[Title 1—OFFICE OF ADMINISTRATION

Division 70—Missouri Assistive Technology Advisory

Council

Chapter 1—Assistive Technology Programs]

Title 5—DEPARTMENT OF ELEMENTARY AND 

SECONDARY EDUCATION

Division 110—Missouri Assistive Technology Advisory

Council

Chapter 1—Assistive Technology Programs

PROPOSED AMENDMENT

[1 CSR 70-1.010] 5 CSR 110-1.010 Telecommunications Access

Program. The council proposes to move this rule from Title 1 to

Title 5 and to amend sections (3), (4), (5), (8), (9), and (10).

PURPOSE: This amendment is being proposed to move rules from the

Office of Administration to the Department of Elementary and

Secondary Education and to ensure appropriate access to equipment

by consumers. The amendment also places limits on certifying agents

from charging fees and on vendors, certifying agents, and consumer

support entities from engaging in publicity without written approval.

The amendment also further defines requirements for consumer support services.

(3) Applicant Eligibility.

(A) Eligible applicants shall:

1. Be certified by a licensed physician, audiologist, speech

pathologist, hearing instrument specialist or qualified agency as

unable to use traditional telecommunications equipment due to disability;

2. Have specific adaptive telecommunications equipment designated by an approved agent;

3. Be residents of Missouri; 

4. Meet financial income standards;

5. Have access to basic in-home telephone equipment and service if applying for adaptive telephone equipment or have access to

basic [Internet] in-home computer equipment and Internet service

if applying for adaptive computer equipment. 

(B) Applicants shall be eligible for one adaptive equipment system

that provides access to basic telecommunication. Applicants shall not

be eligible for more than one equipment system to provide access in

more than one location, for example, equipment for both upstairs and

downstairs in a residence [or equipment for both work and

home]. 

(4) General Application and Certification Procedures.

(A) Individuals shall apply for equipment from the program, on

forms approved by the program administrator, that include:

1. Applicant name, address, home and work phone, date of

birth, Social Security number;

2. Assurance of Missouri residency, assurance of current access

to basic [telephone] telecommunications equipment and service,

assurance of income level;

3. Identification of current or past use of adaptive equipment;

4. Specific request for specialized equipment or request for

assistance in selecting equipment and agreement to allow the program to release their name, address, and phone number to an

agency that provides consumer support;

5. Original applicant signature and date.

[(B) Applicants may elect to allow the program to release

their name, address, and phone number to an agency that

provides consumer support. Applicants who have a hearing

disability may elect to allow the program to release their

name, address, and date of birth to the Missouri Commission

for the Deaf to be used solely for completing the commission’s census.]

[(C)] (B) In addition to information required on the application

and certification form, applicants shall supply any additional information which the program administrator deems reasonably necessary

to determine the applicant’s eligibility and to assist in determining

the adaptive equipment which best meets the applicant’s needs.

[(D)] (C) Certifying agents shall, on forms approved by the program administrator, certify that the applicant, by name, is unable to

use traditional telecommunications equipment because of a specific

category of disability. [Equipment approving agents shall designate that the applicant needs specific adaptive equipment as

identified on forms approved by the program administrator.]

The certifying agent shall sign and date the certification and provide

state license number if certifying as a physician, audiologist, hearing

instrument specialist or speech pathologist. Certifiers shall possess

full licensure, not temporary or provisional. Approved agency representatives certifying shall provide the name of the approved agency.

All certifying agents shall provide their name, address, and phone

Proposed Rules

194

Under this heading will appear the text of proposed rules

and changes. The notice of proposed rulemaking is

required to contain an explanation of any new rule or any

change in an existing rule and the reasons therefor. This is set

out in the Purpose section with each rule. Also required is a

citation to the legal authority to make rules. This appears following the text of the rule, after the word “Authority.”

Entirely new rules are printed without any special symbology under the heading of the proposed rule. If an existing rule is to be amended or rescinded, it will have a heading

of proposed amendment or proposed rescission. Rules which

are proposed to be amended will have new matter printed in

boldface type and matter to be deleted placed in brackets.

An important function of the Missouri Register is to solicit

and encourage public participation in the rulemaking

process. The law provides that for every proposed rule,

amendment or rescission there must be a notice that anyone

may comment on the proposed action. This comment may

take different forms.

I

f an agency is required by statute to hold a public hearing

before making any new rules, then a Notice of Public

Hearing will appear following the text of the rule. Hearing

dates must be at least thirty (30) days after publication of the

notice in the Missouri Register. If no hearing is planned or

required, the agency must give a Notice to Submit

Comments. This allows anyone to file statements in support

of or in opposition to the proposed action with the agency

within a specified time, no less than thirty (30) days after publication of the notice in the Missouri Register. 

An agency may hold a public hearing on a rule eventhough not required by law to hold one. If an agency

allows comments to be received following the hearing date,

the close of comments date will be used as the beginning day

in the ninety (90)-day-count necessary for the filing of the

order of rulemaking.

I

f an agency decides to hold a public hearing after planning

not to, it must withdraw the earlier notice and file a new

notice of proposed rulemaking and schedule a hearing for a

date not less than thirty (30) days from the date of publication

of the new notice.

Proposed Amendment Text Reminder:

Boldface text indicates new matter.

[Bracketed text indicates matter being deleted.]

January 16, 2008

Vol. 33, No. 2

MISSOURI

REGISTER
number to enable the program administrator to contact them as necessary. [Equipment approving agents shall sign the equipment

designation form and shall provide their approval number.]

(5) [Approval of] Certifying [and Equipment Approving

Agencies and] Agents.

[(B) Entities desiring to be designated as an equipment

approval agent shall participate in periodic training provided

by the program administrator. Such training shall include

specific information about adaptive telecommunications

equipment to support appropriate equipment selection. Upon

satisfactory completion of initial training, the program

administrator will provide equipment approval designation

and will thereafter renew equipment approval designation

based on subsequent participation in required training.

Equipment approval agents who do not participate in periodic training shall not retain approval designation.] 

[(C)] (B) The program administrator will maintain a list of

approved certifying [and equipment approval] agencies and those

personnel of the agency who are approved to certify [and designate

equipment matches. A list of approved certifying and equipment approval agencies will be included with applicant education information and otherwise made available as widely

as possible].

(C) Agencies or individuals who charge a fee to certify that the

applicant is unable to use traditional telecommunications equipment due to disability, shall provide the applicant with information about certifying agents who will provide that service free of

charge. The program administrator will make a list of such certifying agencies readily available on the Internet or upon request. 

(8) Confidentiality. All applicant information shall be kept confidential except for approved release of information for purposes specified

on the application form or long-term loan agreement.

(9) Publicity. Vendors responsible for distributing adaptive equipment under contract with the program, certifying agents, and

entities providing consumer support services shall not engage in

or be party to any publicity that includes or in any way references the Telecommunications Access Program or consumer eligibility for such program without the express written approval of

the Missouri Assistive Technology Advisory Council.

[(9)] (10) TAP for Telephone Specific Procedures.

(A) Equipment Provided—Adaptive telephone equipment shall be

provided in sufficient scope to meet the needs of individuals with all

types of disabilities and shall be procured in a cost effective manner.

1. The program administrator shall develop and maintain a list

of adaptive telephone equipment designed to provide reasonable

access to basic telephone service for individuals with a wide range of

disabilities. The list will be provided with the application and certification form. The program will monitor the market for devices that

might be added to the program to better meet individual needs and

will update the list as necessary to remain current with the market.

2. Adaptive telephones or adaptive devices that attach to the

telephone shall be considered first to provide access. For the majority of program applicants, adaptive equipment that attaches to or

replaces the typical end-unit telephone will be available on the

approved list to meet their needs. Equipment that does not directly

attach to or replace the phone will be provided by the program when

no other device will deliver the needed access.

3. The program may provide equipment not on the list if such

equipment is necessary for basic telephone access and is cost effective as compared to devices on the list.

4. The program shall not provide adaptive devices needed for

one-to-one personal communication such as hearing aids, artificial

larynx, or other augmentative communication devices. 

5. The program shall maintain a list of vendors with which it

has contracted to provide adaptive telephone equipment in a costeffective manner.

6. The program shall only provide captioned telephone voice

carry-over equipment when the applicant is unable to effectively

utilize an amplified telephone due to degree of hearing loss and

significantly impaired speech discrimination. 

(C) Consumer Support—The program administrator shall deliver

consumer support services directly or through contracts or other

working relationships with qualified individuals, organizations,

vendors, or other entities.

1. Consumer support providers shall:

[1.]A. Have expertise and experience of sufficient depth and

breadth to assist consumers in identifying adaptive telephone equipment that will meet their needs;

[2.]B. Be able to provide adaptive telephone equipment orientation and use training; 

[3.]C. Participate in training activities as may be required by

the program administrator to assure equipment competency; and 

[4.]D. Be able to demonstrate equipment knowledge and

competency as requested by the program administrator.

2. Individuals or agencies desiring to provide consumer support services shall participate in periodic training as deemed necessary by the program administrator. Such training shall include

specific information about adaptive telephone equipment necessary to support appropriate equipment selection and use ensuring appropriate match of person and equipment. Individuals or

agencies eligible to provide consumer support include:

A. Licensed or certified professionals whose scope of

practice of record allows them to designate rehabilitative and

habilitative equipment as part of their licensure or certification;

and

B. Non-profit agencies who regularly work with persons

with disabilities and/or have specialized knowledge about adaptive telephone equipment and access to equipment for demonstration and trial purposes. Agencies with narrowly focused contact with individuals with disabilities can be approved to provide

consumer support limited to that focus. 

3. Specific non-profit agencies shall be designated by the

program administrator to provide consumer support for captioned telephone voice carry-over equipment. Designated agencies shall satisfactorily participate in periodic training provided

by the program administrator that includes information critical

to support appropriate matching of applicants to this specialized

equipment. 

(D) Equipment Ownership, Usage, Repair and Replacement—

1. Adaptive telephone equipment purchased for an individual

applicant may be owned by that applicant or may be provided on a

long-term loan basis at the discretion of the program administrator

based on determination of effectiveness.

2. Adaptive telephone equipment will be covered by the product

warranty or by a one (1)-year express warranty provided via the

Missouri Lemon Law for Assistive Devices.

3. The program administrator may provide a repair and replacement program.

4. Miscellaneous supplies, such as Text Telephone (TTY) paper,

are the applicant’s responsibility.

5. An applicant shall be eligible for replacement equipment

every four (4) years, unless their disability needs change. The program administrator may approve equipment replacement within this

time period for extenuating circumstances.

6. If an applicant’s disability changes, rendering the adaptive

telephone equipment inappropriate to meet their needs, the applicant

may reapply for new equipment and shall provide a description of the

disability change.

Page 195 January 16, 2008

Vol. 33, No. 2 Missouri Register
7. Adaptive telephone equipment, in particular the captioned telephone voice carry-over system, shall not be used as an

accommodation for in-person communications, meetings, or

other interactions in place of real-time captioning or interpreter

services.

[(10)] (11) TAP for Internet Specific Procedures.

(A) Equipment Provided—Adaptive equipment needed for Internet

access shall be provided in sufficient scope to meet the needs of individuals with all types of disabilities and shall be procured in a cost

effective manner. 

1. The program administrator shall develop and maintain a list

of adaptive equipment designed to provide reasonable access to basic

Internet service for individuals with a wide range of disabilities. The

equipment list shall include adaptive computer equipment that is

compatible with a wide range of commonly used computers, operating systems, browsers and electronic mail applications. The list will

be provided with the application and certification form. The program

will monitor the market for devices that might be added to the program to better meet individual needs and will update the list as necessary to remain current with the market. 

2. The program may provide equipment not on the list if such

equipment is necessary for basic Internet access and is cost effective

when compared to devices on the list. 

