EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
FIRST REGULAR SESSION
[PERFECTED]
SENATE SUBSTITUTE FOR
SENATE BILL NO. 61
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR BROWN (26).
0441S.06P KRISTINA MARTIN, Secretary
AN ACT
To repeal sections 324.009, 334.031, 334.035, 345.050, and 361.909, RSMo, and to enact in lieu
thereof six new sections relating to professional licensing.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 324.009, 334.031, 334.035, 345.050, 1
and 361.909, RSMo, are repealed and six new sections enacted in 2
lieu thereof, to be known as sections 324.004, 324.009, 334.031, 3
334.035, 345.050, and 361.909, to read as follows:4
324.004. 1. Any person who has at least three years 1
of work experience in an occupation or profession i n another 2
state, the District of Columbia, or any combination of such 3
jurisdictions, and whose work experience involved the 4
practice of an occupation or profession for which a license 5
is not required in the jurisdiction or jurisdictions in 6
which the person worked but is required in this state, may 7
submit an application for a one -time nonrenewable two -year 8
temporary license in this state in the occupation or 9
profession, along with proof of at least three years of work 10
experience in the occupation or profession and a fee as set 11
by regulation of the oversight body, to the relevant 12
oversight body in this state. The oversight body shall make 13 SS SB 61 2
a determination of qualification within forty -five days of 14
receiving a completed application. 15
2. The oversight body shall require an applicant under 16
this section to take and pass the examination specific to 17
the occupation or profession which is required for licensure 18
by those individuals applying pursuant to the provisions of 19
the oversight body's statut ory and regulatory authority. An 20
oversight body that administers an examination on the laws 21
of this state as part of its licensing application 22
requirements may require an applicant under this section to 23
take and pass an examination specific to the law s of this 24
state. 25
3. The oversight body shall not issue a one -time 26
nonrenewable temporary license to any applicant described in 27
subsection 1 of this section who has had any license in the 28
relevant occupation or profession revoked by an oversight 29
body outside of this state, who is currently under 30
investigation, who has a complaint pending, or who is 31
currently under disciplinary action. 32
4. Applicants for the one -time nonrenewable temporary 33
license shall be citizens of the United States and shall 34
submit legal proof of citizenship as part of the application. 35
5. If an applicant is not currently residing in this 36
state, the oversight board shall conditionally approve the 37
application contingent upon receipt of proof of domicile in 38
this state within ninety days of the applicant receiving the 39
temporary license. If the applicant fails to provide proof 40
within ninety days of receiving the temporary license, the 41
oversight board may terminate the temporary license and the 42
applicant may reapply for a temporary license. 43
6. The provisions of this section shall not apply to 44
the following: 45 SS SB 61 3
(1) Any occupation whose oversight body has entered 46
into a licensing compact with another state for the 47
regulation of practice under the oversig ht body's 48
jurisdiction. The provisions of this section shall not be 49
construed to alter the authority granted by, or any 50
requirements promulgated pursuant to, any 51
interjurisdictional or interstate compacts adopted by this 52
state or any reciprocity agre ements with other states, and 53
whenever possible the provisions of this section shall be 54
interpreted so as to imply no conflict between it and any 55
compact or any reciprocity agreement with other states; 56
(2) Any occupation set forth in subsection 6 of 57
section 290.257 or any electrical contractor licensed under 58
sections 324.900 to 324.945; 59
(3) Any occupation whose regulators or licensees are 60
required to comply with specific federal statutory, 61
regulatory, and administrative requirements in or der to 62
practice in this state; or 63
(4) Assistant physicians licensed under chapter 334. 64
7. The one-time nonrenewable temporary license shall 65
expire after two years. Upon expiration, the individual 66
shall be required to apply for a permanent l icense in 67
accordance with the license requirements for the occupation 68
for which he or she held the temporary license. 69
8. Notwithstanding any other provision of law to the 70
contrary, a license issued under this section shall be valid 71
only in this state and shall not make a licensee eligible to 72
be part of an interstate compact. An applicant who is 73
licensed in another state pursuant to an interstate compact 74
shall not be eligible for licensure by an oversight body 75
under the provisions of this sect ion. 76 SS SB 61 4
9. Notwithstanding any other provision of law to the 77
contrary, a license issued under this section shall be valid 78
only in this state and shall not make a licensee eligible to 79
obtain a license by reciprocity in another state. 80
10. As used in this section, the term "oversight body" 81
means any board, department, agency, or office of a 82
jurisdiction that issues occupational or professional 83
