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 SENATE BILL NO. 636 103RD GENERAL ASSEMBLY INTRODUCED BY SENATOR GREGORY (21). 2467S.01I KRISTINA MARTIN, Secretary AN ACT To repeal sections 43.546, 210.482, 210.487, and 590.060, RSMo, and to enact in lieu thereof forty-two new sections relating to criminal background checks. Be it enacted by the General Assembly of the State of Missouri, as follows: Section A. Sections 43.546, 210.482, 210.487, and 1 590.060, RSMo, are repealed and forty -two new sections enacted 2 in lieu thereof, to be known as sections 43.546, 168.014, 3 190.106, 208.222, 209.324, 210.482, 210.487, 301.551, 324.055, 4 324.129, 324.246, 324.488, 324.1105, 326.257, 330.025, 331.025, 5 332.015, 334.015, 334.403, 334.501, 334.701, 334.739, 334.805, 6 335.022, 335.042, 336.025 , 337.018, 337.308, 337.501, 337.605, 7 337.702, 338.052, 339.015, 339.510, 345.016, 374.711, 436.225, 8 443.702, 476.802, 484.125, 590.060, and 640.011, to read as 9 follows:10 43.546. 1. Any state agency, board, or commission may 1 require the fingerprint ing of applicants in specified 2 occupations or appointments within the state agency, board, 3 or commission for the purpose of positive identification and 4 receiving criminal history record information when 5 determining an applicant's ability or fitness to serve in 6 such occupation or appointment. 7 2. In order to facilitate the criminal background 8 check under subsection 1 of this section on any person 9 employed or appointed by a state agency, board, or 10 commission, [and in accordance with section 43.54 3,] the 11 SB 636 2 applicant or employee shall submit a set of fingerprints 12 collected under the standards determined by the Missouri 13 highway patrol. The fingerprints and accompanying fees, 14 unless otherwise arranged, shall be forwarded to the highway 15 patrol to be used to search the state criminal history 16 repository and the fingerprints shall be forwarded to the 17 Federal Bureau of Investigation for a national criminal 18 background check under section 43.540. Notwithstanding the 19 provisions of section 610.120 to the contrary, all records 20 related to any criminal history information discovered shall 21 be accessible and available to the state agency making the 22 request. 23 168.014. 1. The state board of education may require 1 that fingerprint submiss ions be made as part of an 2 application seeking a certificate of license to teach or 3 substitute teach in public schools, as provided in sections 4 168.011, 168.021, and 168.036 and as required by section 5 168.133. 6 2. If the state board of education r equires that 7 fingerprint submissions be made as part of such application, 8 the state board of education shall require applicants to 9 submit the fingerprints to the Missouri state highway patrol 10 for the purpose of conducting a state and federal 11 fingerprint-based criminal history background check. 12 3. The fingerprints and any required fees shall be 13 sent to the Missouri state highway patrol's central 14 repository. The fingerprints shall be used for searching 15 the state criminal records repository and shall also be 16 forwarded to the Federal Bureau of Investigation for a 17 federal criminal records search under section 43.540. The 18 Missouri state highway patrol shall notify the state board 19 of education of any criminal history record information or 20 SB 636 3 lack of criminal history record information discovered on 21 the individual. Notwithstanding the provisions of section 22 610.120 to the contrary, all records related to any criminal 23 history information discovered shall be accessible and 24 available to the state b oard of education. 25 190.106. 1. The department of health and senior 1 services may require that fingerprint submissions be made as 2 part of an application seeking licensure as an emergency 3 medical technician or "EMT", an advanced emerge ncy medical 4 technician or "AEMT", or a paramedic, and an application 5 seeking certification as an emergency medical technician - 6 community paramedic or "EMT -CP", as such terms are defined 7 in section 190.100. 8 2. If the department of health and senior services 9 requires that fingerprint submissions be made as part of 10 such application, the department of health and senior 11 services shall require applicants to submit the fingerprints 12 to the Missouri state highway patrol for the purpose of 13 conducting a state and federal fingerprint -based criminal 14 history background check. 15 3. The fingerprints and any required fees shall be 16 sent to the Missouri state highway patrol's central 17 repository. The fingerprints shall be used for searching 18 the state criminal records repository and shall also be 19 forwarded to the Federal Bureau of Investigation for a 20 federal criminal records search under section 43.540. The 21 Missouri state highway patrol shall notify the department of 22 health and senior services of any c riminal history record 23 information or lack of criminal history record information 24 discovered on the individual. Notwithstanding the 25 provisions of section 610.120 to the contrary, all records 26 related to any criminal history information discovered shall 27 SB 636 4 be accessible and available to the department of health and 28 senior services. 29 208.222. 1. The Missouri Medicaid audit and 1 compliance unit within the department of social services may 2 require that fingerprint submissions be made as part of an 3 application seeking to be licensed as a MO HealthNet 4 provider for the purpose of providing MO HealthNet services 5 to eligible persons and obtaining from the department of 6 social services or its divisions reimbursement for eligible 7 services. 8 2. If the Missouri Medicaid audit and compliance unit 9 within the department of social services requires that 10 fingerprint submissions be made as part of such application, 11 the Missouri Medicaid audit and compliance unit within the 12 department of social services shall require applicants to 13 submit the fingerprints to the Missouri state highway patrol 14 for the purpose of conducting a state and federal 15 fingerprint-based criminal history background check. 16 3. The fingerprints and any required fees shall be 17 sent to the Missouri state highway patrol's central 18 repository. The fingerprints shall be used for searching 19 the state criminal records repository and shall also be 20 forwarded to the Federal Bureau of Investigation for a 21 federal criminal reco rds search under section 43.540. The 22 Missouri state highway patrol shall notify the Missouri 23 Medicaid audit and compliance unit within the department of 24 social services of any criminal history record information 25 or lack of criminal history record info rmation discovered on 26 the individual. Notwithstanding the provisions of section 27 610.120 to the contrary, all records related to any criminal 28 history information discovered shall be accessible and 29 SB 636 5 available to the Missouri Medicaid audit and compliance unit 30 within the department of social services. 31 4. For purposes of this section, the following terms 32 mean: 33 (1) "MO HealthNet provider", an individual or business 34 that enters into a contractor provider agreement with the 35 department of social services or its divisions for the 36 purpose of providing services to eligible persons and 37 obtaining from the department of social services or its 38 divisions reimbursement for such services; 39 (2) "MO HealthNet services", medical services defined 40 and determined by the department of social services or 41 listed specifically in section 208.152 in which eligible 42 persons receive as part of their Missouri Medicaid coverage. 43 209.324. 1. The state committee of interpreters may 1 require that fingerprint submissions be made as part of an 2 application seeking licensure as an interpreter, as such 3 term is defined in section 209.285, and temporary 4 interpreter, as provided in section 209.326. 5 2. If the state committee of interpreters requi res 6 that fingerprint submissions be made as part of such 7 application, the state committee of interpreters shall 8 require applicants to submit the fingerprints to the 9 Missouri state highway patrol for the purpose of conducting 10 a state and federal finger print-based criminal history 11 background check. 12 3. The fingerprints and any required fees shall be 13 sent to the Missouri state highway patrol's central 14 repository. The fingerprints shall be used for searching 15 the state criminal records repository and shall also be 16 forwarded to the Federal Bureau of Investigation for a 17 federal criminal records search under section 43.540. The 18 SB 636 6 Missouri state highway patrol shall notify the committee of 19 any criminal history record information or lack of criminal 20 history record information discovered on the individual. 21 Notwithstanding the provisions of section 610.120 to the 22 contrary, all records related to any criminal history 23 information discovered shall be accessible and available to 24 the committee. 25 210.482. 1. If the emergency placement of a child in 1 a private home is necessary due to the unexpected absence of 2 the child's parents, legal guardian, or custodian, the 3 juvenile court or children's division of the department of 4 social services: 5 (1) May request that a local or state law enforcement 6 agency or juvenile officer [, subject to any required federal 7 authorization,] immediately conduct a name -based criminal 8 history record check to include full orders of protection 9 and outstanding warrants of each person over the age of 10 [seventeen] eighteen residing in the home by using the 11 Missouri uniform law enforcement system (MULES) and the 12 National Crime Information Center to access the Interstate 13 Identification Index (III) maintained by the Federal Bureau 14 of Investigation; and 15 (2) Shall determine or, in the case of the juvenile 16 court, shall request the division to determine whether any 17 person over the age of [seventeen] eighteen years residing 18 in the home is liste d on the child abuse and neglect 19 registry. For any children less than [seventeen] eighteen 20 years of age residing in the home, the children's division 21 shall inquire of the person with whom an emergency placement 22 of a child will be made whether any chil dren less than 23 [seventeen] eighteen years of age residing in the home have 24 SB 636 7 ever been certified as an adult and convicted of or pled 25 guilty or nolo contendere to any crime. 