3. The program will not provide:

A. Base computer equipment or connection equipment needed for Internet access such as a standard computer, monitor, keyboard, mouse, modem, dial-up application, browser, electronic mail

application, or other standard Internet related hardware and software;

B. Service from an Internet service provider;

C. Print output devices such as laser printers and braille

embossers;

D. Adaptive devices needed for one-to-one personal communication such as hearing aids, artificial larynx, or other augmentative

communication devices; 

E. Devices needed for Internet access beyond computer adaptations, such as adaptive devices for cable television-based Internet

access; 

F. Keyboarding or other training beyond consumer support in

the use of adaptive equipment. 

4. The program shall not be obligated to provide adaptive equipment necessary for access to every Internet browser application,

electronic mail application, dial-up application, or other Internet

related software. 

5. The program shall maintain a list of vendors with which it

has contracted to provide adaptive computer equipment. 

(B) Application Processing—The program administrator shall

process TAP for Internet applications and deliver equipment and services that assure an appropriate match between an individual with a

disability and adaptive equipment. 

1. Each application shall be reviewed for completeness. If any

information is incomplete, the applicant will be contacted and

requested to supply such information. 

2. Each applicant’s eligibility will be verified by information

provided on the application form. 

3. If the application:

A. Requests equipment on the approved list, and no installation or usage support is needed, the request will be matched with disability certification and approved;

B. Includes an equipment worksheet completed by an

approved consumer support provider, verifying applicant needs for

the adaptive computer equipment identified, the application will be

approved and authorization for consumer support services provided

as needed;

C. Requests equipment not on the approved list, the explanation will be reviewed to determine if the equipment is necessary for

basic Internet access and is cost effective as compared to devices on

the list. If so, the equipment request will be approved.

4. Upon verification of applicant eligibility and determination of

equipment/disability match, the program administrator shall order

the equipment from an approved vendor and will notify the applicant

that the equipment has been ordered. 

5. Equipment orders shall include applicant name, make and

model of equipment ordered, applicant or consumer support provider

shipping address, and date of order. The program administrator shall

transmit equipment orders directly to the vendor by facsimile or via

other time expedient mechanism that is mutually agreeable. 

6. Applicants will be notified if their equipment request cannot

be approved as submitted and will be asked to revise their equipment

request accordingly. 

7. Upon receipt of equipment order, the vendor shall ship the

equipment directly to the applicant’s Missouri residence or to an

approved consumer support provider by verifiable delivery mechanism. 

8. The vendor shall provide the program administrator with a

monthly invoice of all equipment ordered and delivered. 

9. The program administrator may establish alternative and pilot

programs to increase program quality and consumer satisfaction. 

(C) Consumer Support—The program administrator shall deliver

consumer support services directly or through contracts with individuals, organizations, vendors, or other entities. Consumer support

providers shall:

1. Have expertise and experience of sufficient depth and breadth

to assist consumers in identifying adaptive computer equipment that

will meet their needs for Internet access;

2. Be able to provide adaptive computer equipment installation,

orientation and use training; 

3. Participate in training activities as may be required by the

program administrator to assure equipment competency; and 

4. Be able to demonstrate equipment knowledge and competency as required by the program administrator. 

(D) Equipment Ownership, Repair and Replacement— 

1. Adaptive computer equipment purchased for an individual

applicant shall be owned by that applicant and applicants are in general responsible for service, repair, and replacement. 

2. Configuration and compatibility adjustments, such as those

created by Internet service provider changes or changes in operating

system software, are the applicant’s responsibility.

3. An applicant shall be eligible for replacement equipment

every three years. The program administrator may approve equipment replacement within this time period for extenuating circumstances. 

4. The program administrator will regularly review all upgrades

to software products on contract for the program. If the upgrade is

determined to be necessary for product efficiency and is cost effective, the upgrade will be provided notwithstanding the replacement

cycle. All applicants who received a product eligible for an upgrade

will be notified by the program and asked to submit an upgrade

request. 

5. If an applicant’s disability changes, rendering the adaptive

equipment needed for Internet access inappropriate to meet their

needs, the applicant may reapply for new equipment and shall provide a description of the disability change. 

AUTHORITY: section 209.253, RSMo 2000. This rule originally filed

as 8 CSR 70-1.010. Emergency rule filed July 28, 2000, effective

Aug. 28, 2000, expired Feb. 23, 2001. Original rule filed July 28,

2000, effective Jan. 30, 2001. For intervening history, please consult

the Code of State Regulations. Moved to 5 CSR 110-1.010 and

amended: Filed Dec. 5, 2007.

PUBLIC COST: This proposed amendment will not cost state agencies or political subdivisions more than five hundred dollars ($500)

in the aggregate.

Page 196 Proposed Rules

January 16, 2008

Vol. 33, No. 2
PRIVATE COST: This proposed amendment will not cost private entities more than five hundred dollars ($500) in the aggregate.

NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in

support of or in opposition to this proposed amendment with the

Missouri Assistive Technology Advisory Council, 4731 South

Cochise, Suite 114, Independence, MO 64015 or email at matpmo@swbell.net. To be considered, comments must be received within thirty (30) days after publication in the Missouri Register. No

public hearing is scheduled.

[Title 1—OFFICE OF ADMINISTRATION

Division 70—Missouri Assistive Technology Advisory

Council

Chapter 1—Assistive Technology Programs]

Title 5—DEPARTMENT OF ELEMENTARY AND 

SECONDARY EDUCATION

Division 110 —Missouri Assistive Technology Advisory

Council

Chapter 1—Assistive Technology Programs

PROPOSED AMENDMENT

[1 CSR 70-1.020] 5 CSR 110-1.020 Assistive Technology Loan

Program. The council proposes to move this rule from Title 1 to

Title 5 and to amend sections (4), and (6).

PURPOSE: This amendment is being proposed to move rules from

the Office of Administration to the Department of Elementary and

Secondary Education and to allow the council to establish interest

rates and maximum loan amounts that meet the needs of consumers.

(4) Equipment Eligible for Assistive Technology Loan Funds.

(A) Allowable devices shall include, but not be limited to:

1. Wheelchairs, motorized scooters and other mobility aids;

2. Braille equipment;

3. Scanners;

4. Hearing aids and other assistive listening systems;

5. Augmentative communication systems;

6. Environmental control units;

7. Computers and adaptive computer peripherals;

8. Building modifications for accessibility limited to the cost of

the modifications;

9. Motor vehicle modifications for accessibility. [Motor vehicles such as automobiles, vans, or trucks are not eligible

items for revolving loans.]

(6) Loan Standards.

(A) Interest Rates. As a Special Purpose Credit Program under

Section 8 of Regulation B of the Equal Credit Opportunity Act, the

loan program may base interest rates on economic need rather than

credit risk factors. The council shall establish an interest rate formula for borrowers based on individual payment abilities. [The interest rate for individuals with an adjusted gross annual income

of sixty thousand dollars ($60,000) or more shall be one (1)

percentage point above the prime interest rate or higher.

The interest rate for individuals with an adjusted gross annual income of at least thirty thousand dollars ($30,000) but

less than sixty thousand dollars ($60,000) shall be the prime

interest rate or lower. The interest rate for individuals with

an adjusted gross annual income of at least fifteen thousand

dollars ($15,000) but less than thirty thousand dollars

($30,000) shall be one (1) percentage point below the prime

interest rate or lower. The interest rate for individuals with

an adjusted gross income of less than fifteen thousand dollars ($15,000) shall be two (2) percentage points below the

prime interest rate or lower.] Loans may be made with no interest. 

(D) Loan Amount. [The maximum loan amount per applicant

for revolving loans for the fiscal year immediately following

adoption of this rule shall be fifteen thousand dollars

($15,000). Thereafter, t]The council shall have the authority to

review and adjust the maximum loan amount.

AUTHORITY: section 191.865, RSMo 2000. This rule originally filed

as 8 CSR 70-1.020. Original rule filed July 10, 2001, effective Jan.

30, 2002. Amended: Filed Feb. 4, 2004, effective Aug. 30, 2004.

Moved to 1 CSR 70-1.020 and amended: Filed May 23, 2005, effective Dec. 30, 2005. Moved to 5 CSR 110-1.020 and amended: Filed

Dec. 5, 2007.

PUBLIC COST: This proposed amendment will not cost state agencies or political subdivisions more than five hundred dollars ($500)

in the aggregate.

PRIVATE COST: This proposed amendment will not cost private entities more than five hundred dollars ($500) in the aggregate.

NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in

support of or in opposition to this proposed amendment with the

Missouri Assistive Technology Advisory Council, 4731 South

Cochise, Suite 114, Independence, MO 64015 or email at matpmo@swbell.net. To be considered, comments must be received within thirty (30) days after publication in the Missouri Register. No

public hearing is scheduled.

Title 6—DEPARTMENT OF HIGHER EDUCATION

Division 10—Commissioner of Higher Education

Chapter 10—Out-of-State Public Institutions

PROPOSED RULE

6 CSR 10-10.010 Out-of-State Public Institutions

PURPOSE: This rule describes the requirements with which out-ofstate public institutions that offer instruction in Missouri must comply.

(1) Definitions.

(A) CBHE: The Coordinating Board for Higher Education created by section 173.005(2), RSMo.

(B) MDHE: The Missouri Department of Higher Education created by section 173.005(1), RSMo.

(C) Out-of-state public institution: An educational institution as

defined by section 173.005.11(a), RSMo.

(D) Course: A defined and unique educational offering with discrete objectives and requirements in support of a program, whether

conducted in person, by mail, or through any telecommunication

medium.

(E) Program: A complete academic or vocational educational

offering that fulfills the requirements for the awarding of a certificate

or a degree. A program may consist of one (1) or more courses and

shall, upon satisfactory completion, fulfill an academic, occupational, or other training objective.

(F) Offer: To enroll or seek to enroll anyone residing in the state

of Missouri in a course or program beyond the high school level.

(2) No out-of-state public institution shall offer programs or courses

in Missouri without receiving prior approval of the CBHE to do so.

Failure to seek and receive approval prior to the delivery of instruction and/or the enrollment of students shall be sufficient cause to

deny approval to offer courses or programs.

Page 197 January 16, 2008

Vol. 33, No. 2 Missouri Register
(3) Approval from the CBHE to offer programs or courses shall be

valid for a period of no more than three (3) years. During the period of approval, the out-of-state public institution must provide annual data reports concerning their operations in Missouri as specified

by the MDHE.

(4) Degree Program Approval: As of July 1, 2008, the standards for

approving degree programs of out-of-state public institutions will be

substantially identical to the standards for Missouri public institutions of higher education, with the exception of the standards relating to program financing. The proposal components will be those

required by the MDHE under the “Policies and Procedures for the

Review of Academic Program Proposals” adopted by the CBHE on

April 17, 1997, and standards for approval will be those specified in

that policy.

(5) Course Approval: All courses offered by an out-of-state public

institution that are not creditable toward a degree program approved

by the MDHE for delivery in Missouri must meet, as determined by

the MDHE, the following criteria in order to be approved by the

CBHE:

(A) The course must be applicable to a recognized program

offered by the delivering institution on its home campus;

(B) The course must be of adequate content and duration so as to

be considered consistent with similar coursework offered on the

institution’s home campus or with coursework in the same subject

area offered by other higher education institutions;

(C) The course must be taught by regular institutional faculty with

educational and experiential qualifications that, in the judgment of

the MDHE, are in excess of the level of the program to which the

course is applicable;

(D) Students enrolling in the course must have access to adequate

academic and student support services, including but not limited to

advising, library, financial assistance, and technical assistance;

(E) Students enrolling in the course must have access to adequate

information regarding the course content and objectives, all costs

associated with enrollment, and the applicability of the course to

degree programs offered by the delivering institution; and

(F) Courses offered by telecommunication means must have evidence of sufficient support from the home campus to ensure students

have the means to achieve the stated objectives in a manner consistent with students enrolled on the home campus and must be aligned

with the “Principles of Good Practice for Distance-Learning/WebBased Courses” adopted by the CBHE on April 13, 2000.