licenses. 84
11. The division of professional registration may 85
promulgate rules to implement the pr ovisions of this 86
section. Any rule or portion of a rule, as that term is 87
defined in section 536.010, that is created under the 88
authority delegated in this section shall become effective 89
only if it complies with and is subject to all of the 90
provisions of chapter 536 and, if applicable, section 91
536.028. This section and chapter 536 are nonseverable and 92
if any of the powers vested with the general assembly 93
pursuant to chapter 536 to review, to delay the effective 94
date, or to disapprove and annul a r ule are subsequently 95
held unconstitutional, then the grant of rulemaking 96
authority and any rule proposed or adopted after August 28, 97
2025, shall be invalid and void. 98
324.009. 1. For purposes of this section, the 1
following terms mean: 2
(1) "License", a license, certificate, registration, 3
permit, accreditation, or military occupational speciality 4
that enables a person to legally practice an occupation or 5
profession in a particular jurisdiction; 6
(2) "Military", the Armed Forces of the United States 7
including the Air Force, Army, Coast Guard, Marine Corps, 8
Navy, Space Force, National Guard and any other military 9
branch that is designated by Congress as part of the Armed 10 SS SB 61 5
Forces of the United States, and all reserve compo nents and 11
auxiliaries. Such term also includes the military reserves 12
and militia of any United States territory or state; 13
(3) "Missouri law enforcement officer", any person 14
employed by or otherwise serving in a position for the state 15
or a local governmental entity in the state of Missouri as a 16
police officer, peace officer certified under chapter 590, 17
auxiliary police officer, sheriff, sheriff's deputy, member 18
of the patrol as that term is defined in section 43.010, or 19
in some like position i nvolving the enforcement of the law 20
and protection of the public interest at the risk of that 21
person's life and who is a permanent resident of the state 22
of Missouri or who is domiciled in the state of Missouri; 23
(4) "Nonresident military or law enforcement 24
spouse"[,]: 25
(a) A nonresident spouse of an active duty member of 26
the Armed Forces of the United States who has been 27
transferred or is scheduled to be transferred to the state 28
of Missouri, or who has been transferred or is scheduled to 29
be transferred to an adjacent state and is or will be 30
domiciled in the state of Missouri, or has moved to the 31
state of Missouri on a permanent change -of-station basis; or 32
(b) A nonresident spouse of a person residing outside 33
the state of Missouri w ho has accepted an offer of 34
employment with the state or a local governmental entity in 35
the state of Missouri and who will become a Missouri law 36
enforcement officer upon the commencement of such employment; 37
[(4)] (5) "Oversight body", any board, d epartment, 38
agency, or office of a jurisdiction that issues licenses; 39
[(5)] (6) "Resident military or law enforcement 40
spouse", a spouse of an active duty member of the Armed 41
Forces of the United States who has been transferred or is 42 SS SB 61 6
scheduled to be transferred to the state of Missouri or an 43
adjacent state and who is a permanent resident of the state 44
of Missouri, who is domiciled in the state of Missouri, or 45
who has Missouri as his or her home of record , or a spouse 46
of a Missouri law enforcement officer. 47
2. Any person who holds a valid current license issued 48
by another state, a branch or unit of the military, a 49
territory of the United States, or the District of Columbia, 50
and who has been licensed for at least one year in such 51
other jurisdiction, may submit an application for a license 52
in Missouri in the same occupation or profession, and at the 53
same practice level, for which he or she holds the current 54
license, along with proof of current licensure and proof of 55
licensure for at least one year in the other jurisdiction, 56
to the relevant oversight body in this state. 57
3. The oversight body in this state shall: 58
(1) Within six months of receiving an application 59
described in subsection 2 of this section, waive any 60
examination, educational, or experience requirements for 61
licensure in this state for the applicant if it determines 62
that there were minimum education requirements and, if 63
applicable, work experience and clinical supervision 64
requirements in effect and the other sta te verifies that the 65
person met those requirements in order to be licensed or 66
certified in that state. An oversight body that administers 67
an examination on laws of this state as part of its 68
licensing application requirement may require an applicant 69
to take and pass an examination specific to the laws of this 70
state; or 71
(2) Within thirty days of receiving an application 72
described in subsection 2 of this section from a nonresident 73
military or law enforcement spouse or a resident military or 74 SS SB 61 7
law enforcement spouse, waive any examination, educational, 75
or experience requirements for licensure in this state for 76
the applicant and issue such applicant a license under this 77
section if such applicant otherwise meets the requirements 78
of this section. 79
4. (1) The oversight body shall not waive any 80