26 2. If a name-based search has been conducted pursuant 27 to subsection 1 of t his section, within fifteen calendar 28 days of the Interstate Identification Index (III) name -based 29 check, after the emergency placement of the child in the 30 private home, and if the private home has not previously 31 been approved as a foster or adoptive ho me, all persons over 32 the age of [seventeen] eighteen residing in the home and all 33 children less than [seventeen] eighteen residing in the home 34 who the children's division has determined have been 35 certified as an adult for the commission of a crime shal l 36 [report to a local law enforcement agency for the purpose of 37 providing fingerprints and accompanying fees ] be 38 fingerprinted, pursuant to sections 43.530 and 43.540. The 39 fingerprints shall be used for searching the state criminal 40 records repository and shall also be forwarded to the 41 Federal Bureau of Investigation for a federal criminal 42 records search under section 43.540. Results of the checks 43 shall be provided to the juvenile court or children's 44 division office requesting such information. Any child 45 placed in emergency placement in a private home shall be 46 removed immediately if any person residing in the home fails 47 to provide fingerprints after being requested to do so, 48 unless the person refusing to provide fingerprints ceases to 49 reside in the private home. 50 3. If the placement of a child is denied as a result 51 of a name-based criminal history check and the denial is 52 contested, all persons over the age of [seventeen] eighteen 53 residing in the home and all children less than [seventeen] 54 eighteen years of age residing in the home who the 55 children's division has determined have been certified as an 56 SB 636 8 adult for the commission of a crime shall, within fifteen 57 calendar days of conducting the Interstate Identification 58 Index (III) name-based check, submit [to the juvenile court 59 or the children's division ] fingerprints and any required 60 fees, in the same manner described in subsection 2 of this 61 section[, accompanying fees, and written permission 62 authorizing the juvenile court or the child ren's division to 63 forward the fingerprints to the state criminal record 64 repository for submission to the Federal Bureau of 65 Investigation. 66 4. No person who submits fingerprints under this 67 section shall be required to submit additional fingerprints 68 under this section or section 210.487 unless the original 69 fingerprints retained by the division are lost or destroyed ]. 70 [5.] 4. Subject to appropriation, the total cost of 71 fingerprinting required by this section may be paid by the 72 state, including reimbursement of persons incurring 73 fingerprinting costs under this section. 74 [6.] 5. For the purposes of this section, "emergency 75 placement" refers to those limited instances when the 76 juvenile court or children's division is placing a child in 77 the home of private individuals, including neighbors, 78 friends, or relatives, as a result of a sudden 79 unavailability of the child's primary caretaker. 80 210.487. 1. The children's division of the department 1 of social services may requi re fingerprint submissions to 2 the Missouri state highway patrol for the purpose of 3 conducting a state and federal fingerprint -based criminal 4 background check. When conducting investigations of persons 5 for the purpose of foster parent licensing, the children's 6 division shall: 7 SB 636 9 (1) Conduct a search for all persons over the age of 8 [seventeen] eighteen in the applicant's household and for 9 any child less than [seventeen] eighteen years of age 10 residing in the applicant's home who the division has 11 determined has been certified as an adult for the commission 12 of a crime for evidence of full orders of protection. The 13 office of state courts administrator shall allow access to 14 the automated court information system by the division. The 15 clerk of each court contacted by the division shall provide 16 the division information within ten days of a request; 17 (2) Obtain fingerprints for any person over the age of 18 [seventeen] eighteen in the applicant's household and for 19 any child less than [seventeen] eighteen years of age 20 residing in the applicant's home who the division has 21 determined has been certified as an adult for the commission 22 of a crime [in the same manner set forth in subsection 2 of 23 section 210.482]. The fingerprints and any required fe es 24 shall be sent to the Missouri state highway patrol's central 25 repository. The fingerprints shall be used for searching 26 the state criminal records repository and shall also be 27 forwarded to the Federal Bureau of Investigation for a 28 federal criminal records search under section 43.540. The 29 Missouri state highway patrol shall notify the juvenile 30 court or the division of any criminal history record 31 information or lack of criminal history record information 32 discovered on the individual. Notwithstanding the 33 provisions of section 610.120 to the contrary, all records 34 related to any criminal history information discovered shall 35 be accessible and available to the juvenile court or the 36 division. The highway patrol shall assist the division and 37 provide the criminal fingerprint background information, 38 SB 636 10 upon request, under and in accordance with the provisions of 39 section 43.540; and 40 (3) Determine whether any person over the age of 41 [seventeen] eighteen residing in the home and any child less 42 than [seventeen] eighteen years of age residing in the 43 applicant's home who the division has determined has been 44 certified as an adult for the commission of a crime is 45 listed on the child abuse and neglect registry. For any 46 children less than [seventeen] eighteen years of age 47 residing in the applicant's home, the [children's] division 48 shall inquire of the applicant whether any children less 49 than [seventeen] eighteen years of age residing in the home 50 have ever been certified as an adult and been convict ed of 51 or pled guilty or nolo contendere to any crime. 52 2. [After the initial investigation is completed under 53 subsection 1 of this section: 54 (1) No person who submits fingerprints under 55 subsection 1 of this section or section 210.482 shall be 56 required to submit additional fingerprints under this 57 section or section 210.482 unless the original fingerprints 58 retained by the division are lost or destroyed; 59 (2) The highway patrol shall provide ongoing 60 electronic updates to criminal history background checks of 61 those persons previously submitted as part of the licensing 62 or approval process under subsection 1 of this section. 63 Ongoing electronic updates for such persons and for those in 64 their households shall terminate when such persons ce ase to 65 be applicant or licensed foster parents; and 66 (3) The children's division and the department of 67 health and senior services may waive the requirement for a 68 fingerprint background check for any subsequent 69 recertification. 70 SB 636 11 3.] Subject to appropriation, the total cost of 71 fingerprinting required by this section may be paid by the 72 state, including reimbursement of persons incurring 73 fingerprinting costs under this section. 74 [4.] 3. The division may make arrangements with other 75 executive branch agencies to obtain any investigative 76 background information. 77 [5.] 4. The division may promulgate rules that are 78 necessary to implement the provisions of this section. Any 79 rule or portion of a rule, as that term is defined in 80 section 536.010, that is created under the authority 81 delegated in this section shall become effective only if it 82 complies with and is subject to all of the provisions of 83 chapter 536 and, if applicable, section 536.028. This 84 section and chapter 536 are nonsever able and if any of the 85 powers vested with the general assembly pursuant to chapter 86 536 to review, to delay the effective date, or to disapprove 87 and annul a rule are subsequently held unconstitutional, 88 then the grant of rulemaking authority and any rule proposed 89 or adopted after August 28, 2004, shall be invalid and void. 90 301.551. 1. The department of revenue may require 1 that fingerprint submissions be made as part of an 2 application seeking licensure for a new motor vehicle 3 franchise dealer, used motor vehicle dealer, powersport 4 dealer, wholesale motor vehicle dealer, motor vehicle 5 dealer, public motor vehicle auction, recreational motor 6 vehicle dealer, trailer dealer, boat dealer, manufacturer, 7 or boat manufacturer, as such t erms are defined in section 8 301.550. 9 2. If the department of revenue requires that 10 fingerprint submissions be made as part of such application, 11 the department of revenue shall require applicants to submit 12 SB 636 12 the fingerprints to the Missouri state hi ghway patrol for 13 the purpose of conducting a state and federal fingerprint - 14 based criminal history background check. 