(6) In order to be approved, the applicant institution must:

(A) Provide documentation that the courses and programs offered

by the institution in Missouri are included within the scope of accreditation currently granted by the institution’s recognized accrediting

body and, as applicable, any applicable programmatic accrediting

agency; and

(B) Agree to comply with all CBHE policies relating to data collection, cooperation, and resolution of disputes.

(7) Nothing in this regulation shall be construed or interpreted so that

students attending an out-of-state public institution of higher education are considered to be attending a Missouri public institution of

higher education for purposes of obtaining student financial assistance.

AUTHORITY: section 173.005, RSMo 2007. Original rule filed Dec.

17, 2007.

PUBLIC COST: This proposed rule will not cost any public entity

more than five hundred dollars ($500) in the aggregate.

PRIVATE COST: This proposed rule will not cost private entities

more than five hundred dollars ($500) in the aggregate.

NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in

support of or in opposition to this proposed rule with the Missouri

Department of Higher Education, 3515 Amazonas Drive, Jefferson

City, Missouri 65109. To be considered, comments must be received

within thirty (30) days after publication of this notice in the Missouri

Register. No public hearing is scheduled.

Title 10—DEPARTMENT OF NATURAL RESOURCES

Division 20—Clean Water Commission

Chapter 4—Grants

PROPOSED AMENDMENT

10 CSR 20-4.010 Construction Grant[s] and Loan Priority

System. The Clean Water Commission is amending the rule title and

sections (1), (2), and (5) and deleting sections (3) and (4).

PURPOSE: This amendment changes the way in which the commission will prioritize projects for the Clean Water State Revolving Fund

(CWSRF) and certain state grant and loan programs. This amendment also changes the methods used by the commission to develop

and modify lists of projects eligible for funding under the CWSRF

program and certain state grant and loan programs.

(1) Priority Point System. The commission will prioritize potential

grant and loan projects[, with the exception of unsewered

community reserve projects,] by assigning priority points under

subsection (1)(A) of this section. In certain unique situations, the

commission may award special priority under subsection (1)(B) of

this section. [The commission will prioritize unsewered community reserve projects by assigning priority points under

subsection (1)(C) of this section.]

(A) [Basic] Priority Points. The commission will [use the

mathematical formula contained in this subsection to award

basic] award priority points to each potential grant or loan project,

based on the total points awarded for the following seven (7) sections. Factors D, E, and F apply only to proposed nonpoint

source projects. Proposed nonpoint source projects must be consistent with the current Missouri Nonpoint Source Management

Plan. [with the exception of unsewered community reserve

projects. The description of each of the factors contained in

this formula is contained in paragraphs (1)(A)1.–10. of this

rule.

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January 16, 2008

Vol. 33, No. 2
For the purpose of assigning points under factors A and B

below, the receiving water is considered to be the immediate water course into which the discharge flows; however, in

those cases where the immediate receiving water is not

classified in Water Quality Standards, 10 CSR 20-7.031, a

downstream classified water body will be considered to be

the receiving water if the publicly-owned treatment works

(POTW) discharge is either within one (1) mile of the classified water, or is farther away than one (1) mile, but has a

demonstrated or predicted use impairment on the classified

water.]

1. Factor A—watershed. Factor A [expresses the seven (7)-

day Q10 streamflow of the stream receiving discharge from

existing POTWs to be improved or eliminated by the proposed grant project. This factor is expressed in cubic feet

per second. For lake discharges, factor A equals ten (10).

In the case of those proposed grant projects which will not

improve or eliminate existing POTWs, factor A equals zero

(0);] points are awarded if the proposed project will maintain,

improve, protect, or enhance the overall water quality within the

watershed. Points will be assigned for each of the areas identified

in subparagraphs 1.A. through 1.E. of this paragraph. For the

purpose of assigning points under factors A-1 and A-2 below, the

receiving water is considered to be the immediate water course

into which the discharge flows; however, in those cases where the

immediate receiving water is not classified in Water Quality

Standards, 10 CSR 20-7.031, a downstream classified water body

will be considered to be the receiving water if the publicly-owned

treatment works (POTW) discharge or Nonpoint Source (NPS)

area is within two (2) miles of the classified water. 

A. Factor A-1 expresses the beneficial uses of the water

body receiving discharge from existing POTWs or NPS areas to

be improved or eliminated by the proposed grant or loan project.

The values for Factor A-1 are calculated by adding the total values calculated under part (1)(A)1.A.(I) through part

(1)(A)1.A.(III) of this subparagraph. 

(I) Fifteen (15) points are awarded for each of the following beneficial uses identified in rule 10 CSR 20-7.031: whole

body contact recreation and drinking water supply.

(II) Ten (10) points are awarded for each of the following beneficial uses identified in rule 10 CSR 20-7.031: cool water

fisheries, cold water fisheries, protection of warm water aquatic

life/human health (fish consumption) or secondary contact recreation.

(III) Five (5) points are awarded for each of the following beneficial uses identified in rule 10 CSR 20-7.031 and not

contained in part (1)(A)1.A.(I) through part (1)(A)1.A.(II).

B. Factor A-2 awards points for proposed grant projects

which will improve or eliminate existing POTWs or NPS areas

which directly discharge to certain sensitive waters. The value

for Factor A-2 is calculated by awarding fifteen (15) points for

each of the following: losing stream as designated by the Division

of Geology and Land Survey; Outstanding National Resource

Waters; and Outstanding State Resource Waters. Ten (10) points

are awarded for lakes or metropolitan no-discharge streams as

identified in rule 10 CSR 20-7.031.

C. Factor A-3 awards points for targeted water bodies. A

targeted water body is one in which a Total Maximum Daily Load

(TMDL) has been promulgated or is listed on the most recent

303(d) list. Fifteen points (15) will be awarded where a TMDL

has been promulgated for the receiving water body and the pro

posed project addresses an identified problem. Ten (10) points

will be awarded if the receiving water body is listed on the most

recent 303(d) list and the proposed project addresses an identified problem. No more than fifteen (15) points shall be awarded

for Factor A-3.

D. Factor A-4 awards points for watershed planning. Five

(5) points will be awarded if the proposed project is part of a

comprehensive watershed plan.

E. Factor A-5 awards points for regionalization or consolidation. Fifteen (15) points shall be awarded if the proposed project serves more than one (1) community or the proposed project

will eliminate multiple wastewater treatment facilities.

2. Factor B[. Factor B expresses the beneficial uses of

the stream or lake receiving discharge from existing POTWs

to be improved or eliminated by the proposed grant project.

The values for Factor B were calculated by adding the total

values calculated under subparagraphs (1)(A)2.A. and B. of

this rule. Factor B equals zero (0) for all proposed grant projects which will not improve or eliminate existing POTWs or

which do not qualify under subparagraphs (1)(A)2.A. or B.

of this rule.

A. Two (2) points are awarded for each of the following beneficial uses identified in rule 10 CSR 20-7.031:

whole body contact recreation, drinking water supply and

cold water sport fisheries.

B. One (1) point is awarded for each beneficial use

identified in rule 10 CSR 20-7.031 and not contained in subparagraph (1)(A)2.A. of this rule.]—POTW. Factor B points

will be awarded if the proposed project will address a potential

or existing water pollution problem. Points will be assigned for

each of the areas identified in subparagraphs 2.A. through 2.D.

of this paragraph.

A. Factor B-1 equals fifteen (15) points if the proposed

project will eliminate or adequately treat combined or sanitary

sewer overflows.

B. Factor B-2 equals fifteen (15) points if the proposed

project is for the construction of a new wastewater treatment

facility, an increase in capacity or an increase in the level of treatment at an existing wastewater treatment facility. Factor B-2

equals ten (10) points if the project is for the rehabilitation or

process improvement of an existing wastewater treatment facility.

C. Factor B-3 equals ten (10) points if the proposed project is primarily to address a documented water quality or public health problem attributable to failing or failed on-site wastewater disposal systems. If incidental, factor B-3 equals five (5)

points. Documentation to be provided by any local, county, or

state health or environmental professional.

D. Factor B-4 equals fifteen (15) points if the proposed

project is for collection system rehabilitation to reduce or eliminate inflow or infiltration. Factor B-4 equals ten (10) points for a

new collection system, the expansion of or an upgrade to an existing collection system. 

3. Factor C[. Factor C equals two (2) points for proposed

grant projects lying in the Ozark area. For purposes of this

paragraph, the Ozark area is defined as areas of exposed

Ordovicianage and older formations, and Burlington limestone in southwest Missouri. For projects lying outside the

Ozark area, factor C equals zero (0).]—sustainability and

readiness to proceed. Points will be assigned for each of the areas

identified in subparagraphs 3.A. through 3.F. of this paragraph. 

A. Factor C-1 equals fifteen (15) points if the applicant

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Vol. 33, No. 2 Missouri Register

Log 10(A + 1) + B + C +D + Log 10(E) + F + (G ÷ 10)

Basic Priority Points = (A÷J) + H + V × 10

H 
has maintained adequate user charge rates for the existing systems operation and maintenance for the past five (5) years.

B. Factor C-2 equals ten (10) points if the applicant has

maintained an inflow/infiltration reduction program for the past

five (5) years. 

C. Factor C-3 equals five (5) points if the applicant has a

water and/or energy conservation plan. 

D. Factor C-4 equals five (5) points if the median household income of the applicant, is less than seventy-five percent

(75%) of the state median household income as reported in the

most recent decennial census. 

E. Factor C-5 equals twenty-five (25) points if the applicant has submitted, as part of their application, a complete engineering report/facility plan and has an acceptable debt instrument including any necessary funding commitments from other

state and/or federal agencies. 

F. Factor C-6 equals five (5) points if the applicant’s project is specifically identified in a master wastewater or capital

improvement plan. 

G. Factor C-7 equals ten (10) points if the applicant’s governing board has received training related to the management

and operation of wastewater infrastructure.

4. Factor D[. Factor D awards additional points for proposed grant projects which will improve or eliminate existing

POTW’s which directly discharge to certain sensitive waters.

The value for factor D is calculated by awarding two (2)

points for each of the following: losing stream as designated by the Division of Geology and Land Survey; Wild and

Scenic Riverways as designated by the National Forest

Service or the National Park Service; lakes; or, metropolitan

no-discharge streams as identified in rule 10 CSR 20-7.031.

For all other projects, factor D equals zero (0).]—

untreated/uncontrolled runoff. Stormwater runoff from agricultural, suburban, and urban areas such as farms, homes, buildings, roads or parking lots, resulting in flooding of local streams,

erosion of stream banks, or increased pollutant transport. Points

will be assigned for each of the areas identified in subparagraphs

4.A. through 4.C. of this paragraph.

A. Factor D-1 equals ten (10) points if the proposed project is for a structural device designed to receive stormwater

runoff, and detain it for a period of time in order to reduce pollutant transport and stream erosion. 

B. Factor D-2 equals five (5) points if the proposed project

entails conservation measures that protect water quality and

make land areas more productive. 

C. Factor D-3 equals ten (10) points if the proposed project is to address water quality issues at a landfill. A landfill is

any site where the disposal of non-hazardous wastes and/or

sludge occurs or has occurred by placing them in or on the land,

compacting, and covering with a layer of soil. Proper elements

such as a capping system, leachate collection system, side slope

seepage prevention and control system, monitoring wells are

needed to prevent water quality degradation. 