examination, educational, or experience requirements for any 81
applicant who has had his or her license revoked by an 82
oversight body outside the state; who is currently under 83
investigation, who has a c omplaint pending, or who is 84
currently under disciplinary action, except as provided in 85
subdivision (2) of this subsection, with an oversight body 86
outside the state; who does not hold a license in good 87
standing with an oversight body outside the state; who has a 88
criminal record that would disqualify him or her for 89
licensure in Missouri; or who does not hold a valid current 90
license in the other jurisdiction on the date the oversight 91
body receives his or her application under this section. 92
(2) If another jurisdiction has taken disciplinary 93
action against an applicant, the oversight body shall 94
determine if the cause for the action was corrected and the 95
matter resolved. If the matter has not been resolved by 96
that jurisdiction, the oversight bod y may deny a license 97
until the matter is resolved. 98
5. Nothing in this section shall prohibit the 99
oversight body from denying a license to an applicant under 100
this section for any reason described in any section 101
associated with the occupation or pr ofession for which the 102
applicant seeks a license. 103
6. Any person who is licensed under the provisions of 104
this section shall be subject to the applicable oversight 105
body's jurisdiction and all rules and regulations pertaining 106 SS SB 61 8
to the practice of the licensed occupation or profession in 107
this state. 108
7. This section shall not be construed to waive any 109
requirement for an applicant to pay any fees, post any bonds 110
or surety bonds, or submit proof of insurance associated 111
with the license the applic ant seeks. 112
8. This section shall not apply to business, 113
professional, or occupational licenses issued or required by 114
political subdivisions. 115
9. The provisions of this section shall not impede an 116
oversight body's authority to require an appli cant to submit 117
fingerprints as part of the application process. 118
10. [The provisions of this section shall not apply to 119
an oversight body that has entered into a licensing compact 120
with another state for the regulation of practice under the 121
oversight body's jurisdiction. ] The provisions of this 122
section shall not be construed to alter the authority 123
granted by, or any requirements promulgated pursuant to, any 124
interjurisdictional or interstate compacts adopted by 125
Missouri statute or any reciprocit y agreements with other 126
states in effect [on August 28, 2018], and whenever possible 127
this section shall be interpreted so as to imply no conflict 128
between it and any compact, or any reciprocity agreements 129
with other states in effect [on August 28, 2018]. 130
11. Notwithstanding any other provision of law, a 131
license issued under this section shall be valid only in 132
this state and shall not make a licensee eligible to be part 133
of an interstate compact. An applicant who is licensed in 134
another state pursuant to an interstate compact shall not be 135
eligible for licensure by an oversight body under the 136
provisions of this section. 137 SS SB 61 9
12. The provisions of this section shall not apply to 138
any occupation set forth in subsection 6 of section 290.257, 139
or any electrical contractor licensed under sections 324.900 140
to 324.945. 141
334.031. 1. Candidates for licenses as physicians and 1
surgeons shall furnish [satisfactory evidence of their good 2
moral character, and their preliminary qualificati ons, to 3
wit: a certificate of graduation from an accredited high 4
school or its equivalent, and satisfactory evidence of 5
completion of preprofessional education consisting of a 6
minimum of sixty semester hours of college credits in 7
acceptable subjects leading towards the degree of bachelor 8
of arts or bachelor of science from an accredited college or 9
university. They shall also furnish satisfactory evidence 10
of having attended throughout at least four terms of thirty - 11
two weeks of actual instructions in each term and of having 12
received a diploma from some reputable medical college or 13
osteopathic college that enforces requirements of four terms 14
of thirty-two weeks for actual instruction in each term, 15
including, in addition to class work, such experi ence in 16
operative and hospital work during the last two years of 17
instruction as is required by the American Medical 18
Association and the American Osteopathic Association before 19
the college is approved and accredited as reputable. Any 20
medical college approved and accredited as reputable by the 21
American Medical Association or the Liaison Committee on 22
Medical Education and any osteopathic college approved and 23
accredited as reputable by the American Osteopathic 24
Association is deemed to have complied wi th the requirements 25
of this subsection]: 26
(1) Evidence of good moral character by submitting to 27
a criminal background check as provided in section 43.540; 28 SS SB 61 10
(2) A diploma and academic transcripts from a school 29
accredited by the Liaison Committe e on Medical Education, 30
the Commission on Osteopathic College Accreditation, the 31
Educational Commission for Foreign Medical Graduates 32
(ECFMG), or a similar accrediting agency; and 33
(3) A certificate demonstrating that the applicant has 34
satisfied the requirements of section 334.035. An applicant 35
who holds a valid certificate issued by the ECFMG shall 36
submit satisfactory evidence of successful completion of two 37
years of such training. Except as provided in subsection 3 38
of this section, the boar d shall not require applicants to 39
provide information regarding the internship or resident 40
training in addition to what the applicant is required to 41
furnish by this subsection . 42
2. In determining the qualifications necessary for 43
licensure as a qualified physician and surgeon, the board, 44
by rule and regulation, may accept the certificate of the 45
National Board of Medical Examiners of the United States, 46
chartered pursuant to the laws of the District of Columbia, 47
of the National Board of Examiners for Osteopathic 48
Physicians and Surgeons chartered pursuant to the laws of 49
the state of Indiana, or of the Licentiate of the Medical 50
Counsel of Canada (LMCC) in lieu of and as equivalent to its 51
own professional examination. Every applicant for a licens e 52
on the basis of such certificate, upon making application 53
showing necessary qualifications as provided in subsection 1 54
of this section, shall be required to pay the same fee 55
required of applicants to take the examination before the 56
board. 57
3. The board may require applicants to list all 58
licenses to practice as a physician currently or previously 59
held in any other state, territory, or country and to 60 SS SB 61 11
disclose any past or pending investigations, discipline, or 61
sanctions against each such licens e. 62
4. In addition to the criminal background screening 63
required by this section, the board may obtain a report on 64
the applicant from the National Practitioner Data Bank or 65
the Federation of State Medical Boards. 66
334.035. 1. For purposes of this section, the 1
following terms mean: 2
(1) "ACGME", the Accreditation Council for Graduate 3
Medical Education; 4
(2) "Applicant", an applicant for a permanent license 5
as a physician and surgeon; 6
(3) "Hospital", the same mea ning given to the term in 7
section 197.020. 8
2. Except as otherwise provided in section 334.036, 9
every applicant [for a permanent license as a physician and 10
surgeon] shall provide the board with satisfactory evidence 11
of having successfully complete d such postgraduate training 12
in hospitals or medical or osteopathic colleges as the board 13
may prescribe by rule. 14
3. Any applicant who has completed unaccredited 15
postgraduate training in a medical subspecialty for which no 16
program accredited by AC GME exists shall be deemed to have 17
satisfactorily completed the training requirements of 20 18
C.S.R. 2150-2.004(2) or any successor regulation if such 19
unaccredited postgraduate training occurred in a teaching 20
hospital accredited by ACGME. The training period shall be 21
equal to or exceed an accredited postgraduate training 22
program. 23
4. The board shall waive the training requirements of 24
20 C.S.R. 2150-2.004(2) or any successor regulation for any 25
applicant who is licensed as a physician in good stan ding in 26 SS SB 61 12
another state and has been in good standing more than three 27
years. 28
345.050. To be eligible for licensure by the board by 1
examination, each applicant shall submit the application fee 2
and shall furnish evidence of such person' s current 3
competence and shall: 4
(1) Hold a master's or a doctoral degree from a 5
program that was awarded "accreditation candidate" status or 6
is accredited by the Council on Academic Accreditation of 7
the American Speech-Language-Hearing Association or other 8
accrediting agency approved by the board in the area in 9
which licensure is sought; 10
(2) Submit official transcripts from one or more 11
accredited colleges or universities presenting evidence of 12
the completion of course work and clinical p racticum 13
requirements equivalent to that required by the Council on 14
Academic Accreditation of the American Speech -Language- 15
Hearing Association or other accrediting agency approved by 16
the board; 17
(3) Present written evidence of completion of a 18
clinical fellowship from supervisors. The experience 19
required by this subdivision shall follow the completion of 20
the requirements of subdivisions (1) and (2) of this 21
section. This period of employment shall be under the 22
direct supervision of a [person who is licensed by the state 23
of Missouri in the profession in which the applicant seeks 24
to be] licensed speech-language pathologist in good 25
standing. Persons applying with an audiology clinical 26
doctoral degree are exempt from this provision; and 27
(4) Pass an examination promulgated or approved by the 28
board. The board shall determine the subject and scope of 29
the examinations. 30 SS SB 61 13
361.909. Sections 361.900 to 361.1035 shall not apply 1
to: 2
(1) An operator of a payment system t o the extent that 3
it provides processing, clearing, or settlement services 4
between or among persons exempted under this section or 5
licensees in connection with wire transfers, credit card 6
transactions, debit card transactions, stored value 7
transactions, automated clearinghouse transfers, or similar 8
funds transfers; 9
(2) A person appointed as an agent of a payee to 10
collect and process a payment from a payer to the payee for 11
goods or services, other than money transmission itself, 12
provided to the payer by the payee, provided that: 13
(a) There exists a written agreement between the payee 14
and the agent directing the agent to collect and process 15
payments from a payer on the payee's behalf; 16
(b) The payee holds the agent out to the public as 17
accepting payments for goods or services on the payee's 18
behalf; and 19
(c) Payment for the goods and services is treated as 20
received by the payee upon receipt by the agent so that the 21
payer's obligation is extinguished and there is no risk of 22
loss to the payer if the agent fails to remit the funds to 23
the payee; 24
(3) A person that acts as an intermediary by 25
processing payments between an entity that has directly 26
incurred an outstanding money transmission obligation to a 27
sender and the sender's designated recipient, provided that 28
the entity: 29
(a) Is properly licensed or exempt from licensing 30
requirements under sections 361.900 to 361.1035; 31 SS SB 61 14
(b) Provides a receipt, electronic record, or other 32
written confirmation to the sender i dentifying the entity as 33
the provider of money transmission in the transaction; and 34
(c) Bears sole responsibility to satisfy the 35
outstanding money transmission obligation to the sender, 36
including the obligation to make the sender whole in 37
connection with any failure to transmit the funds to the 38
sender's designated recipient; 39
(4) The United States or a department, agency, or 40
instrumentality thereof, or its agent; 41
(5) Money transmission by the United States Postal 42
Service or by an age nt of the United States Postal Service; 43
(6) A state, county, city, or any other governmental 44
agency or governmental subdivision or instrumentality of a 45
state, or its agent; 46
(7) A federally insured depository financial 47
institution; bank holdi ng company; office of an 48
international banking corporation; foreign bank that 49
establishes a federal branch under the International Bank 50
Act, 12 U.S.C. Section 3102, as amended or recodified from 51
time to time; corporation organized under the Bank Servic e 52
Corporation Act, 12 U.S.C. Sections 1861 -1867, as amended or 53
recodified from time to time; or corporation organized under 54
the Edge Act, 12 U.S.C. Sections 611 -633, as amended or 55
recodified from time to time, under the laws of a state or 56
the United States; 57
(8) Electronic funds transfer of governmental benefits 58
for a federal, state, county, or governmental agency by a 59
contractor on behalf of the United States or a department, 60
agency, or instrumentality thereof, or on behalf of a state 61
or governmental subdivision, agency, or instrumentality 62
thereof; 63 SS SB 61 15
(9) A board of trade designated as a contract market 64
under the federal Commodity Exchange Act, 7 U.S.C. Sections 65
1-25, as amended or recodified from time to time, or a 66
person that, in the ordinary course of business, provides 67
clearance and settlement services for a board of trade to 68
the extent of its operation as or for such a board; 69
(10) A registered futures commission merchant under 70
the federal commodities laws to the extent of i ts operation 71
as such a merchant; 72
(11) A person registered as a securities broker -dealer 73
under federal or state securities laws to the extent of its 74
operation as such a broker -dealer; 75
(12) An individual employed by a licensee, authorized 76
delegate, or any person exempted from the licensing 77
requirements under sections 361.900 to 361.1035 if acting 78
within the scope of employment and under the supervision of 79
the licensee, authorized delegate, or exempted person as an 80
employee and not as an in dependent contractor; 81
(13) A person expressly appointed as a third -party 82
service provider to or agent of an entity exempt under 83
subdivision (7) of this section solely to the extent that: 84
(a) Such service provider or agent is engaging in 85
money transmission on behalf of and under a written 86
agreement with the exempt entity that sets forth the 87
specific functions that the service provider or agent is to 88
perform; and 89
(b) The exempt entity assumes all risk of loss and all 90
legal responsibility for satisfying the outstanding money 91
transmission obligations owed to purchasers and holders of 92
the outstanding money transmission obligations upon receipt 93
of the purchaser's or holder's money or monetary value by 94
the service provider or agent ; 95 SS SB 61 16
(14) A person appointed as an agent of a payor for 96
purposes of providing payroll processing services for which 97
the agent would otherwise need to be licensed, provided all 98
of the following apply: 99
(a) There is a written agreement between the payo r and 100
the agent that directs the agent to provide payroll 101
processing services on the payor's behalf; 102
(b) The payor holds the agent out to employees and 103
other payees as providing payroll processing services on the 104
payor's behalf; 105
(c) The payor's obligation to a payee, including an 106
employee or any other party entitled to receive funds via 107
the payroll processing services provided by the agent, shall 108
not be extinguished if the agent fails to remit the funds to 109
the payee. 110