15 3. The fingerprints and any required fees shall be 16 sent to the Missouri state highway patrol's central 17 repository. The fingerprints shall be used for searching 18 the state criminal records repository and shall also be 19 forwarded to the Federal Bureau of Investigation for a 20 federal criminal records search under section 43.540. The 21 Missouri state highway patrol shall notify the depa rtment of 22 any criminal history record information or lack of criminal 23 history record information discovered on the individual. 24 Notwithstanding the provisions of section 610.120 to the 25 contrary, all records related to any criminal history 26 information discovered shall be accessible and available to 27 the department. 28 324.055. 1. The Missouri board of occupational 1 therapy may require that fingerprint submissions be made as 2 part of an application seeking licensure as an occupational 3 therapist or an occupational therapy assistant, or a limited 4 permit to practice occupational therapy, as such terms are 5 defined in section 324.050 and as provided in section 6 324.077. 7 2. If the Missouri board of occupational therapy 8 requires that fingerprint submissions be made as part of 9 such application, the Missouri board of occupational therapy 10 shall require applicants to submit the fingerprints to the 11 Missouri state highway patrol for the purpose of conducting 12 a state and federal fingerpri nt-based criminal history 13 background check. 14 3. The fingerprints and any required fees shall be 15 sent to the Missouri state highway patrol's central 16 SB 636 13 repository. The fingerprints shall be used for searching 17 the state criminal records repository and shall also be 18 forwarded to the Federal Bureau of Investigation for a 19 federal criminal records search under section 43.540. The 20 Missouri state highway patrol shall notify the Missouri 21 board of occupational therapy of any criminal history record 22 information or lack of criminal history record information 23 discovered on the individual. Notwithstanding the 24 provisions of section 610.120 to the contrary, all records 25 related to any criminal history information discovered shall 26 be accessible and available to the Missouri board of 27 occupational therapy. 28 324.129. 1. The state board of registration for the 1 healing arts may require that fingerprint submissions be 2 made as part of an application seeking licensure as a 3 licensed clinical pe rfusionist and provisional clinical 4 licensed perfusionist, as defined in section 324.128. 5 2. If the state board of registration for the healing 6 arts requires that fingerprint submissions be made as part 7 of such application, the state board of regi stration for the 8 healing arts shall require applicants to submit the 9 fingerprints to the Missouri state highway patrol for the 10 purpose of conducting a state and federal fingerprint -based 11 criminal history background check. 12 3. The fingerprints and any required fees shall be 13 sent to the Missouri state highway patrol's central 14 repository. The fingerprints shall be used for searching 15 the state criminal records repository and shall also be 16 forwarded to the Federal Bureau of Investigation for a 17 federal criminal records search under section 43.540. The 18 Missouri state highway patrol shall notify the state board 19 of registration for the healing arts of any criminal history 20 SB 636 14 record information or lack of criminal history record 21 information discovered on the individual. Notwithstanding 22 the provisions of section 610.120 to the contrary, all 23 records related to any criminal history information 24 discovered shall be accessible and available to the state 25 board of registration for the healing arts. 26 324.246. 1. The board of therapeutic massage may 1 require that fingerprint submissions be made as part of an 2 application seeking a license, provisional license, or 3 student license as a massage therapist and a license as a 4 massage business, as such terms are defined in section 5 324.240 and as provided in sections 324.247 and 324.265. 6 2. If the board of therapeutic massage requires that 7 fingerprint submissions be made as part of such application, 8 the board of therapeutic massa ge shall require applicants to 9 submit the fingerprints to the Missouri state highway patrol 10 for the purpose of conducting a state and federal 11 fingerprint-based criminal history background check. 12 3. The fingerprints and any required fees shall be 13 sent to the Missouri state highway patrol's central 14 repository. The fingerprints shall be used for searching 15 the state criminal records repository and shall also be 16 forwarded to the Federal Bureau of Investigation for a 17 federal criminal records search under section 43.540. The 18 Missouri state highway patrol shall notify the board of 19 therapeutic massage of any criminal history record 20 information or lack of criminal history record information 21 discovered on the individual. Notwithstanding the 22 provisions of section 610.120 to the contrary, all records 23 related to any criminal history information discovered shall 24 be accessible and available to the board of therapeutic 25 massage. 26 SB 636 15 324.488. 1. The state board of chiropractic examiners 1 may require that fingerprint submissions be made as part of 2 an application seeking licensure as an acupuncturist, as 3 such term is defined in section 324.475. 4 2. If the state board of chiropractic examiners 5 requires that fingerprint submissions b e made as part of 6 such application, the state board of chiropractic examiners 7 shall require applicants to submit the fingerprints to the 8 Missouri state highway patrol for the purpose of conducting 9 a state and federal fingerprint -based criminal history 10 background check. 11 3. The fingerprints and any required fees shall be 12 sent to the Missouri state highway patrol's central 13 repository. The fingerprints shall be used for searching 14 the state criminal records repository and shall also be 15 forwarded to the Federal Bureau of Investigation for a 16 federal criminal records search under section 43.540. The 17 Missouri state highway patrol shall notify the state board 18 of chiropractic examiners of any criminal history record 19 information or lack of criminal history record information 20 discovered on the individual. Notwithstanding the 21 provisions of section 610.120 to the contrary, all records 22 related to any criminal history information discovered shall 23 be accessible and available to the state board of 24 chiropractic examiners. 25 324.1105. 1. The board of private investigator and 1 private fire investigator examiners may require that 2 fingerprint submissions be made as part of an application 3 seeking licensure as a private investigator or pr ivate fire 4 investigator or as an employee of a private investigator 5 agency or private fire investigator agency, as such terms 6 are defined in section 324.1100. 7 SB 636 16 2. If the board of private investigator and private 8 fire investigator examiners require s that fingerprint 9 submissions be made as part of such application, the board 10 of private investigator and private fire investigator 11 examiners shall require applicants to submit the 12 fingerprints to the Missouri state highway patrol for the 13 purpose of conducting a state and federal fingerprint -based 14 criminal history background check. 15 3. The fingerprints and any required fees shall be 16 sent to the Missouri state highway patrol's central 17 repository. The fingerprints shall be used for searching 18 the state criminal records repository and shall also be 19 forwarded to the Federal Bureau of Investigation for a 20 federal criminal records search under section 43.540. The 21 Missouri state highway patrol shall notify the board of 22 private investigator and pri vate fire investigator examiners 23 of any criminal history record information or lack of 24 criminal history record information discovered on the 25 individual. Notwithstanding the provisions of section 26 610.120 to the contrary, all records related to any crim inal 27 history information discovered shall be accessible and 28 available to the board of private investigator and private 29 fire investigator examiners. 30 326.257. 1. The Missouri state board of accountancy 1 may require that fingerprint su bmissions be made as part of 2 an application seeking licensure as a certified public 3 accountant and a permit for a certified public accounting 4 firm, as defined in section 326.256. 5 2. If the Missouri state board of accountancy requires 6 that fingerprint submissions be made as part of such 7 application, the Missouri state board of accountancy shall 8 require applicants to submit the fingerprints to the 9 SB 636 17 Missouri state highway patrol for the purpose of conducting 10 a state and federal fingerprint -based criminal history 11 background check. 12 3. The fingerprints and any required fees shall be 13 sent to the Missouri state highway patrol's central 14 repository. The fingerprints shall be used for searching 15 the state criminal records repository and shall als o be 16 forwarded to the Federal Bureau of Investigation for a 17 federal criminal records search under section 43.540. The 18 Missouri state highway patrol shall notify the Missouri 19 state board of accountancy of any criminal history record 20 information or lack of criminal history record information 21 discovered on the individual. Notwithstanding the 22 provisions of section 610.120 to the contrary, all records 23 related to any criminal history information discovered shall 24 be accessible and available to the Misso uri state board of 25 accountancy. 26 330.025. 1. The state board of podiatric medicine may 1 require that fingerprint submissions be made as part of an 2 application seeking a permanent license or a temporary 3 license to practice podiatric m edicine, as provided in 4 sections 330.045 and 330.065, or a permanent podiatric 5 medicine license with ankle certification, as such term is 6 defined in subsection 4 of this section. 