5. Factor E[. Factor E expresses the 1980 population or

population equivalent. In most cases, factor E equals the

estimated 1980 population contained in the proposed project’s service area. However, in those cases known to have

significant industrial organic loadings, factor E equals the

estimated 1980 population plus the estimated industrial

organic loadings expressed as population equivalents.]—

Groundwater pollution. Points will be assigned for each of the

areas identified in subparagraphs 5.A. through 5.E. of this paragraph. 

A. Factor E-1 expresses the beneficial uses of the groundwater area being impacted by nonpoint source pollution. The

value for factor E-1 is calculated by adding the total values

expressed under part (1)(A)5.A.(I) and part (1)(A)5.A.(II) of this

subparagraph. Factor E-1 equals zero (0) for all proposed projects that will not improve or eliminate nonpoint source pollution

from groundwater. 

(I) Fifteen (15) points are awarded if the groundwater is

a drinking water supply source; and

(II) Five (5) points are awarded if the groundwater is

used for industrial purposes, irrigation, and/or livestock/wildlife

watering.

B. Factor E-2 equals ten (10) points if the proposed project primarily addresses a documented water quality or public

health problem attributable to failing or failed on-site wastewater

disposal systems. If incidental, factor B-3 equals five (5) points.

Documentation to be provided by any local, county, or state

health or environmental professional. 

C. Factor E-3 equals five (5) points if the proposed project addresses water quality problems caused by petroleum storage tanks. 

D. Factor E-4 equals ten (10) points if the proposed project addresses water quality problems caused by a hazardous

waste site that is participating in the department’s Voluntary

Cleanup Program. 

E. Factor E-5 equals ten (10) points if the proposed project addresses water quality problems caused by inadequate landfill leachate collection and treatment. 

6. Factor F[. Factor F equals three (3) points for known

problems or one (1) point for potential problems resulting

from industrial discharge to an existing POTW of priority pollutants identified by Environmental Protection Agency (EPA).

These points will only apply to those projects which propose

to improve or eliminate the existing POTW having these

industrial discharges. Factor F equals zero (0) for all other

projects.]—Aquatic/riparian habitat. Aquatic/riparian habitat is

a vegetated or potentially vegetated ecosystem along a water body

through which energy, materials, and water pass thereby providing nutrient recycling and biological diversity. Factor F equals

ten (10) points if the proposed project is to restore aquatic/riparian habitat and/or to prevent aquatic/riparian habitat degradation.

[7. Factor G. Factor G equals the monthly average concentration, in milligrams per liter, of the biochemical oxygen

demand 5 (BOD5) in excess of the National Pollutant

Discharge Elimination System (NPDES) permit limits for

existing POTWs to be improved or eliminated by the proposed grant project. The concentration of BOD5 being discharged is calculated by averaging BOD5 values reported to

the department by the permittee in the discharge monitoring

reports required in the NPDES permit. The department will

adjust values downward where excessively high BOD5 is

thought to result from lack of proper operation and maintenance, rather than physical plant problems (See also subsection (4)(A) of this rule).

8. Factor H. Factor H equals the estimated effluent flow

expressed in cubic feet per second. These estimates were

based upon 1980 population estimates, assuming one hundred (100) gallons of effluent will be generated per capita

per day. The department will add any known, significant

flows to this estimated domestic flow.

9. Factor J. Factor J expresses a dilution factor adjustment. Values for this factor are calculated for proposed

grant projects which will improve or eliminate existing

POTWs in subparagraphs (1)(A)9.A.–C. of this rule.

A. Factor J equals five hundred (500) if the existing

POTW discharge does not meet applicable NPDES limits for

fecal coliform and discharge is to a stream or lake designated for whole body contact recreation in rule 10 CSR 20-

7.031.

B. Factor J equals fifty (50) if the factor C equals two

(2) under paragraph (1)(A)3. of this rule and if the project

does not qualify for five hundred (500) points under

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January 16, 2008

Vol. 33, No. 2
subparagraph (1)(A)9.A. of this rule.

C. Factor J equals five (5) if discharge is to a prairie

stream or to a stream in the Mississippi Embayment area and

if the project does not qualify for five hundred (500) points

under subparagraph (1)(A)9.A. of this rule.

10. Factor V. Factor V expresses the impact of POTWs

to be improved or eliminated by the proposed grant project,

on the receiving stream or lake. Factor V is assigned a value

of from zero to twelve (0–12) points, based on the classification of the receiving water in 10 CSR 20-7.031, the severity of the impact and the length of the affected receiving

water reach. Data from direct observations are used, and

impacts are estimated, based on similar situations, where no

specific data are available.]

(B) Special Priority. The commission may assign special priority

and override the priority points assigned to a project under subsection (1)(A) of this rule and place that project on the planning, fundable or contingency priority lists in a position decided by the commission. In order to award special priority, the commission must

determine that unique or unusual needs exist which do not logically

fit into the rating system described in subsection (1)(A) of this rule.

In addition, the commission may award special priority for projects

impacting enterprise zones as authorized under state law.

(C) [Unsewered Community Reserve Priority Points. The

commission will use the mathematical formula contained in

this subsection to award priority points to projects competing for funds from the unsewered community reserve. The

description of each of the factors contained in this formula

is contained in paragraphs (1)(C)1.–5. of this rule.

Unsewered Community Reserve

(M - N)

Points = K + L + 100 + × V(2)

1. Factor K. Factor K expresses the potential for groundwater pollution wastewater treatment systems. The numerical value for Factor K will be calculated by the Missouri

Division of Geology and Land Survey following a site survey

and application of the groundwater criteria contained in

Engineering Geology Report Number 7, Geologic Aspects of

Home Liquid-Waste Disposal in Missouri.

2. Factor L. Factor L expresses the potential for surface

water contamination from waste treatment systems. The

numerical value for Factor L will be calculated by the

Missouri Division of Geology and Land Survey following a

site survey and application of the surface water criteria contained in Engineering Geology Report Number 7, Geologic

Aspects of Home Liquid-Waste Disposal in Missouri.

3. Factor M. Factor M equals the 1980 population as

contained in the official 1980 census.

4. Factor N. Factor N equals the 1960 population as

contained in the official 1960 census.

5. Factor V. Factor V expresses the observed impact of

waste treatment systems on surface waters of the state.

Factor V is calculated as stated under paragraph (1)(A)10. of

this rule.] Phased/Segmented Projects. Projects that are phased

or segmented due to limited program funding or project complexity may receive an additional fifty (50) points. Additional

priority points shall not be assigned until the first phase or segment of the proposed project has been funded.

(D) Debt Refinancing/Refunding. For projects that have initiated construction activities or have completed construction and

are applying for financial assistance to refinance or refund the

debt, five (5) priority points will be assigned. Projects primarily related to refinancing or refunding will not receive any other

priority points.

(E) For the purposes of assigning priority points, the following

definitions shall apply.

1. Increase capacity. Increasing the treatment capacity for

existing treatment plants, biosolids handling facilities, decentralized treatments systems, and NPS Best Management Practices

(BMPs) with respect to flow or tonnage.

2. Increase level of treatment. Improving the degree of

treatment. This refers to any improvement in unit processes or

BMPs that improves the effluent quality or decreases the concentration of most water quality variables from runoff or other

nonpoint sources. The addition of nutrient removal is considered

to be an improvement in effluent quality.

3. Rehabilitation. Restoring or repairing parts of existing

treatment plants, combined or separate sewer systems, biosolids

handling facilities, individual on-site systems, and NPS BMPs

with no increase in capacity or level of treatment.

4. Replacement. An existing facility is considered to be

obsolete and is demolished, and a new facility is constructed on

the same site.

5. Process improvement. Any improvement to a facility that

does not increase the capacity, increase the level of treatment,

expand the service area, or make a similar change to existing

treatment plants, biosolids handling facilities, decentralized

treatment systems, and NPS BMPs.

(F) Priority Point Tiebreaker. In the event two (2) or more proposed projects have the same priority point total, the project with

the greater service area population shall be given funding priority.

(2) Priority Lists. Each year, following a public hearing, the commission shall establish priority lists for using future anticipated federal grant allocations. These lists shall contain several parts, as

described in subsections (2)(A)[–(E)] through (2)(D) of this rule.

These lists shall become effective annually with the adoption of

an Intended Use Plan. However, the commission may bypass projects on these lists for failure to proceed to grant award or loan

closing in an expeditious manner.

(A) Fundable List[s]. The fundable priority list[s identify] identifies those projects which the commission intends to fund during a

given [federal] state fiscal year. [from anticipated federal grants

allocations. The commission shall develop fundable priority

lists as described in paragraphs (2)(A)1.–5. of this rule.

Projects will not be considered for the fundable lists if the

applicant fails to update the cost estimates by February 1

prior to the fiscal year for which funds are requested.

These lists shall become effective after a federal allotment

of grant funds is announced by EPA. However, the commission may bypass projects on these lists prior to their effective date.] The commission will not consider placing a proposed

project on the fundable list unless a complete engineering

report/facility plan is submitted and information indicating that

the public entity has an appropriate debt instrument in place. A

debt instrument includes, but is not limited to, general obligation

bonds, revenue bonds, and/or an annually appropriated debt

structure approved by the Environmental Improvement and

Energy Resources Authority.

[1. Metropolitan St. Louis Sewer District fundable list.

The commission shall determine the amount of the anticipated federal grants allocations to be awarded to projects

under the jurisdiction of the Metropolitan St. Louis Sewer

District (MSD). The MSD fundable priority list shall consist

of the highest priority projects under the jurisdiction of the

Metropolitan St. Louis Sewer District which the commission

determines will be ready for an award by April 1 of the federal fiscal year for which the federal funds are anticipated.

2. Kansas City fundable list. For fiscal years after FY86,

the commission shall determine the amount of the anticipated federal grants allocations to be awarded to projects under

the jurisdiction of Kansas City. The Kansas City fundable

priority list shall consist of the highest priority projects under

Page 201 January 16, 2008

Vol. 33, No. 2 Missouri Register
the jurisdiction of Kansas City which the commission determines will be ready for an award by April 1 of the federal fiscal year for which the federal funds are anticipated.

3. Primary treatment fundable list. The commission

shall determine the amount of federal grant allocations to be

awarded to projects eliminating or upgrading POTWs providing only primary treatment and having average dry-weather

flows in excess of one hundred thousand (100,000) gallons

per day. The primary treatment fundable list shall consist of

the highest priority projects meeting this criteria. Projects

qualifying for this list are also limited to those which the

commission determines will be ready to proceed prior to

April 1 of the federal fiscal year for which the funds are

anticipated.

4. Outstate fundable list. The commission shall determine the amount of the anticipated federal grants allocations

to be awarded to projects under the jurisdiction of applicants

other than those described in paragraphs (2)(A)1. and 2. of

this rule. The outstate fundable priority list shall consist of

the highest priority projects eligible for this list which the

commission determines will be ready for an award by April

1 of the federal fiscal year for which the federal funds are

anticipated.

5. Unsewered community reserve fundable list. The

commission shall determine the amount of the anticipated

federal grants allocations to be awarded to projects competing for unsewered community reserve funds. The unsewered community reserve fundable list shall consist of the

highest priority unsewered community reserve projects

which submit their facilities plan prior to January 1 of the

fiscal year prior to the fiscal year for which federal funds are

anticipated.

6. Small community alternative fundable list. The commission shall determine the amount of federal grants allocations to be awarded to projects competing for small community alternative reserve funds. The small community alternative reserve fundable list shall consist of the highest priority small community alternative reserve projects which

submit their facilities plan before January 1 prior to the fiscal year for which federal funds are anticipated and which

meet the criteria stated in subsection (3)(E). This facility

plan must recommend Innovative Alternative (I/A) technology as the selected alternative.]

