Missouri 2025 Regular Session

Missouri Senate Bill SB78 Compare Versions

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

Old	New	Differences
1	1
2	2	FIRST REGULAR SESSION
3	3	SENATE BILL NO. 78
4	4	103RD GENERAL ASSEMBLY
5	5	INTRODUCED BY SENATOR SCHNELTING.
6	6	1244S.01I KRISTINA MARTIN, Secretary
7	7	AN ACT
8	8	To amend chapter 324, RSMo, by adding thereto one new section relating to professional licensing.
9	9
10	10	Be it enacted by the General Assembly of the State of Missouri, as follows:
11	11	Section A. Chapter 324, RSMo, is amended by adding thereto 1
12	12	one new section, to be known as section 324.033, to read as 2
13	13	follows:3
14	14	324.033. 1. This section shall be known and may be 1
15	15	cited as the "First Amendment Protection Act". 2
16	16	2. As used in this section, the following terms mean: 3
17	17	(1) "Adverse action", any action taken to discharge, 4
18	18	demote, or suspend an individual as an employee or to 5
19	19	threaten, harass, or otherwise discriminate against an 6
20	20	individual; 7
21	21	(2) "License", a license, certificate, registration, 8
22	22	permit, or accreditation that enables a person to legally 9
23	23	practice an occupation, profession, or activity in this 10
24	24	state; 11
25	25	(3) "Licensee", a licensee, registrant, permittee, or 12
26	26	any other person holding a license; 13
27	27	(4) "Oversight body", any board, department, agency, 14
28	28	or office that issues licenses. 15
29	29	3. If a complaint received under section 324.002 is 16
30	30	based on the licensee's exercise of rights protected under 17
31	31	the free exercise clause or the free speech clause of the 18
32	32	Constitution of Missouri or the Constitution of the United 19 SB 78 2
33	33	States, the board or commission shall immediately cease any 20
34	34	investigation of the licensee and dismiss the complaint. 21
35	35	4. Notwithstanding the provisions of section 324.042 22
36	36	or any other provision of law governing unprofessional 23
37	37	conduct or discipline of a licensee or applicant of a 24
38	38	license to the contrary, it shall not be unprofessional 25
39	39	conduct for a licensee or applicant of a license to engage 26
40	40	in the exercise of rights protected under the free exercise 27
41	41	clause or the free speech clause of the Cons titution of 28
42	42	Missouri or the Constitution of the United States. An 29
43	43	oversight body shall not impose discipline for engaging in 30
44	44	the exercise of such rights. 31
45	45	5. (1) It shall be considered unprofessional conduct 32
46	46	for a licensee or applicant of a lice nse to aid or abet a 33
47	47	person or organization in taking an adverse action against 34
48	48	another licensee or applicant of a license because of speech 35
49	49	or conduct that: 36
50	50	(a) Is not made in the licensee's or license 37
51	51	applicant's professional capacity; and 38
52	52	(b) Had the adverse action been taken by a state 39
53	53	actor, would have been protected under the free exercise 40
54	54	clause or the free speech clause of the Constitution of 41
55	55	Missouri or the Constitution of the United States. 42
56	56	(2) The unprofessional conduct d escribed in this 43
57	57	subsection shall be grounds for an oversight body to take 44
58	58	any action that it is authorized to take for other conduct 45
59	59	for which discipline may be imposed according to its 46
60	60	complaint procedure. 47
61	61	