7 2. If the state board of podiatric medicine requires 8 that fingerprint submissions be made as part of such 9 application, the state board of podiatric medicine shall 10 require applicants to submit the fingerprints to the 11 Missouri state highway patrol for the purpose of conducting 12 a state and federal fingerprint -based criminal history 13 background check. 14 SB 636 18 3. The fingerprints and any required fees shall be 15 sent to the Missouri state highway patrol's central 16 repository. The fingerprints shall be used for searching 17 the state criminal records repository and shall also be 18 forwarded to the Federal Bureau of Investigation for a 19 federal criminal records search under section 43.540. The 20 Missouri state highway patrol shall notify the state board 21 of podiatric medicine of any criminal history record 22 information or lack of c riminal history record information 23 discovered on the individual. Notwithstanding the 24 provisions of section 610.120 to the contrary, all records 25 related to any criminal history information discovered shall 26 be accessible and available to the state board of podiatric 27 medicine. 28 4. For purposes of this section, the term "permanent 29 podiatric medicine license with ankle certification" means a 30 license issued to a doctor of podiatric medicine who has met 31 the requirements for performing surgery on the ankle as 32 provided in section 330.010. 33 331.025. 1. The state board of chiropractic examiners 1 may require that fingerprint submissions be made as part of 2 an application seeking licensure to engage in the practice 3 of chiropractic, as such term is defined in section 331.010. 4 2. If the state board of chiropractic examiners 5 requires that fingerprint submissions be made as part of 6 such application, the state board of chiropractic examiners 7 shall require applicants to submit the fi ngerprints to the 8 Missouri state highway patrol for the purpose of conducting 9 a state and federal fingerprint -based criminal history 10 background check. 11 3. The fingerprints and any required fees shall be 12 sent to the Missouri state highway patrol's central 13 SB 636 19 repository. The fingerprints shall be used for searching 14 the state criminal records repository and shall also be 15 forwarded to the Federal Bureau of Investigation for a 16 federal criminal records search under section 43.540. The 17 Missouri state highway patrol shall notify the state board 18 of chiropractic examiners of any criminal history record 19 information or lack of criminal history record information 20 discovered on the individual. Notwithstanding the 21 provisions of section 610.120 to the cont rary, all records 22 related to any criminal history information discovered shall 23 be accessible and available to the state board of 24 chiropractic examiners. 25 332.015. 1. The Missouri dental board may require 1 that fingerprint submissions be made as part of an 2 application seeking licensure as a dentist, a dental 3 specialist, a volunteer dentist, a temporary dentist, a 4 dental hygienist, or a volunteer dental hygienist, a limited 5 dental teaching license, and a dental faculty permit, as 6 provided in sections 332.091, 332.112, 332.113, 332.171, 7 332.181, 332.183, 332.201, and 332.425. 8 2. If the Missouri dental board requires that 9 fingerprint submissions be made as part of such application, 10 the Missouri dental board shall require appl icants to submit 11 the fingerprints to the Missouri state highway patrol for 12 the purpose of conducting a state and federal fingerprint - 13 based criminal history background check. 14 3. The fingerprints and any required fees shall be 15 sent to the Missouri state highway patrol's central 16 repository. The fingerprints shall be used for searching 17 the state criminal records repository and shall also be 18 forwarded to the Federal Bureau of Investigation for a 19 federal criminal records search under section 43.540 . The 20 SB 636 20 Missouri state highway patrol shall notify the Missouri 21 dental board of any criminal history record information or 22 lack of criminal history record information discovered on 23 the individual. Notwithstanding the provisions of section 24 610.120 to the contrary, all records related to any criminal 25 history information discovered shall be accessible and 26 available to the Missouri dental board. 27 334.015. 1. The state board of registration for the 1 healing arts may require that finger print submissions be 2 made as part of an application for a permanent license, 3 temporary license, or limited license as a physician and 4 assistant physician, as provided in sections 334.035, 5 334.036, 334.045, 334.046, and 334.112. 6 2. If the state board of registration for the healing 7 arts requires that fingerprint submissions be made as part 8 of such application, the state board of registration for the 9 healing arts shall require applicants to submit the 10 fingerprints to the Missouri state highway p atrol for the 11 purpose of conducting a state and federal fingerprint -based 12 criminal history background check. 13 3. The fingerprints and any required fees shall be 14 sent to the Missouri state highway patrol's central 15 repository. The fingerprints shal l be used for searching 16 the state criminal records repository and shall also be 17 forwarded to the Federal Bureau of Investigation for a 18 federal criminal records search under section 43.540. The 19 Missouri state highway patrol shall notify the state board 20 of registration for the healing arts of any criminal history 21 record information or lack of criminal history record 22 information discovered on the individual. Notwithstanding 23 the provisions of section 610.120 to the contrary, all 24 records related to an y criminal history information 25 SB 636 21 discovered shall be accessible and available to the state 26 board of registration for the healing arts. 27 334.403. 1. The state board of registration for the 1 healing arts may require that fingerprint submi ssions be 2 made as part of an application seeking licensure as an 3 anesthesiologist assistant, as such term is defined in 4 section 334.400, or a temporary license to practice as an 5 anesthesiologist assistant, as provided in section 334.406. 6 2. If the state board of registration for the healing 7 arts requires that fingerprint submissions be made as part 8 of such application, the state board of registration for the 9 healing arts shall require applicants to submit the 10 fingerprints to the Missouri state highway patrol for the 11 purpose of conducting a state and federal fingerprint -based 12 criminal history background check. 13 3. The fingerprints and any required fees shall be 14 sent to the Missouri state highway patrol's central 15 repository. The fingerprints shall be used for searching 16 the state criminal records repository and shall also be 17 forwarded to the Federal Bureau of Investigation for a 18 federal criminal records search under section 43.540. The 19 Missouri state highway patrol shall notify the s tate board 20 of registration for the healing arts of any criminal history 21 record information or lack of criminal history record 22 information discovered on the individual. Notwithstanding 23 the provisions of section 610.120 to the contrary, all 24 records related to any criminal history information 25 discovered shall be accessible and available to the state 26 board of registration for the healing arts. 27 334.501. 1. The state board of registration for the 1 healing arts may require that fingerp rint submissions be 2 made as part of an application seeking a license or 3 SB 636 22 temporary license as a physical therapist or physical 4 therapist assistant, as such terms are defined in section 5 334.500 and as provided in section 334.550. 6 2. If the state board of registration for the healing 7 arts requires that fingerprint submissions be made as part 8 of such application, the state board of registration for the 9 healing arts shall require applicants to submit the 10 fingerprints to the Missouri state highway p atrol for the 11 purpose of conducting a state and federal fingerprint -based 12 criminal history background check. 13 3. The fingerprints and any required fees shall be 14 sent to the Missouri state highway patrol's central 15 repository. The fingerprints shal l be used for searching 16 the state criminal records repository and shall also be 17 forwarded to the Federal Bureau of Investigation for a 18 federal criminal records search under section 43.540. The 19 Missouri state highway patrol shall notify the state board 20 of registration for the healing arts of any criminal history 21 record information or lack of criminal history record 22 information discovered on the individual. Notwithstanding 23 the provisions of section 610.120 to the contrary, all 24 records related to an y criminal history information 25 discovered shall be accessible and available to the state 26 board of registration for the healing arts. 27 334.701. 1. The state board of registration for the 1 healing arts may require that fingerprint submi ssions be 2 made as part of an application seeking licensure as an 3 athletic trainer, as such term is defined in section 334.702. 4 2. If the state board of registration for the healing 5 arts requires that fingerprint submissions be made as part 6 of such application, the state board of registration for the 7 healing arts shall require applicants to submit the 8 SB 636 23 fingerprints to the Missouri state highway patrol for the 9 purpose of conducting a state and federal fingerprint -based 10 criminal history background check. 11 3. The fingerprints and any required fees shall be 12 sent to the Missouri state highway patrol's central 13 repository. The fingerprints shall be used for searching 14 the state criminal records repository and shall also be 15 forwarded to the Fede ral Bureau of Investigation for a 16 federal criminal records search under section 43.540. The 17 Missouri state highway patrol shall notify the state board 18 of registration for the healing arts of any criminal history 19 record information or lack of criminal history record 20 information discovered on the individual. Notwithstanding 21 the provisions of section 610.120 to the contrary, all 22 records related to any criminal history information 23 discovered shall be accessible and available to the state 24 board of registration for the healing arts. 25 334.739. 1. The state board of registration for the 1 healing arts may require that fingerprint submissions be 2 made as part of an application seeking a license or 3 temporary license as a physician assist ant, as such term is 4 defined in section 334.735 and as provided in section 5 334.736. 6 2. If the state board of registration for the healing 7 arts requires that fingerprint submissions be made as part 8 of such application, the state board of registrat ion for the 9 healing arts shall require applicants to submit the 10 fingerprints to the Missouri state highway patrol for the 11 purpose of conducting a state and federal fingerprint -based 12 criminal history background check. 13 3. The fingerprints and any r equired fees shall be 14 sent to the Missouri state highway patrol's central 15 SB 636 24 repository. The fingerprints shall be used for searching 16 the state criminal records repository and shall also be 17 forwarded to the Federal Bureau of Investigation for a 18 federal criminal records search under section 43.540. The 19 Missouri state highway patrol shall notify the state board 20 of registration for the healing arts of any criminal history 21 record information or lack of criminal history record 22 information discovered on t he individual. Notwithstanding 23 the provisions of section 610.120 to the contrary, all 24 records related to any criminal history information 25 discovered shall be accessible and available to the state 26 board of registration for the healing arts. 27 334.805. 1. The Missouri board for respiratory care 1 may require that fingerprint submissions be made as part of 2 an application seeking licensure as a respiratory care 3 practitioner, an educational permit to practice respiratory 4 care, or a temporary permit to practice respiratory care, as 5 such terms are defined in section 334.800 and as provided in 6 section 334.890. 7 2. If the Missouri board for respiratory care requires 8 that fingerprint submissions be made as part of such 9 application, the Missouri board for respiratory care shall 10 require applicants to submit the fingerprints to the 11 Missouri state highway patrol for the purpose of conducting 12 a state and federal fingerprint -based criminal history 13 background check. 14 3. The fingerprints and any required fees shall be 15 sent to the Missouri state highway patrol's central 16 repository. The fingerprints shall be used for searching 17 the state criminal records repository and shall also be 18 forwarded to the Federal Bureau of Investigation f or a 19 federal criminal records search under section 43.540. The 20 SB 636 25 Missouri state highway patrol shall notify the Missouri 21 board for respiratory care of any criminal history record 22 information or lack of criminal history record information 23 discovered on the individual. Notwithstanding the 24 provisions of section 610.120 to the contrary, all records 25 related to any criminal history information discovered shall 26 be accessible and available to the Missouri board for 27 respiratory care. 28 335.022. 1. The state board of nursing may require 1 applicants to submit fingerprints to the Missouri state 2 highway patrol for the purpose of conducting a state and 3 federal fingerprint-based criminal history background check 4 for employment purposes with t he state board of nursing. 5 2. The fingerprints and any required fees shall be 6 sent to the Missouri state highway patrol's central 7 repository. The fingerprints shall be used for searching 8 the state criminal records repository and shall also be 9 forwarded to the Federal Bureau of Investigation for a 10 federal criminal records search under section 43.540. The 11 Missouri state highway patrol shall notify the state board 12 of nursing of any criminal history record information or 13 lack of criminal history record information discovered on 14 the individual. Notwithstanding the provisions of section 15 610.120 to the contrary, all records related to any criminal 16 history information discovered shall be accessible and 17 available to the state board of nursing. 18 335.042. 1. The state board of nursing may require 1 that fingerprint submissions be made as part of an 2 application seeking licensure to practice as a registered 3 nurse, practical nurse, and advanced practice registered 4 nurse, as such terms are defined in section 335.016. 5 SB 636 26 2. If the state board of nursing requires that 6 fingerprint submissions be made as part of such application, 7 the state board of nursing shall require nursing applicants 8 to submit the fingerprints to the Misso uri state highway 9 patrol for the purpose of conducting a state and federal 10 fingerprint-based criminal history background check. 11 3. The fingerprints and any required fees shall be 12 sent to the Missouri state highway patrol's central 13 repository. The fingerprints shall be used for searching 14 the state criminal records repository and shall also be 15 forwarded to the Federal Bureau of Investigation for a 16 federal criminal records search under section 43.540. The 17 Missouri state highway patrol shall not ify the state board 18 of nursing of any criminal history record information or 19 lack of criminal history record information discovered on 20 the individual. Notwithstanding the provisions of section 21 610.120 to the contrary, all records related to any crimin al 22 history information discovered shall be accessible and 23 available to the state board of nursing. 24 336.025. 1. The state board of optometry may require 1 that fingerprint submissions be made as part of an 2 application seeking licensur e to practice as an optometrist, 3 as provided in sections 336.010 and 336.030. 4 2. If the state board of optometry requires that 5 fingerprint submissions be made as part of such application, 6 the state board of optometry shall require applicants to 7 submit the fingerprints to the Missouri state highway patrol 8 for the purpose of conducting a state and federal 9 fingerprint-based criminal history background check. 10 3. The fingerprints and any required fees shall be 11 sent to the Missouri state highwa y patrol's central 12 repository. The fingerprints shall be used for searching 13 SB 636 27 the state criminal records repository and shall also be 14 forwarded to the Federal Bureau of Investigation for a 15 federal criminal records search under section 43.540. The 16 Missouri state highway patrol shall notify the state board 17 of optometry of any criminal history record information or 18 lack of criminal history record information discovered on 19 the individual. Notwithstanding the provisions of section 20 610.120 to the contra ry, all records related to any criminal 21 history information discovered shall be accessible and 22 available to the state board of optometry. 23 337.018. 1. The state committee of psychologists may 1 require that fingerprint submissions be m ade as part of an 2 application seeking licensure as a licensed psychologist, 3 provisional licensed psychologist, and temporary license for 4 a licensed psychologist. 5 2. If the state committee of psychologists requires 6 that fingerprint submissions be made as part of such 7 application, the state committee of psychologists shall 8 require applicants to submit the fingerprints to the 9 Missouri state highway patrol for the purpose of conducting 10 a state and federal fingerprint -based criminal history 11 background check. 12 3. The fingerprints and any required fees shall be 13 sent to the Missouri state highway patrol's central 14 repository. The fingerprints shall be used for searching 15 the state criminal records repository and shall also be 16 forwarded to the Federal Bureau of Investigation for a 17 federal criminal records search under section 43.540. The 18 Missouri state highway patrol shall notify the state 19 committee of psychologists of any criminal history record 20 information or lack of criminal history reco rd information 21 discovered on the individual. Notwithstanding the 22 SB 636 28 provisions of section 610.120 to the contrary, all records 23 related to any criminal history information discovered shall 24 be accessible and available to the state committee of 25 psychologists. 26 337.308. 1. The behavior analyst advisory board may 1 require that fingerprint submissions be made as part of an 2 application seeking licensure, provisional licensure, or 3 temporary licensure as a licensed behavior analyst or a 4 licensed assistant behavior analyst, as such terms are 5 defined in section 337.300. 6 2. If the behavior analyst advisory board requires 7 that fingerprint submissions be made as part of such 8 application, the behavior analyst advisory board shall 9 require applicants to submit the fingerprints to the 10 Missouri state highway patrol for the purpose of conducting 11 a state and federal fingerprint -based criminal history 12 background check. 13 3. The fingerprints and any required fees shall be 14 sent to the Missouri state highway patrol's central 15 repository. The fingerprints shall be used for searching 16 the state criminal records repository and shall also be 17 forwarded to the Federal Bureau of Investigation for a 18 federal criminal records search under section 4 3.540. The 19 Missouri state highway patrol shall notify the behavior 20 analyst advisory board of any criminal history record 21 information or lack of criminal history record information 22 discovered on the individual. Notwithstanding the 23 provisions of section 610.120 to the contrary, all records 24 related to any criminal history information discovered shall 25 be accessible and available to the behavior analyst advisory 26 board. 