(B) Fundable Contingency Priority List. The fundable contingency priority list[s] identifies those projects [which may be considered for funding during a given fiscal year if unanticipated or uncommitted EPA grant funds become available. The

commission shall develop contingency priority lists as

described in paragraphs (2)(B)1.–5. of this rule. Projects will

not be considered for the contingency lists if the applicant

fails to update the cost estimates by February 1 of the fiscal year for which funds are requested. These lists shall

become effective after a federal allotment of grant funds for

the fiscal year is announced by EPA.

1. MSD contingency list. The MSD contingency list

shall consist of the highest priority projects under the jurisdiction of MSD remaining after removal of the fundable list

projects. Projects qualifying for this list also are limited to

those which the commission determines will be ready for an

award by July 1 of the federal fiscal year for which the federal funds are anticipated.

2. Kansas City contingency list. The Kansas City contingency list shall consist of the highest priority projects

under the jurisdiction of Kansas City remaining after removal

of the fundable list projects. Projects qualifying for this list

also are limited to those which the commission determines

will be ready for an award by July 1 of the federal fiscal year

for which the federal funds are anticipated.

3. Primary treatment contingency list. The primary

treatment contingency list shall consist of the highest priority projects meeting the treatment level and size criteria of

paragraph (2)(A)1. which remain after removal of the fundable list projects. Projects qualifying for this list also are limited to those which the commission determines will be ready

to proceed prior to July 1 of the federal fiscal year for which

funds are anticipated.

4. Outstate contingency list. The outstate contingency

list shall consist of the highest priority projects under the

jurisdiction of applicants other than MSD remaining after

removal of the fundable list projects. Projects qualifying for

this list also are limited to those which the commission

determines will be ready for an award by July 1 of the federal fiscal year for which the federal funds are anticipated.

5. Unsewered community reserve contingency list. The

unsewered community reserve contingency list shall consist

of the highest priority unsewered community reserve projects remaining after removal of the fundable list projects.

Projects qualifying for this list also are limited to those which

submit their facilities plan prior to January 1 of the fiscal

year prior to the fiscal year for which the federal funds are

anticipated.

6. Small community alternative contingency list. The

small community alternative contingency list shall consist of

the highest priority small community alternative reserve projects remaining after removal of the fundable list projects.

Projects qualifying for this list also are limited to those which

submit their facilities plan prior to January 1 of the fiscal

year prior to the fiscal year for which the federal funds are

anticipated and which meet the criteria stated in subsection

(3)(E). This facility plan must recommend I/A technology as

the selected alternative.] meeting all programmatic criteria to

receive funds. This list is created due to insufficient available

funds. Projects will be listed in priority point order regardless

of the date which all programmatic criteria are met.

(C) Contingency Priority List. The contingency priority list

identifies those projects which may be considered for funding

during a given fiscal year if unanticipated or uncommitted funds

become available. Projects will not be considered for the contingency priority list unless a complete engineering report/facility

plan has been submitted for review.

[(C)](D) Planning List. The planning list[s identify] identifies

all potential grant or loan projects not contained on a fundable priority list. [The commission shall develop planning lists as

described in paragraphs (2)(C)1.–3. of this rule. These lists

shall become effective upon adoption by the commission.

1. General planning list. The general planning list shall

contain all potential projects which are not on a fundable priority list.

2. Unsewered community reserve planning list. The

unsewered community reserve planning lists shall contain all

potential unsewered community reserve projects not on the

unsewered community reserve fundable list which submit

their facilities plan prior to January 1 of the fiscal year prior

to the fiscal year for which the federal funds are anticipated.

3. Small community alternative planning list. The small

community alternative planning list shall contain all potential

small community alternative projects which submit their

facilities plan prior to January 1 of the fiscal year prior to the

fiscal year for which the federal funds are anticipated and

which meet the criteria stated in subsection (3)(E).

4. Primary treatment planning list. The primary treatment planning list shall contain all projects meeting the treatment level and size criteria of paragraph (2)(A)2.] Planning

list projects may advance to the contingency or fundable lists,

with commission approval, upon submission of an acceptable

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January 16, 2008

Vol. 33, No. 2
debt instrument and/or a complete engineering report/facility

plan.

[(D) Reserves. The commission shall determine the

amount of the anticipated federal grants allocations to be

placed into each reserve discussed in section (3) of this rule.

The amount of funds assigned to each reserve shall become

effective after a federal allocation of grant funds for the fiscal year is announced by EPA.

(E) Carryover Priority List. The commission shall maintain

a carryover priority list identifying unfunded projects

approved for funding in a prior federal fiscal year which

retain their funding eligibility in the current federal fiscal

year.

(3) Reserves Management. The special reserves to which

the commission may distribute portions of anticipated federal grants allocations are listed as subsections (3)(A)–(G) of

this rule.

(A) State Management Assistance Reserve. The commission may place a portion of anticipated federal grants allocations in the state management assistance reserve. Any

funds placed in this reserve by the commission will be granted to the department by the EPA for use in administering

portions of the department’s water pollution control activities.

(B) Water Quality Management Reserve. The commission

shall place a portion of anticipated grants federal allocations

in the water quality management reserve. Funds placed in

this reserve will be granted to the department by the EPA to

support water quality management planning by the department.

(C) Step 1-2 Advance Reserve. The commission may

place a portion of anticipated federal grants allocations in

the advance reserve. Funds placed in this reserve will be

granted to the department by EPA to support a program of

advancing grant funds to certain grantees of less than twenty thousand (20,000) population to help offset the cost of

project engineering work which must precede an EPA grant

for construction.

(D) Innovative/Alternative Reserve. The commission shall

place a portion of anticipated federal grants allocations in

the innovative and alternative reserve. Funds placed in this

reserve shall only be used to provide an increase in the federal grant percentage on those projects or portions of projects using I/A technology. The department will ask EPA to

award these funds to qualifying projects on a first-come,

first-serve basis until this reserve is depleted.

(E) Small Community Alternative Reserve. The commission shall place a portion of anticipated grants allocations in

the small community alternative reserve. Funds placed in

this reserve shall be used to award grants to applicants having projects or project portions qualifying under federal law

for these funds and which have been placed on the small

community alternative fundable list. In order to compete for

these funds, a project must meet the criteria in paragraphs

(3)(E)1.–3. of this rule.

1. The applicant must have a population of thirty-five

hundred (3500) people or less.

2. The project or project portion must make use of innovative or alternative technology.

3. Other EPA funds are available to support the portions

of the project not qualifying as innovative or alternative.

(The commission will consider exceptions where the project

requires less than one hundred thousand dollars ($100,000)

in outstate general funds.)

(F) Unsewered Community Reserve. The commission may

place a portion of anticipated grants allocations in the

unsewered community reserve. Funds placed in this reserve

shall be used to award grants to applicants placed on the

unsewered reserve fundable list and not having a POTW of

greater than seventy-five (75) population equivalents. 

(G) Grant Increase Reserve. The commission may place a

portion of anticipated grant allocations in the grant increase

reserve. Funds placed in this reserve shall be used to award

needed grant increases to projects which are funded or

which are on a current fundable priority list or a current carryover priority list. The department will review each request

for these funds on a case-by-case basis to determine the

reasonableness of the request, relative need, eligibility for

funding under this program and availability of funds in this

reserve. Following this review, the department will ask EPA

to award funds from this reserve to those projects approved

for a grant increase by the department or the commission.

Projects under the jurisdiction of the MSD will not qualify for

funds from this reserve. Projects under the jurisdiction of

Kansas City will not qualify for funds from this reserve in fiscal years following FY86.

(4) Limits on Eligibility. In addition to the limitations on eligibility established by EPA, the commission limitations on

grant eligibility stated in subsections (4)(A)–(O) of this rule

will apply to all EPA construction grant projects.

(A) Projects will not be eligible if the applicant is in noncompliance with commission regulations, policies or with

the requirements of a NPDES permit. Exceptions may be

granted for failure to meet effluent limitations and sewage

bypass restrictions due to inadequate physical facilities.

(B) The cost of land purchase for the purpose of effluent

irrigation will not be eligible unless the wastewater is applied

at rates approaching the maximum rates allowed for land

treatment.

(C) The cost of tractors, mowers, pickups or other multiple use equipment will not be eligible.

(D) The cost of locating and uncovering manholes for

inspection or flow monitoring will not be eligible.

(E) The cost of constructing collector sewers and appurtenances will not be eligible. Exceptions may be made if the

commission and the governor decide to use a portion of the

federal grant funds to construct collection sewers.

(F) The cost of constructing laboratory facilities will not be

eligible unless construction and operation of a laboratory is

more cost effective than use of cooperative facilities or the

use of contractual arrangements for laboratory testing.

(G) Replacement of pump stations that are otherwise eligible which are at or near their design life, yet are structurally sound and capable of handling existing and design

flows for the project, will not be eligible. Those needing

modifications to bring them to current design standards will

have eligibility limited to the cost of the modifications

required to meet existing standards at existing flows for the

project. For those projects qualifying for grandfathering of

reserve capacity under the Clean Water Act, eligibility will

include modifications required to meet existing standards at

design flows for the project.

(H) The total EPA grant assistance on a project shall not

exceed five thousand dollars ($5000) per connection. For

sewered communities the number of connections will be

those in existence on the date of grant award. For unsewered communities, the number of connections will be the

number of connections anticipated at the completion of the

grant project.

(I) The cost of land for sludge landfills will not be eligible.

(J) The cost of dry weather bypass elimination will not be

eligible if the bypass problem is caused by improper operation and maintenance.]

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Vol. 33, No. 2 Missouri Register
[(5)] (3) [Transfer of Funds] Modifications. After the commission adopts the [priority lists and establishes reserves under

section (2) of this rule, the commission may transfer funds

among the reserves, the fundable priority lists and the carryover priority lists. The commission also may add or

remove projects from the fundable, carryover and contingency priority lists in accordance with the procedures stated in subsections (5)(A)–(D) of this rule] Intended Use Plan,

it may modify the priority lists or redistribute the available funds

in accordance with subsections (3)(A) through (3)(D) of this rule.

The commission may only take this action after providing notice

to those projects directly affected.

(A) Inadequate Allocations. If the actual [federal grants allocations are] funding is less than the allocations anticipated by the

commission in the development of the [fundable priority list and

reserves] Intended Use Plan, or if previous allocations are

reduced, the commission may find it necessary to reduce their commitments to projects on the fundable [or carryover lists or to the

various reserves listed in section (3) of this rule] lists. The

commission may take formal action to reduce the number of commitments in accordance with paragraphs [(5)(A)1.-3.] (3)(A)1.

through (3)(C)3. of this rule.

1. The commission may reduce the amount of funds allocated to

each [reserve identified in section (3) of this rule] purpose as

shown in the Intended Use Plan.

2. The commission may remove the lowest priority projects

from the [carryover or] fundable priority lists, placing these projects on the appropriate contingency priority list in a position dictated by their priority relative to others on [the] that contingency

priority list.

3. The commission may bypass projects on the fundable [or

carryover] priority lists in accordance with subsection [(5)](3)(C) of

this rule.

(B) Unanticipated and Uncommitted Funds. If unanticipated or

uncommitted funds become available, the commission may take formal action to distribute them in accordance with paragraphs

[(5)(B)1.–3.] (3)(B)1. through (3)(B)3. of this rule[, if they

become available before July 1 of the federal fiscal year. All

funds that become available after July 1 of the fiscal year

may be distributed in accordance with paragraphs

(5)(B)2.–4. of this rule].

1. The commission may use the unanticipated or uncommitted

funds to move the highest priority project(s) from contingency priority list to the proper fundable priority list. [This action is limited

to those contingency list projects which the commission

determines will be ready for award by July 1 of the federal

fiscal year. This paragraph does not prohibit the transfer of

funds among the various fundable and contingency lists.]

2. The commission may use the unanticipated or uncommitted

funds to increase the amount of funds allocated to the various

[reserves listed under section (3) of this rule] purposes as

shown in the Intended Use Plan.

3. The commission may use the unanticipated or uncommitted

funds to [award grants to projects receiving special priority

under subsection (1)(C) of this rule. The commission may

not take this action without previous notification of intent to

applicants for those projects on the contingency priority

lists.

4. The commission may use the unanticipated or

uncommitted funds to award grants to the highest priority

projects on any contingency list which have met all requirements for an EPA construction grant. If enough projects are

not available to use all unanticipated or uncommitted funds,

the commission may distribute these funds on a first-come,

first-serve basis to any project on contingency lists as they

complete all requirements for an EPA construction grant]

increase the amount of funds allocated to projects on the fundable priority list or to provide increased assistance to projects

which have already received assistance.

(C) Project Bypass. The commission may bypass any project on

the [carryover or] fundable priority list which is not, in the commission’s opinion, making satisfactory progress in satisfying requirements for [an EPA construction grant] assistance. Bypassed projects will be removed from the [carryover and] fundable priority

list[s] and placed on the proper contingency priority or planning list

in a position dictated by the commission. In determining whether a

project is making satisfactory progress in satisfying the requirements

for [an EPA construction grant] assistance, the commission shall

use the criteria contained in paragraphs [(5)(C)1.–3.] (3)(C)1.

through (3)(C)2. of this rule. The commission may reinstate any

bypassed projects on the fundable [or carryover] priority lists after

first giving notice to applicants for those projects on the contingency

lists of the commission’s intent to reinstate bypassed projects. Funds

released through project bypass will be considered uncommitted and

available for distribution in accordance with subsection [(5)](3)(B) of

this rule.

1. All projects originally on the fundable [or carryover] lists,

when [they become effective in accordance with section (2)

of this rule] adopted, may be bypassed if the applicant fails to submit all documents required for [an EPA construction grant award

by February 1 of the federal fiscal year and if the department

does not give formal approval to all these documents by

April 1 of the federal fiscal year, with the exception of the

facilities plan which must have a finding of no significant

impact, or its equivalent, issued by April 1] assistance at least

sixty (60) days prior to the quarter for which assistance is anticipated.

[2. All projects on a current fundable or carryover list,

which were placed on these lists after they become effective in accordance with section (2) of this rule, may be

bypassed if the applicant fails to submit all documents

required for an EPA construction grant award by May 1 of

the federal fiscal year and if the department does not give

formal approval to all these documents by July 1 of the federal fiscal year, with the exception of the facilities plan

which must be approvable by July 1.]

[3.]2. The commission may use individual project schedules

developed by the department to determine whether [an EPA grants]

a project on the current fundable [or carryover] list[s] is making

satisfactory progress at those times during the [federal] fiscal year

[not addressed in paragraphs (5)(C)1. or 2. of this rule].

3. Carryover projects may be automatically bypassed if they

do not have all documents required for assistance submitted and

approved on or before February 1. This is the deadline for projects wishing to receive a grant or loan prior to the end of the

state fiscal year within the two (2)-year application cycle.

(D) Project Removal. The department will remove projects from

the contingency, fundable, [carryover] or planning lists if they meet

any one (1) of the criteria stated in paragraphs [(5)(D)1.–5.]

(3)(D)1. through (3)(D)5. of this rule.

1. The department will remove a project if it is funded by [EPA]

other funding sources.

2. The department will remove a project if it is determined to

be ineligible for funding [under the EPA wastewater treatment

construction grants program].

3. The department will remove projects from these lists if

directed by commission action under subsections [(5)](3)(A) or (C)

of this rule.

4. The department will remove projects from these lists if

directed to do so by EPA in accordance with federal law.

5. The department will consider removing projects from these

lists at the request of the applicant.

AUTHORITY: section 644.026, RSMo [Supp. 1987] 2000.

Original rule filed Dec. 4, 1975, effective Dec. 14, 1975. For

Page 204 Proposed Rules

January 16, 2008

Vol. 33, No. 2
intervening history, please consult the Code of State Regulations.

Amended: Filed Nov. 14, 2007.

PUBLIC COST: This proposed amendment will not cost state agencies, public entities or political subdivisions more than five hundred

dollars ($500) in the aggregate.

PRIVATE COST: This proposed amendment will not cost private

entities more than five hundred dollars ($500) in the aggregate.

NOTICE OF PUBLIC HEARING AND NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in support of or in opposition

to this proposed amendment with the Missouri Department of Natural

Resources, Water Protection Program, Douglas A. Garrett, PO Box

176, Jefferson City, MO 65102. Comments may be sent through email to doug.garrett@dnr.mo.gov. Public comments must be received

by March 19, 2008. A public hearing is scheduled at a meeting of the

Clean Water Commission to be held at 9 A.M., March 12, 2008, at

the Renaissance St. Louis Airport, 9801 Natural Bridge Road, St.

Louis, Missouri 63134.

Title 10—DEPARTMENT OF NATURAL RESOURCES

Division 20—Clean Water Commission

Chapter 7—Water Quality

PROPOSED AMENDMENT

10 CSR 20-7.031 Water Quality Standards. The Department of

Natural Resources is amending subsection (2)(D) to create a reference to a new procedure developed to implement the antidegradation

policy. 

PURPOSE: This amendment fulfills an obligation under 40 CFR

131.12, that requires a state to develop and adopt a statewide antidegradation policy and identify the methods for implementing such

policy pursuant to the federal rule. The state previously developed

and promulgated an antidegradation policy in section (2) of this rule

and is now proposing to incorporate into subsection (D) of this rule

a reference to the implementation methods adopted by the Clean

Water Commission on April 20, 2007. 

PUBLISHER’S NOTE: The secretary of state has determined that

the publication of the entire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome

or expensive. This material as incorporated by reference in this rule

shall be maintained by the agency at its headquarters and shall be

made available to the public for inspection and copying at no more

than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here.

(2) Antidegradation. The antidegradation policy shall provide three

(3) levels of protection.

(D) The three (3) levels of protection provided by the antidegradation policy in subsections (A) through (C) of this section shall be

implemented according to procedures [developed by the department. The antidegradation implementation procedure shall

go through stakeholder development and the finalized procedure shall be referenced by this rule before it becomes effective] hereby incorporated by reference and known as the

“Missouri Antidegradation Rule and Implementation Procedure,

April 20, 2007” published by the Missouri Department of

Natural Resources. No later amendments or additions are

included. This document shall be made available to anyone upon

written request to the Department of Natural Resources, Water

Protection Program, Water Pollution Control Branch, PO Box

176, Jefferson City, MO 65102-0176.

AUTHORITY: sections 644.021, RSMo Supp. [2004] 2007 and

644.026, RSMo 2000. Original rule filed May 13, 1977, effective

Dec. 11, 1977. For intervening history, please consult the Code of

State Regulations. Amended: Filed Dec. 13, 2007.

PUBLIC COST: This proposed amendment will cost the Department

of Natural Resources eighty-nine thousand, seven hundred one dollars ($89,701) annually and publicly-owned wastewater treatment

facilities $2,384,795 annually. The total estimated aggregate cost to

public entities is $2,474,496. It is anticipated that the costs will

recur for the life of the rule, may vary with inflation and are expected to increase at the rate projected by the Legislative Oversight

Committee.

PRIVATE COST: This proposed amendment will cost privately-owned

wastewater treatment facilities $1,476,302 annually. The total annual aggregate cost to private entities is expected to recur for the life

of the rule, vary with inflation and increase at the rate projected by

the Legislative Oversight Committee. 

NOTICE OF PUBLIC HEARING AND NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in support of or in opposition

to this proposed amendment with the Department of Natural

Resources, Division of Environmental Quality, Water Protection

Program, Philip A. Schroeder, PO Box 176, Jefferson City, MO

65102. Comments may be sent with name and address through email

to phil.schroeder@dnr.mo.gov. Public comments must be received

by March 19, 2008. A public hearing is scheduled at a meeting of

the Clean Water Commission to be held at 9 a.m., March 12, 2008,

in the Renaissance St. Louis Hotel Airport, 9801 Natural Bridge

Road, St. Louis, Missouri. 

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January 16, 2008 Page 208 Proposed Rules Vol. 33, No. 2
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Vol. 33, No. 2 Missouri Register
January 16, 2008 Page 212 Proposed Rules Vol. 33, No. 2
Title 13—DEPARTMENT OF SOCIAL SERVICES

Division 70—[Division of Medical Services]

MO HealthNet Division

Chapter 92—Adult Day Health Care Program

PROPOSED AMENDMENT

13 CSR 70-92.010 Adult Day Health Care Program. The division

is amending the Purpose and sections (1), (2), (3) and (4).

PURPOSE: This amendment changes the name of the state’s medical

assistance program to MO HealthNet and revises the name of the

program’s administering agency to MO HealthNet Division to comply with state law. It updates a reference in the definition section.

The amendment also changes reference to program recipients to participants. It updates reference to the Division of Aging to

Department of Health and Senior Services and updates reference to

the Division of Family Services to Family Support Division.

PURPOSE: This rule establishes the regulatory basis for administration of a [medical assistance] program of adult day care/treatment

as mandated by House Bill 1086, 81st General Assembly. More specific details of the conditions of provider participation, criteria and

methodology of provider reimbursement, [recipient] participant eligibility and amount, duration and scope of services covered are

included in the provider program manual and the enrollment process

documentation. 

(1) Definitions. 

(C) Associated adult day health care program—An adult day health

care program which is connected physically with a licensed longterm care facility or hospital but has separate designated space for an

adult day health care program which is above their licensed space

requirement for their residents. An associated adult day health care

program may share, in part, staff, equipment, utilities, dietary and

security with the connected long-term care facility. [Recipients]

Participants in the adult day health care program may participate

with the residents of the long-term care facility or hospital for some

activities and programs. 

(D) Direct care staff—Those staff assigned to take care of the

direct needs of the [recipients] participants. 

(F) Individual plan of care—The provider’s written description of

the amount, duration and scope of treatment and services to be provided to each individual [recipient] participant of care. 

(H) Nursing facility—As defined in [13 CSR 70-10.010(4)(Q)]

13 CSR 70-10.015(4)(LL). 

(I) Provider—Any natural person, corporation, not-for-profit corporation, professional corporation, business, partnership or other

entity providing services or goods to Title XIX-eligible [recipients]

participants under a Title XIX participation agreement currently in

effect with the Department of Social Services pursuant to Chapter

208, RSMo. 

(2) Eligibility. 

(A) Persons eligible for adult day health care services shall be—

1. Adult persons otherwise eligible for Title XIX benefits as

determined by the [Division of Family Services] Family Support

Division; and who are 

2. Also assessed by the [Division of Aging] Department of

Health and Senior Services to be in need of at least a nursing facility level of care where provision of the adult day health care services

would preclude or delay the necessity of institutional nursing care.

A. The [Division of Aging] Department of Health and

Senior Services assessment must be performed prior to the initial

delivery of adult day health care services. If the completed assessment documents a need for adult day health care, the [Division of

Aging] Department of Health and Senior Services will authorize,

in writing, services to be effective, the date of initial service or the

date of the assessment, whichever is later. 

B. Each [Division of Aging] Department of Health and

Senior Services assessment or reassessment shall include, for each

[recipient] participant, a care plan and the reviewing physician’s

certification of the level of care need and recommendation for adult

day health care services. 

C. Reassessment of a [recipient] participant in continuing

receipt of adult day health care services shall be conducted by the

[Division of Aging] Department of Health and Senior Services

within at least six (6) calendar months from the date of the initial

assessment or from the date of the last preceding reassessment. 

D. The [recipient] participant will be informed by the

[Division of Aging] Department of Health and Senior Services of

the level of care determination, the assessment findings and the services available through the adult day health care program; and

3. Adult persons who do not reside in a long-term residential

care facility licensed by the [Division of Aging] Department of

Health and Senior Services or the Department of Mental Health. 

(3) Requirements for Providers of Adult Day Health Care Services.

(A) Unless otherwise exempt from licensure by statute,

[Medicaid] MO HealthNet providers of adult day health care must

be licensed by the [Division of Aging of the Department of

Social Services] Department of Health and Senior Services as an

adult day care facility in accordance with 13 CSR 15-8.010–13 CSR

15-8.080.

(D) The provider of adult day health care services must have a

signed [Medicaid] MO HealthNet participation agreement in effect

with the Department of Social Services. 

(E) The provider shall maintain adequate records fully documenting all adult health care services provided in accordance with provisions of 13 CSR 70-3.030 and shall maintain the following specific

service and administrative records: 

1. Each provider shall have its personnel policies in writing and

there shall be a written position description for each job which specifies at least the qualifications for the job, a delineation of the tasks,

to whom the person is responsible and the salary range; 

2. [Recipient] Participant records—

A. Identifying information consisting of name, address, telephone number, sex, age; the name of the person to be notified in case

of emergency; next of kin; travel directions between home and center when indicated; [Medicaid] MO HealthNet identification number and identifying numbers related to other health care benefits; and

[recipient] participant religious preference; 

B. Functional assessment, original and revised versions noting [recipient] participant progress; 

C. Assessment of the home environment if a home visit is

made; 

D. Individual [recipient] participant plan of care; 

E. Physician’s report, including admission medical assessment and subsequent additional information; 

F. Daily records of attendance and services provided, as

defined in paragraphs (3)(H)1.–14.;

G. Medications administration and drug reactions; and

H. Accident or incident reports; 

3. Individual personnel records for staff and consultants—

A. Name, address, telephone, age and sex; 

B. Licensure, certification or other documentation demonstrating required qualifications; 

C. Educational background; 

D. Employment history and notes on references; 

E. Evaluation of performance and attendance; 

F. Person to be notified in case of emergency; and 

G. Copies of formalized agreements with nonstaff member

consultants listing the services to be provided; and

4. Administrative and fiscal records—

Page 213 January 16, 2008

Vol. 33, No. 2 Missouri Register
A. Expenditures with substantiating documentation in accordance with generally accepted accounting procedures; 

B. Current and projected annual budgets, including specific

cost allocations and formula for arriving at projected expenditures

and including accurate service costs that are maintained and revised

annually; 

C. Fees charged and fee schedule, if appropriate; 

D. Annual program evaluation report, with supportive summary statistics, to include information on—the number of adult day

health care persons served; demographic data on the adult day health

care persons served; cost of delivering services, descriptions of the

social, health and functional characteristics of the persons served; the

range of services provided and the outcome of services.

Recommendations for administrative changes to improve the adult

day health care program must be summarized; 

E. Records of in-service training offered by the center; 

F. A permanent record of all [recipients] participants

admitted to the center; 

G. Current inspection reports from the health and fire departments; 

H. The daily schedule of activities; 

I. Daily menu of meals served during the previous calendar

month; and 

J. Staff and [recipients’] participants’ attendance records. 

(F) The provider shall make provision for and operate in accordance with the following standards requirements:

1. Space Requirements.

A. Minimum space requirements of eighty (80) square feet

per [recipient] participant for up to twenty (20) [recipients] participants and an additional fifty (50) square feet per [recipient] participant for additional [recipients] participants is required. Space

requirements do not include office space, bathrooms, storage, examining room or dining room unless the latter is also used for activities. Adult day health care programs shall not have less than three

hundred twenty (320) square feet of required space regardless of the

number of participants.

B. The adult day health care program shall have a large room

where all of the [recipients] participants can gather as well as

rooms or divided areas for small group activities including a quiet

area for rest. A room with a bed and with adequate provisions for

privacy shall be available for medical examination and for temporary

holdover for [recipients] participants who become ill or upset.

C. Associated adult day health care program. Where adult

day health care services are being provided within the physical setting of any long-term care facility or hospital, the facility shall have

eighty (80) square feet per adult day health care participant for up to

twenty (20) participants and an additional fifty (50) square feet per

[recipient] participant for additional [recipients] participants.

Regardless of the number of the participants, the long-term care

facility shall have a minimum of three hundred twenty (320) square

feet which can be designated towards the square feet requirement.

The required space as previously specified in this subparagraph is to

be space that is above the particular facility’s required licensed space

for providing long-term or hospital care in the area of the dining

room, activities room, therapy rooms and community areas; 

2. Furnishings and equipment.

A. Furniture shall be appropriate for use by impaired persons. It shall be sturdy and secure so that it cannot easily tip when

used for support while walking or seating. Furniture shall be of a size

so that it is easily used by persons with limited agility, shall permit

feet to rest on the floor and shall have armrests.

B. All rugs and floor coverings shall be tacked down securely. Throw rugs may not be used. All equipment and furnishings shall

be in good condition and safe for usage by [recipients] participants

and staff.

C. All adult day health care programs shall have at least—

(I) One (1) chair for each [recipient] participant and staff

person; 

(II) Table space adequate for all [recipients] participants

to be served a meal at a table at the same time; 

(III) Reclining lounge chairs or other comfortable furniture, the number to be determined by the needs and numbers of

[recipients] participants; and 

(IV) One (1) bed to be available for temporary use of

[recipients] participants who become ill or upset.

D. The provider shall provide equipment to encourage active

participation and group interaction and materials shall be geared to

the interest and backgrounds of the [recipients] participants; 

3. Staffing.

A. There shall be one (1) full-time person in charge of the

adult day health care program who is responsible for day-to-day

operations, either a director or his/her designee. If an adult day

health care program is associated with another facility, it shall have

its own full-time director and designated full-, part-time, or both,

direct care staff. A long-term care facility is not to use the adult day

health care direct care staff to meet the required staff ratio for the

licensing of its long-term care facility and vice versa. If a facility has

an associated adult day health care program with a daily participant

census under five (5), the adult day health care director also may be

responsible for other sections of the facility.

B. The director shall be a qualified person with demonstrated competence by specialized background, education, experience, or

both, in working with the care of the elderly, disabled and infirm.

C. Direct care staff to [recipient] participant shall be no

less than one to eight (1:8). Direct care staff shall be sufficiently

qualified and in sufficient numbers to meet the needs of the adult day

health care program [recipients] participants. Trained volunteers

may be counted in the staff ratio, provided a volunteer program

description is submitted and approved by the department specifying

the formal training and regular work scheduling of the volunteers.

Secretaries, cooks, accountants and other nondirect care staff members must not be considered in calculating this one to eight (1:8)

ratio. It is required that in any case there should always be at least

one (1) person besides the director or his/her designee on the premises so that [recipients] participants are never left unattended.

Provision shall be made for experienced, competent relief personnel

during vacations, absences or other periods necessitating substitute

staff.

D. Because of the type of participant(s) and the services

offered by an adult day health care program, a registered or licensed

nurse must be available to the adult day health care [recipients] participants at all times and readily available in the event of an emergency during the adult day health care program’s operating hours.

The registered or licensed nurse must be available by being a staff

member of the adult day health care program or located in the same

building provided that a formalized agreement is executed which outlines the responsibilities of the registered nurse (RN) or licensed

practical nurse (LPN) to the adult day health care program. Part of

each day must be committed by the RN or LPN to the adult day

health care program. If the RN or LPN is employed by another party,

that party must co-sign the agreement. In the event an adult day

health care program does not have a registered nurse or licensed

nurse as a staff member or available in the building, a certified medication technician may be employed as a full-time staff member provided that an RN or LPN consultant monitors patient charting, medication distribution and assists in medical planning.

E. All personnel, paid and volunteer, shall be given a general orientation to the facility, its normal routine, fire and safety measures and policies and regulations;

4. Fire safety.

A. Providers located in organized areas or municipalities

shall obtain, annually, written approval from local fire safety officials

certifying that the provider complies with local fire codes. If there

are not applicable codes, or if the division determines that the codes

are not adequate to insure the safety of older or handicapped persons,

the provisions of the National Fire Protection Association Life Safety

Page 214 Proposed Rules

January 16, 2008

Vol. 33, No. 2
Code (NFPA No. 101, 1976 edition) for places of assembly shall

apply. This rule subparagraph is not applicable if the facility has a

current participating agreement for provision of long-term care for

either Title XVIII or Title XIX or a current license issued by the

[Division of Aging] Department of Health and Senior Services.

B. Each provider shall install and maintain in operable condition an adequate number of smoke detectors and fire extinguishers

of the appropriate type as determined in consultations with state or

local fire authorities. All smoke detectors and fire extinguishers shall

be located according to the recommendations of state and local fire

authorities.

C. A written plan for assuring the safety of [recipients] participants, staff and volunteers in case of fire or other disaster shall

be developed in consultation with state or local fire authorities and

shall include, but not necessarily be limited to: 

(I) A written assessment of potential fire or safety hazards

present on the premises and actions and procedures to follow to minimize potential danger; 

(II) A written schedule for periodic check of smoke detectors and fire extinguishers to assure adequate pressure or battery

strength is maintained; and 

(III) A written training plan and schedule for staff and volunteers on safety responsibilities and actions to be taken if an emergency situation occurs and documentations of training sessions provided; 

5. General safety, sanitation and housekeeping.

A. The building in which the center is located shall be of

sound construction and maintained in good repair.

B. Ventilation by natural or mechanical means shall be provided. All screen doors shall be equipped with self-closing devices

and shall fit tightly. Doors and windows and other openings to the

outside shall be screened when necessary to prevent entrance of

insects or vermin. The wire screen or its equal shall be of at least

sixteen (16) meshes per linear inch.

C. The heating system shall be in compliance with the

National Fire Protection Code (NFPA) and all state and local codes.

Exposed heating pipes, hot water pipes or radiators in rooms and

areas used by [recipients] participants and within reach of [recipients] participants shall be covered or protected and insulated when

appropriate.

D. Illumination shall be adequate in all areas and commensurate with the type of activity. Glare shall be kept at a minimum by

providing shades at all windows exposed to direct sunlight and using

shaded light fixtures.

E. Stairways and hallways shall be kept free of obstructions

and shall be well lighted. All stairways and ramps shall have nonslip

surface or treads. Handrails shall be available for all inside and outside stairs and ramps.

F. Drugs, cleaning agents, pesticides and poisonous products

shall be stored apart from food and out of the reach of the [recipients] participants and shall be used in a manner which insures safety of the [recipient] participant and the staff.

G. If wheelchair and physically handicapped persons are

accepted, the provider shall provide ramps or other means of accessibility for handicapped persons and shall meet the standards of the

American National Standards Institute publication (ANSI) A117.1

Making Buildings and Facilities Accessible to, and Useable by, the

Physically Handicapped; and 

6. Water supply and drinking water.

A. An adequate supply of water, the source of which is

approved by the state water control authority, under sufficient pressure to properly serve the facility shall be provided. The potable

water system shall be installed to preclude the possibility of backflow.

B. Drinking water shall be easily accessible to the participants and provided by either an angle jet drinking fountain with

mouth guard or by a running water supply with individual service

drinking cups. Drinking facilities may not be located in a toilet room.

C. Toilet rooms. At least one (1) toilet and washbowl shall be

available for each ten (10) [recipients] participants. The washbowl

shall be in proximity to each toilet and shall be equipped with hot

and cold running water. The toilet room shall be within easy access

of the activity areas and the [recipient] participant shall have the

right to privacy. Each toilet room shall be equipped with approved

natural or mechanical ventilation. All toilets shall have grabrails.

Individual paper towels, a trash receptacle, soap and toilet paper

shall be provided at all times and shall be within reach of the participants. All toilet rooms shall otherwise meet ANSI standards of

equipment and construction for access and usage by handicapped

persons.

D. All plumbing and plumbing fixtures shall conform to

applicable local codes. There shall be no cross-connection between

the potable water supply nor any source of pollution through which

the potable water supply might become contaminated.

E. Garbage shall be stored and disposed of in a sanitary manner.

F. Insects and rodents. Buildings used for day care shall be

maintained free of insects and rodents. Control measures shall be

maintained to prevent rodent and insect infestation.

G. Housekeeping and maintenance. All centers shall provide

sufficient housekeeping and maintenance service to maintain the

facility in good repair and in safe, clean, orderly, attractive and sanitary manner.

(G) The provider shall require a written assessment by the [recipient’s] participant’s physician of the [recipient’s] participant’s

medical condition, activities needs and restrictions, dietary modifications, indicated therapies and medication orders. This assessment

shall be required prior to the provision of service and is to be separate from the assessment described in subsection (2)(A).

(H) Adult day health care services provided within a long-term

care facility or hospital shall be so structured, administered and monitored by the provider as to ensure there shall be no resultant diminishment of quality and level of services provided to [recipients] participants of long-term nursing care or hospital care residing within

the same facility. 

(I) The provider must provide the following services: 

1. Individual plan of care. The provider must develop a written

individual plan of care for each [recipient] participant within five

(5) contact days following the entry of the [recipient] participant

into the adult day health care program. The plan shall be designed to

maintain the [recipient] participant at, or to restore to, optimal

capability for self-care. The plan shall be based on information

obtained from the [recipient] participant, [recipient’s] participant’s family and physician and the person or agency recommending

the [recipient] participant, including a functional assessment. The

plan shall include the [recipient’s] participant’s physical, social,

psychological needs, [or both,] short and long-term goals, means of

goal accomplishment, daily activities, person(s) responsible for

activities, location of activities and the [recipient’s] participant’s

planned days of attendance and arrival time. The plan of care shall

be continued or revised as frequently as warranted by the [recipient’s] participant’s condition, and in any event, not less frequently

than each six (6) months. Revision of the plan of care shall not be

required when modifications to physician-ordered medical services

do not result in substantive changes in the plan objectives or means

of accomplishment; 

2. Nutrition services. The provider shall assure the availability

of meals and supplemental snacks in accordance with each [recipient’s] participant’s individual plan of care. Meals served by the

provider shall provide at least one-third (1/3) of the recommended

dietary allowance of the National Research Council. Supplemental

snacks shall consist of nourishing food and beverage.

A. Food may be prepared, stored and served on site if the

requirements of the local health department or applicable rules established by the Missouri Department of Health and Senior Services

are met.

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Vol. 33, No. 2 Missouri Register
B. Food prepared away from the site shall be prepared in a

facility which meets the requirements of the local health department

or applicable rules established by the Missouri Department of Health

and Senior Services;

3. Transportation. The provider shall arrange for or shall provide for transportation to enable persons to access the services and

to participate in outings. A [recipient] participant should be in transit no more than one (1) hour and may not be brought to the service

center, or left at the center, when staff is not in attendance; 

4. Leisure-time activities. The provider shall provide planned

recreational and social activities suited to the needs of the [recipients] participants and designed to stimulate interests, rekindle

motivations and encourage physical exercise through small and large

group activities; 

5. Exercise and rest. Opportunity for physical exercise designed

in relation to the individual’s impairments and needs shall be provided and shall be alternated with rest periods or quiet activities; 

6. Activities of daily living. Assistance in walking, toileting,

feeding and other activities [or] of daily living shall be provided in

accordance with each [recipient’s] participant’s individual plan of

care; 

7. Emergency services. Arrangements to respond to emergency

situations shall be made.

A. Emergency numbers for each [recipient] participant

shall be available to staff at all times.

B. First aid and cardiopulmonary resuscitation (CPR). At

least one (1) staff member, trained in first aid and CPR shall be on

the premises at all times. First aid and CPR training shall be taken

from the American Red Cross or from another comparable source.

At a minimum, those first aid supplies recommended by the Red

Cross Standard First Aid and Personal Safety shall be readily available.

C. Emergency medical plan. Each provider shall have an

established emergency medical plan which assures transportation to

a hospital or other type facility providing emergency care. A written

agreement, signed by the [recipient] participant, if capable, or

responsible caretaker, shall be on file in the facility granting permission to transport the [recipient] participant in need of emergency

care to the designated hospital or other type facility; 

8. Observation. The health, functional and psycho-social status

of each [recipient] participant shall be observed and documented

by the licensed nurse, certified medication technician, or both, in the

[recipient’s] participant’s record at least monthly. In the case of the

certified medication technician, the licensed consultant nurse must

review and summarize, at least monthly, the notes on each [recipient’s] participant’s health status. Therapy services provided must

be summarized in the [recipient] participant record and progress

noted at least monthly. Notes shall be made immediately of any accident, injury or illness and emergency procedures taken; 

9. Medical consultation and treatment. The licensed nurse, certified medication technician, or nurse consultant, [or both,] shall

communicate with each [recipient’s] participant’s physician to

report observed changes in health status, including reaction to medicine and treatment and to obtain current medical recommendations

regarding such items as diet, treatment and medications. Ordered

medical services shall be recorded, signed and dated by the physician. 

A. Orders concerning treatments, therapy, modified diets and

medication shall be in effect for a specified number of days as indicated by the physician. If not specified, the period may not exceed

sixty (60) days.

B. Physician [phone] verbal orders may be taken only by a

licensed nurse or certified medication technician.

C. [Phone] Verbal orders shall be written into the [recipient’s] participant’s record by the licensed nurse receiving them and

shall be signed and dated by that person. The physician shall sign and

date the order within five (5) working days after giving the [phone]

verbal order; 

10. Nursing services. A licensed nurse or certified medication

technician with a nurse consultant shall be available at all times during the program’s daily operating hours. Nursing services must be

provided in accordance with the particular needs of each [recipient]

participant and must include the following: 

A. Supervision of the administration of medication as prescribed by the [recipient’s] participant’s physician; 

B. Coordination of the development of the [recipient] participant care plan; 

C. On-going monitoring of each [recipient’s] participant’s

health status; 

D. Maintenance-therapy treatment as recommended by a

therapist and which has been prescribed by a physician; and 

E. Coordination among the [recipient] participant, his/her

family and program staff members of orders from the [recipient’s]

participant’s physician; 

11. Diet modifications. The provider shall provide special diets

and other diet modifications as ordered by a physician. These diets

shall be reviewed by a dietician, nutritionist, physician or nurse at

least every six (6) months;

12. Medication administration distribution, storage and recording. Medicine or drugs shall be restricted to those prescribed for the

[recipient] participant by his/her personal physician. All medications shall be labeled accurately and plainly and retained in their

original container issued by the pharmacy. The containers shall be

labeled with the [recipient’s] patient’s name; physician’s name;

prescription number; name of medication; dosage; date of issuance;

expiration date of all time-date drugs; and name, address and phone

number of the pharmacy issuing the drug.

A. [Recipients] Participants who are responsible for taking

their own medication at home shall be permitted and encouraged to

continue to be responsible for taking their own medications during

the hours spent in the center.

B. Medication may not be administered without a written

order signed by a licensed physician. Injectable medications may

only be given by a licensed nurse. A certified medication technician

who has been trained by the licensed nurse may give insulin injections. Medications are to be distributed by the licensed nurse, certified medication technician, or both. The licensed nurse, certified

medication technician, or both, assigned the responsibility of medication distribution shall complete the procedure by personally

preparing the dose, observing the act of swallowing oral medicines

and recording it in the [recipient’s] participant’s record on a medication sheet.

C. If a reaction to medication is observed by the licensed

nurse or certified technician, the [recipient’s] participant’s physician shall be called immediately. If contact cannot be made with the

personal physician, emergency medical procedures shall be followed.

D. Medication storage. The provider shall be responsible to

provide a safe, secure, locked place for medicines or drugs and make

them available to the [recipient] participant according to the

instructions of his/her personal physician. Schedule II drugs shall be

kept in a locked box. Medications requiring refrigeration shall be

kept in a separate locked refrigerator or in a locked box within the

refrigerator. Household-type medications which can be purchased

without prescription, such as aspirin or antacids, may be retained in

the center for administration as ordered by [recipient’s] participant’s physician.

E. A written record of medications administered or distributed shall be maintained. Records shall be kept of all Schedule II

drugs. Written policies shall specify that the only individual authorized to receive, control and manage the medication and drug program is the licensed nurse.

F. The system for administering, distributing and storing

medications shall be reviewed not less than every three (3) months by

the licensed nurse;

13. Counseling services. A professional staff member (social

worker, nurse or other) must offer assistance to clients and families

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January 16, 2008

Vol. 33, No. 2
with personal, social, family or adjustment problems related to the

primary, secondary diagnosis, or both. If professional counseling,

pyscho-therapeutic services, or both, are necessary for a [recipient]

participant or his/her family, the program must refer the [recipient]

participant or family to the appropriate community resource; and 

14. Rehabilitative services. The provider must provide and

coordinate rehabilitative services to be performed by qualified therapists as prescribed by a physician. Rehabilitative services must

include occupational, physical and speech therapy. The provider must

establish agreements with individual licensed or certified physical,

speech and occupational therapists (unless they are employed as staff

members), or their employers, to provide consultant services to the

program and, where necessary, provide direct therapeutic services to

a [recipient] participant. 

(4) Reimbursement. 

(A) Payment will be made in accordance with a fixed fee per unit

of service, as defined and determined by the [Division of Medical

Services] MO HealthNet Division, to be based on an efficient and

economical provider of these services. Provider of service will

receive the fixed fee for the appropriate time period as defined in

paragraphs (4)(A)1. and 2. Fees will be established for—

1. Units of service with a minimum duration of six (6) hours to

a maximum of ten (10) hours; and 

2. Units of service with less than six (6) hours with a minimum

of three (3) hours. 

(D) Maximum payment for adult day health care services in combination with other alternative services including personal care and

Home and Community-Based Waiver Services for the Elderly provided to a [recipient] participant within a calendar month shall be

limited to a monthly payment not in excess of one hundred percent

(100%) of the average statewide monthly cost to the state for care in

a nursing facility, (excluding state mental hospitals and state mental

institutions for mental retardation). 

(F) The provider must maintain accurate records in accordance

with the provisions of 13 CSR 70-3.030 and is subject to sanctions

provided in it for false, fraudulent, abusive practices and in violation

of Title XIX ([Medicaid] MO HealthNet) policies, procedures and

regulations. 

AUTHORITY: sections 208.153[, RSMo Supp. 1991,] and

208.201, RSMo Supp. [1987] 2007 and 208.159 and 208.168,

RSMo [1986] 2000.* Original rule filed May 13, 1983, effective

Aug. 11, 1983. Amended: Filed June 3, 1993, effective Dec. 9, 1993.

Amended: Filed April 4, 1994, effective Oct. 30, 1994. Amended:

Filed Dec. 14, 2007.

PUBLIC COST: This proposed amendment will not cost state agencies or political subdivisions more than five hundred dollars ($500)

in the aggregate.

PRIVATE COST: This proposed amendment will not cost private entities more than five hundred dollars ($500) in the aggregate.

NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in

support of or in opposition to this proposed amendment with the

Department of Social Services, MO HealthNet Division,

615 Howerton Court, Jefferson City, MO 65109. To be considered,

comments must be received within thirty (30) days after publication

of this notice in the Missouri Register. If to be hand-delivered, comments must be brought to the MO HealthNet Division at

615 Howerton Court, Jefferson City, