | - | standing. Persons applying with an audiology clinical 26 |
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| 379 | | - | doctoral degree are exempt from this provision; and 27 |
|---|
| 380 | | - | (4) Pass an examination promulgated or approved by the 28 |
|---|
| 381 | | - | board. The board shall determine the subject and scope of 29 |
|---|
| 382 | | - | the examinations. 30 SS SB 61 13 |
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| 383 | | - | 361.909. Sections 361.900 to 361.1035 shall not apply 1 |
|---|
| 384 | | - | to: 2 |
|---|
| 385 | | - | (1) An operator of a payment system t o the extent that 3 |
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| 386 | | - | it provides processing, clearing, or settlement services 4 |
|---|
| 387 | | - | between or among persons exempted under this section or 5 |
|---|
| 388 | | - | licensees in connection with wire transfers, credit card 6 |
|---|
| 389 | | - | transactions, debit card transactions, stored value 7 |
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| 390 | | - | transactions, automated clearinghouse transfers, or similar 8 |
|---|
| 391 | | - | funds transfers; 9 |
|---|
| 392 | | - | (2) A person appointed as an agent of a payee to 10 |
|---|
| 393 | | - | collect and process a payment from a payer to the payee for 11 |
|---|
| 394 | | - | goods or services, other than money transmission itself, 12 |
|---|
| 395 | | - | provided to the payer by the payee, provided that: 13 |
|---|
| 396 | | - | (a) There exists a written agreement between the payee 14 |
|---|
| 397 | | - | and the agent directing the agent to collect and process 15 |
|---|
| 398 | | - | payments from a payer on the payee's behalf; 16 |
|---|
| 399 | | - | (b) The payee holds the agent out to the public as 17 |
|---|
| 400 | | - | accepting payments for goods or services on the payee's 18 |
|---|
| 401 | | - | behalf; and 19 |
|---|
| 402 | | - | (c) Payment for the goods and services is treated as 20 |
|---|
| 403 | | - | received by the payee upon receipt by the agent so that the 21 |
|---|
| 404 | | - | payer's obligation is extinguished and there is no risk of 22 |
|---|
| 405 | | - | loss to the payer if the agent fails to remit the funds to 23 |
|---|
| 406 | | - | the payee; 24 |
|---|
| 407 | | - | (3) A person that acts as an intermediary by 25 |
|---|
| 408 | | - | processing payments between an entity that has directly 26 |
|---|
| 409 | | - | incurred an outstanding money transmission obligation to a 27 |
|---|
| 410 | | - | sender and the sender's designated recipient, provided that 28 |
|---|
| 411 | | - | the entity: 29 |
|---|
| 412 | | - | (a) Is properly licensed or exempt from licensing 30 |
|---|
| 413 | | - | requirements under sections 361.900 to 361.1035; 31 SS SB 61 14 |
|---|
| 414 | | - | (b) Provides a receipt, electronic record, or other 32 |
|---|
| 415 | | - | written confirmation to the sender i dentifying the entity as 33 |
|---|
| 416 | | - | the provider of money transmission in the transaction; and 34 |
|---|
| 417 | | - | (c) Bears sole responsibility to satisfy the 35 |
|---|
| 418 | | - | outstanding money transmission obligation to the sender, 36 |
|---|
| 419 | | - | including the obligation to make the sender whole in 37 |
|---|
| 420 | | - | connection with any failure to transmit the funds to the 38 |
|---|
| 421 | | - | sender's designated recipient; 39 |
|---|
| 422 | | - | (4) The United States or a department, agency, or 40 |
|---|
| 423 | | - | instrumentality thereof, or its agent; 41 |
|---|
| 424 | | - | (5) Money transmission by the United States Postal 42 |
|---|
| 425 | | - | Service or by an age nt of the United States Postal Service; 43 |
|---|
| 426 | | - | (6) A state, county, city, or any other governmental 44 |
|---|
| 427 | | - | agency or governmental subdivision or instrumentality of a 45 |
|---|
| 428 | | - | state, or its agent; 46 |
|---|
| 429 | | - | (7) A federally insured depository financial 47 |
|---|
| 430 | | - | institution; bank holdi ng company; office of an 48 |
|---|
| 431 | | - | international banking corporation; foreign bank that 49 |
|---|
| 432 | | - | establishes a federal branch under the International Bank 50 |
|---|
| 433 | | - | Act, 12 U.S.C. Section 3102, as amended or recodified from 51 |
|---|
| 434 | | - | time to time; corporation organized under the Bank Servic e 52 |
|---|
| 435 | | - | Corporation Act, 12 U.S.C. Sections 1861 -1867, as amended or 53 |
|---|
| 436 | | - | recodified from time to time; or corporation organized under 54 |
|---|
| 437 | | - | the Edge Act, 12 U.S.C. Sections 611 -633, as amended or 55 |
|---|
| 438 | | - | recodified from time to time, under the laws of a state or 56 |
|---|
| 439 | | - | the United States; 57 |
|---|
| 440 | | - | (8) Electronic funds transfer of governmental benefits 58 |
|---|
| 441 | | - | for a federal, state, county, or governmental agency by a 59 |
|---|
| 442 | | - | contractor on behalf of the United States or a department, 60 |
|---|
| 443 | | - | agency, or instrumentality thereof, or on behalf of a state 61 |
|---|
| 444 | | - | or governmental subdivision, agency, or instrumentality 62 |
|---|
| 445 | | - | thereof; 63 SS SB 61 15 |
|---|
| 446 | | - | (9) A board of trade designated as a contract market 64 |
|---|
| 447 | | - | under the federal Commodity Exchange Act, 7 U.S.C. Sections 65 |
|---|
| 448 | | - | 1-25, as amended or recodified from time to time, or a 66 |
|---|
| 449 | | - | person that, in the ordinary course of business, provides 67 |
|---|
| 450 | | - | clearance and settlement services for a board of trade to 68 |
|---|
| 451 | | - | the extent of its operation as or for such a board; 69 |
|---|
| 452 | | - | (10) A registered futures commission merchant under 70 |
|---|
| 453 | | - | the federal commodities laws to the extent of i ts operation 71 |
|---|
| 454 | | - | as such a merchant; 72 |
|---|
| 455 | | - | (11) A person registered as a securities broker -dealer 73 |
|---|
| 456 | | - | under federal or state securities laws to the extent of its 74 |
|---|
| 457 | | - | operation as such a broker -dealer; 75 |
|---|
| 458 | | - | (12) An individual employed by a licensee, authorized 76 |
|---|
| 459 | | - | delegate, or any person exempted from the licensing 77 |
|---|
| 460 | | - | requirements under sections 361.900 to 361.1035 if acting 78 |
|---|
| 461 | | - | within the scope of employment and under the supervision of 79 |
|---|
| 462 | | - | the licensee, authorized delegate, or exempted person as an 80 |
|---|
| 463 | | - | employee and not as an in dependent contractor; 81 |
|---|
| 464 | | - | (13) A person expressly appointed as a third -party 82 |
|---|
| 465 | | - | service provider to or agent of an entity exempt under 83 |
|---|
| 466 | | - | subdivision (7) of this section solely to the extent that: 84 |
|---|
| 467 | | - | (a) Such service provider or agent is engaging in 85 |
|---|
| 468 | | - | money transmission on behalf of and under a written 86 |
|---|
| 469 | | - | agreement with the exempt entity that sets forth the 87 |
|---|
| 470 | | - | specific functions that the service provider or agent is to 88 |
|---|
| 471 | | - | perform; and 89 |
|---|
| 472 | | - | (b) The exempt entity assumes all risk of loss and all 90 |
|---|
| 473 | | - | legal responsibility for satisfying the outstanding money 91 |
|---|
| 474 | | - | transmission obligations owed to purchasers and holders of 92 |
|---|
| 475 | | - | the outstanding money transmission obligations upon receipt 93 |
|---|
| 476 | | - | of the purchaser's or holder's money or monetary value by 94 |
|---|
| 477 | | - | the service provider or agent ; 95 SS SB 61 16 |
|---|
| 478 | | - | (14) A person appointed as an agent of a payor for 96 |
|---|
| 479 | | - | purposes of providing payroll processing services for which 97 |
|---|
| 480 | | - | the agent would otherwise need to be licensed, provided all 98 |
|---|
| 481 | | - | of the following apply: 99 |
|---|
| 482 | | - | (a) There is a written agreement between the payo r and 100 |
|---|
| 483 | | - | the agent that directs the agent to provide payroll 101 |
|---|
| 484 | | - | processing services on the payor's behalf; 102 |
|---|
| 485 | | - | (b) The payor holds the agent out to employees and 103 |
|---|
| 486 | | - | other payees as providing payroll processing services on the 104 |
|---|
| 487 | | - | payor's behalf; 105 |
|---|
| 488 | | - | (c) The payor's obligation to a payee, including an 106 |
|---|
| 489 | | - | employee or any other party entitled to receive funds via 107 |
|---|
| 490 | | - | the payroll processing services provided by the agent, shall 108 |
|---|
| 491 | | - | not be extinguished if the agent fails to remit the funds to 109 |
|---|
| 492 | | - | the payee. 110 |
|---|
| 30 | + | this section to take and pass th e profession-specific 17 |
|---|
| 31 | + | examination required for licensure by those applying 18 |
|---|
| 32 | + | pursuant to the provisions of the oversight body's statutory 19 SB 61 2 |
|---|
| 33 | + | and regulatory authority. An oversight body that 20 |
|---|
| 34 | + | administers an examination on the laws of this state as part 21 |
|---|
| 35 | + | of its licensing application requirements may require an 22 |
|---|
| 36 | + | applicant under this section to take and pass an examination 23 |
|---|
| 37 | + | specific to the laws of this state. 24 |
|---|
| 38 | + | 3. The oversight body shall not issue a one -time 25 |
|---|
| 39 | + | nonrenewable temporary license to any applicant described in 26 |
|---|
| 40 | + | subsection 1 of this section who has had any license in the 27 |
|---|
| 41 | + | relevant occupation or profession revoked by an oversight 28 |
|---|
| 42 | + | body outside of this state, who is currently under 29 |
|---|
| 43 | + | investigation, who has a complaint pending, or who is 30 |
|---|
| 44 | + | currently under disciplinary action. 31 |
|---|
| 45 | + | 4. Applicants for the one -time nonrenewable temporary 32 |
|---|
| 46 | + | license shall be citizens of the United States and shall 33 |
|---|
| 47 | + | submit legal proof of citizenship as part of the application. 34 |
|---|
| 48 | + | 5. If an applicant is not currently residing in this 35 |
|---|
| 49 | + | state, the oversight board shall conditionally approve the 36 |
|---|
| 50 | + | application contingent upon receipt of proof of domicile in 37 |
|---|
| 51 | + | this state within ninety days of the applicant receiving the 38 |
|---|
| 52 | + | temporary license. If the applicant fails to provide proof 39 |
|---|
| 53 | + | within ninety days of receiving the temporary license, the 40 |
|---|
| 54 | + | oversight board may terminate the temporary license and the 41 |
|---|
| 55 | + | applicant may reapply for a temporary license. 42 |
|---|
| 56 | + | 6. The provisions of this section shall not apply to 43 |
|---|
| 57 | + | the following: 44 |
|---|
| 58 | + | (1) Any occupation whose oversight body has entered 45 |
|---|
| 59 | + | into a licensing compact with another state for the 46 |
|---|
| 60 | + | regulation of practice under the oversight body's 47 |
|---|
| 61 | + | jurisdiction. The provisions of this section shall not be 48 |
|---|
| 62 | + | construed to alter the authority granted by, or any 49 |
|---|
| 63 | + | requirements promulgated pursuant to, any 50 |
|---|
| 64 | + | interjurisdictional or interstate compacts adopted by this 51 SB 61 3 |
|---|
| 65 | + | state or any reciprocity agreements with other states, and 52 |
|---|
| 66 | + | whenever possible the provisions of this section shall be 53 |
|---|
| 67 | + | interpreted so as to imply no co nflict between it and any 54 |
|---|
| 68 | + | compact or any reciprocity agreement with other states; 55 |
|---|
| 69 | + | (2) Any occupation set forth in subsection 6 of 56 |
|---|
| 70 | + | section 290.257 or any electrical contractor licensed under 57 |
|---|
| 71 | + | sections 324.900 to 324.945; 58 |
|---|
| 72 | + | (3) Any occupation whose regulators or licensees are 59 |
|---|
| 73 | + | required to comply with specific federal statutory, 60 |
|---|
| 74 | + | regulatory, and administrative requirements in order to 61 |
|---|
| 75 | + | practice in Missouri; or 62 |
|---|
| 76 | + | (4) Assistant physicians licensed under chapter 334. 63 |
|---|
| 77 | + | 7. The one-time nonrenewable temporary license shall 64 |
|---|
| 78 | + | expire after two years. Upon expiration, the individual 65 |
|---|
| 79 | + | shall be required to apply for a permanent license in 66 |
|---|
| 80 | + | accordance with the license requirements for the occupation 67 |
|---|
| 81 | + | for which he or she held the temporary license. 68 |
|---|
| 82 | + | 8. Notwithstanding any other provision of law to the 69 |
|---|
| 83 | + | contrary, a license issued under this section shall be valid 70 |
|---|
| 84 | + | only in this state and shall not make a licensee eligible to 71 |
|---|
| 85 | + | be part of an interstate compact. An applicant who is 72 |
|---|
| 86 | + | licensed in another state pursuant to an interstate compact 73 |
|---|
| 87 | + | shall not be eligible for licensure by an oversight body 74 |
|---|
| 88 | + | under the provisions of this section. 75 |
|---|
| 89 | + | 9. Notwithstanding any other provision of law to the 76 |
|---|
| 90 | + | contrary, a license issued under this section shall be vali d 77 |
|---|
| 91 | + | only in this state and shall not make a licensee eligible to 78 |
|---|
| 92 | + | obtain a license by reciprocity in another state. 79 |
|---|
| 93 | + | 10. As used in this section, the term "oversight body" 80 |
|---|
| 94 | + | means any board, department, agency, or office of a 81 |
|---|
| 95 | + | jurisdiction that issues o ccupational or professional 82 |
|---|
| 96 | + | licenses. 83 SB 61 4 |
|---|
| 97 | + | 11. The division of professional registration may 84 |
|---|
| 98 | + | promulgate rules to implement the provisions of this 85 |
|---|
| 99 | + | section. Any rule or portion of a rule, as that term is 86 |
|---|
| 100 | + | defined in section 536.010, that is created unde r the 87 |
|---|
| 101 | + | authority delegated in this section shall become effective 88 |
|---|
| 102 | + | only if it complies with and is subject to all of the 89 |
|---|
| 103 | + | provisions of chapter 536 and, if applicable, section 90 |
|---|
| 104 | + | 536.028. This section and chapter 536 are nonseverable and 91 |
|---|
| 105 | + | if any of the powers vested with the general assembly 92 |
|---|
| 106 | + | pursuant to chapter 536 to review, to delay the effective 93 |
|---|
| 107 | + | date, or to disapprove and annul a rule are subsequently 94 |
|---|
| 108 | + | held unconstitutional, then the grant of rulemaking 95 |
|---|
| 109 | + | authority and any rule proposed or adopted after August 28, 96 |
|---|
| 110 | + | 2025, shall be invalid and void. 97 |
|---|