27 SB 636 29 337.501. 1. The committee for professional counselors 1 may require that fingerprint submissions be made as part of 2 an application seeking licensure as a licensed professional 3 counselor and provisional licensed professional counselor, 4 as defined in section 337.500. 5 2. If the committee for professional counselo rs 6 requires that fingerprint submissions be made as part of 7 such application, the committee for professional counselors 8 shall require applicants to submit the fingerprints to the 9 Missouri state highway patrol for the purpose of conducting 10 a state and federal fingerprint-based criminal history 11 background check. 12 3. The fingerprints and any required fees shall be 13 sent to the Missouri state highway patrol's central 14 repository. The fingerprints shall be used for searching 15 the state criminal recor ds repository and shall also be 16 forwarded to the Federal Bureau of Investigation for a 17 federal criminal records search under section 43.540. The 18 Missouri state highway patrol shall notify the committee for 19 professional counselors of any criminal histo ry record 20 information or lack of criminal history record information 21 discovered on the individual. Notwithstanding the 22 provisions of section 610.120 to the contrary, all records 23 related to any criminal history information discovered shall 24 be accessible and available to the committee for 25 professional counselors. 26 337.605. 1. The state committee for social workers 1 may require that fingerprint submissions be made as part of 2 an application seeking a license or a temporary permit to 3 practice as a licensed clinical social worker, licensed 4 advanced macro social worker, licensed master social worker, 5 and licensed baccalaureate social worker, as such terms are 6 SB 636 30 defined in section 337.600 and as provided in section 7 337.621. 8 2. If the state committee for social workers requires 9 that fingerprint submissions be made as part of such 10 application, the state committee for social workers shall 11 require applicants to submit the fingerprints to the 12 Missouri state highway patrol for the p urpose of conducting 13 a state and federal fingerprint -based criminal history 14 background check. 15 3. The fingerprints and any required fees shall be 16 sent to the Missouri state highway patrol's central 17 repository. The fingerprints shall be used for s earching 18 the state criminal records repository and shall also be 19 forwarded to the Federal Bureau of Investigation for a 20 federal criminal records search under section 43.540. The 21 Missouri state highway patrol shall notify the state 22 committee for social workers of any criminal history record 23 information or lack of criminal history record information 24 discovered on the individual. Notwithstanding the 25 provisions of section 610.120 to the contrary, all records 26 related to any criminal history informatio n discovered shall 27 be accessible and available to the state committee for 28 social workers. 29 337.702. 1. The state committee of marital and family 1 therapists may require that fingerprint submissions be made 2 as part of an application s eeking licensure as a licensed 3 marital and family therapist or provisional licensed marital 4 and family therapist as such terms are defined in section 5 337.700. 6 2. If the state committee of marital and family 7 therapists requires that fingerprint su bmissions be made as 8 part of such application, the state committee of marital and 9 SB 636 31 family therapists shall require applicants to submit the 10 fingerprints to the Missouri state highway patrol for the 11 purpose of conducting a state and federal fingerprint -based 12 criminal history background check. 13 3. The fingerprints and any required fees shall be 14 sent to the Missouri state highway patrol's central 15 repository. The fingerprints shall be used for searching 16 the state criminal records repository and sha ll also be 17 forwarded to the Federal Bureau of Investigation for a 18 federal criminal records search under section 43.540. The 19 Missouri state highway patrol shall notify the state 20 committee of marital and family therapists of any criminal 21 history record information or lack of criminal history 22 record information discovered on the individual. 23 Notwithstanding the provisions of section 610.120 to the 24 contrary, all records related to any criminal history 25 information discovered shall be accessible and ava ilable to 26 the state committee of marital and family therapists. 27 338.052. 1. The board of pharmacy may require that 1 fingerprint submissions be made as part of an application 2 seeking a license to practice pharmacy as a pharmacist, a 3 certificate of registration as a pharmacy technician, a 4 license as an intern pharmacist, a license as a wholesale 5 drug distributor, a license as a third -party logistics 6 provider, a temporary license as a pharmacist, a permit for 7 the practice of pharmac y to be conducted at a pharmacy, and 8 a license as a drug outsourcer, as provided in sections 9 338.010, 338.013, 338.035, 338.043, 338.050, 338.210, and 10 338.330, and a manager -in-charge, wholesale drug distributor 11 facility manager, third -party logistics provider facility 12 manager, wholesale drug distributor facility owner, or third - 13 SB 636 32 party logistics provider facility owner, as such terms are 14 defined in subsection 4 of this section. 15 2. If the board of pharmacy requires that fingerprint 16 submissions be made as part of such application, the board 17 of pharmacy shall require applicants to submit the 18 fingerprints to the Missouri state highway patrol for the 19 purpose of conducting a state and federal fingerprint -based 20 criminal history background check. 21 3. The fingerprints and any required fees shall be 22 sent to the Missouri state highway patrol's central 23 repository. The fingerprints shall be used for searching 24 the state criminal records repository and shall also be 25 forwarded to the Federal Bureau of Investigation for a 26 federal criminal records search under section 43.540. The 27 Missouri state highway patrol shall notify the board of 28 pharmacy of any criminal history record information or lack 29 of criminal history record information discovered on the 30 individual. Notwithstanding the provisions of section 31 610.120 to the contrary, all records related to any criminal 32 history information discovered shall be accessible and 33 available to the board of pharmacy. 34 4. For purposes of this section, th e following terms 35 mean: 36 (1) "Manager-in-charge", a person who directly 37 supervises a licensed wholesale drug distributor or a third - 38 party logistics provider, as such terms are defined in 39 section 338.330, and whose fingerprints are required by 40 federal or state law for licensure of a wholesale drug 41 distributor facility or third -party logistics provider 42 facility; 43 (2) "Third-party logistics provider facility manager", 44 a person who is a manager and direct supervisor of a 45 SB 636 33 licensed third-party logistics provider, as such term is 46 defined in section 338.330, and whose fingerprints are 47 required by federal or state law for licensure of a third - 48 party logistics provider facility; 49 (3) "Third-party logistics provider facility owner", a 50 person who is an owner with greater than ten percent 51 ownership interest of a licensed third -party logistics 52 provider, as such term is defined in section 338.330, and 53 whose fingerprints are required by federal or state law for 54 licensure of a third -party logistics provider facility; 55 (4) "Wholesale drug distributor facility manager", a 56 person who is a manager of a wholesale drug distributor, as 57 such term is defined in section 338.330, and whose 58 fingerprints are required by federal or state law for 59 licensure of a wholesale drug distributor facility; 60 (5) "Wholesale drug distributor facility owner", a 61 person who is an owner with greater than ten percent 62 ownership interest of a licensed wholesale drug distributor, 63 as such term is defined in section 338.330, and whose 64 fingerprints are required by federal or state law for 65 licensure of a wholesale drug distributor facility. 66 339.015. 1. The Missouri real estate commission may 1 require that fingerprint submissions be made as part of an 2 application seeking licensure as a real estate broker, real 3 estate salesperson, and real estate broker -salesperson, as 4 such terms are defined in section 339.010 and as provided in 5 sections 339.030 and 339.040. 6 2. If the Missouri real estate c ommission requires 7 that fingerprint submissions be made as part of such 8 application, the Missouri real estate commission shall 9 require applicants to submit the fingerprints to the 10 Missouri state highway patrol for the purpose of conducting 11 SB 636 34 a state and federal fingerprint-based criminal history 12 background check. 13 3. The fingerprints and any required fees shall be 14 sent to the Missouri state highway patrol's central 15 repository. The fingerprints shall be used for searching 16 the state criminal reco rds repository and shall also be 17 forwarded to the Federal Bureau of Investigation for a 18 federal criminal records search under section 43.540. The 19 Missouri state highway patrol shall notify the Missouri real 20 estate commission of any criminal history re cord information 21 or lack of criminal history record information discovered on 22 the individual. Notwithstanding the provisions of section 23 610.120 to the contrary, all records related to any criminal 24 history information discovered shall be accessible and 25 available to the Missouri real estate commission. 26 339.510. 1. The Missouri real estate appraisers 1 commission may require that fingerprint submissions be made 2 as part of an application seeking licensure as a certified 3 residential appraiser, a certified residential appraiser 4 trainee, a certified general appraiser, a certified general 5 appraiser trainee, a state -licensed appraiser, a state - 6 licensed appraiser trainee, an appraisal management company, 7 a controlling person of an appra isal management company, and 8 an owner of an appraisal management company. 9 2. If the Missouri real estate appraisers commission 10 requires that fingerprint submissions be made as part of 11 such application, the Missouri real estate appraisers 12 commission shall require applicants to submit the 13 fingerprints to the Missouri state highway patrol for the 14 purpose of conducting a state and federal fingerprint -based 15 criminal history background check. 16 SB 636 35 3. The fingerprints and any required fees shall be 17 sent to the Missouri state highway patrol's central 18 repository. The fingerprints shall be used for searching 19 the state criminal records repository and shall also be 20 forwarded to the Federal Bureau of Investigation for a 21 federal criminal records search under section 43.540. The 22 Missouri state highway patrol shall notify the Missouri real 23 estate appraisers commission of any criminal history record 24 information or lack of criminal history record information 25 discovered on the individual. Notwithstanding the 26 provisions of section 610.120 to the contrary, all records 27 related to any criminal history information discovered shall 28 be accessible and available to the Missouri real estate 29 appraisers commission. 30 4. For purposes of this section, the fol lowing terms 31 mean: 32 (1) "Appraisal management company", an individual that 33 utilizes an appraisal panel and performs appraisal 34 management services for licensure; 35 (2) "Appraisal management services", to perform any of 36 the following functions o n behalf of a lender, financial 37 institution, or client: 38 (a) Administer an appraiser panel; 39 (b) Recruit, qualify, verify licensing or 40 certification, and negotiate fees and service level 41 expectations with persons who are part of an appraiser p anel; 42 (c) Receive an order for an appraisal from one 43 individual and deliver the order for the appraisal to an 44 appraiser that is part of an appraiser panel for completion; 45 (d) Track and determine the status of orders for 46 appraisals performed by appraisers who are part of an 47 appraisal panel; 48 SB 636 36 (e) Conduct quality control of a completed appraisal 49 performed by an appraiser who is part of an appraisal panel 50 prior to the delivery of the appraisal to the individual who 51 ordered the appraisal; and 52 (f) Provide a completed appraisal performed by an 53 appraiser who is part of an appraisal panel to one or more 54 individuals who have ordered an appraisal; 55 (3) "Certified general appraiser", an individual who 56 is qualified by education, expe rience, and examination to 57 appraise any real property, and whose fingerprints are 58 required for licensure; 59 (4) "Certified general appraiser trainee", an 60 individual who, under supervision, is qualified to appraise 61 certain real property and whose fi ngerprints are required 62 for licensure; 63 (5) "Certified residential appraiser", an individual 64 who is qualified to appraise certain real property and whose 65 fingerprints are required for licensure; 66 (6) "Certified residential appraiser trainee", an 67 individual who, under supervision, is qualified to appraise 68 certain real property and whose fingerprints are required 69 for licensure; 70 (7) "Controlling person of an appraisal management 71 company": 72 (a) An owner of an appraisal management com pany; 73 (b) An individual employed, appointed, or authorized 74 by an appraisal management company that has the authority to 75 enter into a contractual relationship with other persons for 76 the performance of appraisal management services and has the 77 authority to enter into agreements with appraisers for the 78 performance of appraisals; or 79 SB 636 37 (c) An individual who possesses the power to direct or 80 cause the direction of the management or policies of an 81 appraisal management company whose fingerprints are required 82 for licensure; 83 (8) "Owner of an appraisal management company", an 84 individual who owns ten percent or more of a licensed 85 appraisal management company and whose fingerprints are 86 required for licensure; 87 (9) "State-licensed appraiser", an individual who is 88 qualified to appraise certain real property and whose 89 fingerprints are required for licensure; 90 (10) "State-licensed appraiser trainee", an individual 91 who, under supervision, is qualified to appraise certain 92 real property and whose fingerprints are required for 93 licensure. 94 345.016. 1. The state board of registration for the 1 healing arts may require that fingerprint submissions be 2 made as part of an application seeking a license, as 3 described in section 345.020, or provisional license, as 4 described in section 345.021, as an audiologist, an 5 audiology aide, a speech -language pathologist, a speech - 6 language pathology aide, and a speech -language pathology 7 assistant, as such terms are defined in section 3 45.015. 8 2. If the state board of registration for the healing 9 arts requires that fingerprint submissions be made as part 10 of such application, the state board of registration for the 11 healing arts shall require applicants to submit the 12 fingerprints to the Missouri state highway patrol for the 13 purpose of conducting a state and federal fingerprint -based 14 criminal history background check. 15 3. The fingerprints and any required fees shall be 16 sent to the Missouri state highway patrol's central 17 SB 636 38 repository. The fingerprints shall be used for searching 18 the state criminal records repository and shall also be 19 forwarded to the Federal Bureau of Investigation for a 20 federal criminal records search under section 43.540. The 21 Missouri state highway pat rol shall notify the state board 22 of registration for the healing arts of any criminal history 23 record information or lack of criminal history record 24 information discovered on the individual. Notwithstanding 25 the provisions of section 610.120 to the cont rary, all 26 records related to any criminal history information 27 discovered shall be accessible and available to the state 28 board of registration for the healing arts. 29 374.711. 1. The department of commerce and insurance 1 may require that fingerprint submissions be made as part of 2 an application seeking a license, or renewal of a license, 3 for a general bail bond agent, a bail bond agent, or a 4 surety recovery agent, as such terms are defined in section 5 374.700. 6 2. If the department of commerce and insurance 7 requires that fingerprint submissions be made as part of 8 such application, the department of commerce and insurance 9 shall require applicants to submit the fingerprints to the 10 Missouri state highway patrol for the purpose o f conducting 11 a state and federal fingerprint -based criminal history 12 background check. 13 3. The fingerprints and any required fees shall be 14 sent to the Missouri state highway patrol's central 15 repository. The fingerprints shall be used for searching 16 the state criminal records repository and shall also be 17 forwarded to the Federal Bureau of Investigation for a 18 federal criminal records search under section 43.540. The 19 Missouri state highway patrol shall notify the department of 20 SB 636 39 any criminal history record information or lack of criminal 21 history record information discovered on the individual. 22 Notwithstanding the provisions of section 610.120 to the 23 contrary, all records related to any criminal history 24 information discovered shall be accessible and available to 25 the department. 26 436.225. 1. The director of the division of 1 professional registration may require that fingerprint 2 submissions be made as part of an application seeking 3 licensure as an athlete agent. 4 2. If the director of the division of professional 5 registration requires that fingerprint submissions be made 6 as part of such application, the director of the division of 7 professional registration shall require applicants to submit 8 the fingerprints to the Mis souri state highway patrol for 9 the purpose of conducting a state and federal fingerprint - 10 based criminal history background check. 11 3. The fingerprints and any required fees shall be 12 sent to the Missouri state highway patrol's central 13 repository. The fingerprints shall be used for searching 14 the state criminal records repository and shall also be 15 forwarded to the Federal Bureau of Investigation for a 16 federal criminal records search under section 43.540. The 17 Missouri state highway patrol shall n otify the director of 18 the division of professional registration of any criminal 19 history record information or lack of criminal history 20 record information discovered on the individual. 21 Notwithstanding the provisions of section 610.120 to the 22 contrary, all records related to any criminal history 23 information discovered shall be accessible and available to 24 the director of the division of professional registration. 25 SB 636 40 4. For purposes of this section, the term "athlete 26 agent" means an individual who: 27 (1) Recruits or solicits a student athlete to enter 28 into an agency contract or, for compensation, procures 29 employment or offers, promises, attempts, or negotiates to 30 obtain employment for a student athlete as a professional 31 athlete or member of a professional sports team or 32 organization; 33 (2) For compensation or in anticipation of 34 compensation related to a student athlete's participation in 35 athletics: 36 (a) Serves the student athlete in an advisory capacity 37 on a matter related to fina nces, business pursuits, or 38 career management decisions, unless the individual is an 39 employee of an educational institution acting exclusively as 40 an employee of the educational institution for the benefit 41 of the educational institution; or 42 (b) Manages the business affairs of the student 43 athlete by providing assistance with bills, payments, 44 contracts, or taxes; or 45 (3) In anticipation of representing a student athlete 46 for a purpose related to the student athlete's participation 47 in athletics: 48 (a) Gives consideration to the student athlete or 49 another person; 50 (b) Serves the student athlete in an advisory capacity 51 on a matter related to finances, business pursuits, or 52 career management decisions; or 53 (c) Manages the business affairs of the student 54 athlete by providing assistance with bills, payments, 55 contracts, or taxes. 56 SB 636 41 443.702. 1. The division of finance may require that 1 fingerprint submissions be made as part of an application 2 seeking licensure to act as a residential mortgage loan 3 broker or a mortgage loan originator. 4 2. If the division of finance requires that 5 fingerprint submissions be made as part of such application, 6 the division of finance shall require applicants to submit 7 the fingerprints to the Missouri state highway patrol for 8 the purpose of conducting a state and federal fingerprint - 9 based criminal history background check. 10 3. The fingerprints and any required fees shall be 11 sent to the Missouri state highway patrol's cent ral 12 repository. The fingerprints shall be used for searching 13 the state criminal records repository and shall also be 14 forwarded to the Federal Bureau of Investigation for a 15 federal criminal records search under section 43.540. The 16 Missouri state highway patrol shall notify the division of 17 finance of any criminal history record information or lack 18 of criminal history record information discovered on the 19 individual. Notwithstanding the provisions of section 20 610.120 to the contrary, all records rela ted to any criminal 21 history information discovered shall be accessible and 22 available to the division of finance. 23 4. For purposes of this section, the following terms 24 mean: 25 (1) "Mortgage loan originator", an individual who for 26 compensation or gain or in the expectation of compensation 27 or gain takes a residential mortgage loan application, or 28 offers or negotiates terms of a residential mortgage loan. 29 Mortgage loan originator does not include: 30 SB 636 42 (a) An individual engaged solely as a loa n processor 31 or underwriter except as otherwise provided in sections 32 443.701 to 443.893; 33 (b) An individual that only performs real estate 34 brokerage activities and is licensed or registered in 35 accordance with the law of this state, unless the perso n is 36 compensated by a lender, a mortgage broker, or other 37 mortgage loan originator or by any agent of such lender, 38 mortgage broker, or other mortgage loan originator; 39 (c) An individual solely involved in extensions of 40 credit relating to time -share plans, as the term time -share 41 plans is defined in 11 U.S.C. Section 101(53D); 42 (d) An individual who is servicing a mortgage loan; or 43 (e) An individual employed by a licensed mortgage 44 broker or loan originator who accepts or receives 45 residential mortgage loan applications; 46 (2) "Residential mortgage loan broker", an individual, 47 other than an exempt individual, engaged in the business of 48 brokering, funding, servicing, or purchasing residential 49 mortgage loans. 50 476.802. 1. The office of state courts administrator 1 may require that fingerprint submissions be made as part of 2 the application of certification as a qualified interpreter, 3 pursuant to section 476.800. 4 2. If the office of state courts administrator 5 requires that fingerprint submissions be made as part of 6 such application, the office of state courts administrator 7 shall submit fingerprints to the Missouri state highway 8 patrol for the purpose of conducting a state and federal 9 fingerprint-based criminal history background check on 10 applicants. 11 SB 636 43 3. The fingerprints and any required fees shall be 12 sent to the Missouri state highway patrol's central 13 repository. The fingerprints shall be used for searching 14 the state criminal records repository and shall also be 15 forwarded to the Federal Bureau of Investigation for a 16 federal criminal records search under section 43.540. The 17 Missouri state highway patrol shall notify the office of 18 state courts administrator of any criminal history record 19 information or lack of criminal history record information 20 discovered on the individual. Notwithstanding the 21 provisions of section 610.120 to the contrary, all records 22 related to any criminal history information discovered shall 23 be accessible and available t o the office of state courts 24 administrator of Missouri. 25 484.125. 1. The Missouri supreme court may require 1 that fingerprint submissions be made as part of an 2 application of licensure for admission or reinstatement to 3 the Missouri Bar in order to engage in the practice of law 4 or law business, as such terms are defined in section 5 484.010. 6 2. If the Missouri supreme court requires that 7 fingerprint submissions be made as part of such application, 8 the Missouri supreme court sha ll submit the fingerprints to 9 the Missouri state highway patrol for the purpose of 10 conducting a state and federal fingerprint -based criminal 11 history background check. 12 3. The fingerprints and any required fees shall be 13 sent to the Missouri state h ighway patrol's central 14 repository. The fingerprints shall be used for searching 15 the state criminal records repository and shall also be 16 forwarded to the Federal Bureau of Investigation for a 17 federal criminal records search under section 43.540. The 18 SB 636 44 Missouri state highway patrol shall notify the Missouri 19 supreme court of any criminal history record information or 20 lack of criminal history record information discovered on 21 the individual. Notwithstanding the provisions of section 22 610.120 to the contrary, all records related to any criminal 23 history information discovered shall be accessible and 24 available to the Missouri supreme court. 25 590.060. 1. The POST commission shall establish 1 minimum standards for training instructors an d training 2 centers, and the director shall establish minimum 3 qualifications for admittance into a basic training course. 4 2. The director shall license training instructors, 5 centers, and curricula, and may probate, suspend and revoke 6 such licenses upon written notice stating the reasons for 7 such action. Any person aggrieved by a decision pursuant to 8 this subsection may appeal as provided in chapter 536. 9 3. Each person seeking entrance into a basic training 10 program shall submit [a fingerprint card and authorization ] 11 fingerprints for the purpose of conducting a [criminal 12 history] state and federal fingerprint -based background 13 check [to include the records of the Federal Bureau of 14 Investigation to the training center where such person is 15 seeking entrance. The training center shall cause a 16 criminal history background check to be made and shall cause 17 the resulting report to be forwarded to the director. The 18 person seeking entrance may be charged a fee for the cost of 19 this procedure]. Fingerprints and any required fees shall 20 be sent to the Missouri state highway patrol's central 21 repository. The fingerprints shall be used for searching 22 the state criminal records repository and shall also be 23 forwarded to the Federal Bureau of Invest igation for a 24 federal criminal records search under section 43.540. The 25 SB 636 45 Missouri state highway patrol shall notify the director of 26 any criminal history record information or lack of criminal 27 history record information discovered on the individual. 28 Notwithstanding the provisions of section 610.120 to the 29 contrary, all records related to any criminal history 30 information discovered shall be accessible and available to 31 the director. 32 640.011. 1. The department of natural resources may 1 require that fingerprint submissions be made as part of an 2 application seeking employment or to volunteer with the 3 department of natural resources. 4 2. If the department of natural resources requires 5 that fingerprint submissions be made as par t of such 6 application, the department of natural resources shall 7 require applicants to submit the fingerprints to the 8 Missouri state highway patrol for the purpose of conducting 9 a state and federal fingerprint -based criminal history 10 background check. 11 3. The fingerprints and any required fees shall be 12 sent to the Missouri state highway patrol's central 13 repository. The fingerprints shall be used for searching 14 the state criminal records repository and shall also be 15 forwarded to the Federal Bure au of Investigation for a 16 federal criminal records search under section 43.540. The 17 Missouri state highway patrol shall notify the department of 18 natural resources of any criminal history record information 19 or lack of criminal history record informatio n discovered on 20 the individual. Notwithstanding the provisions of section 21 610.120 to the contrary, all records related to any criminal 22 history information discovered shall be accessible and 23 available to the department of natural resources. 24 