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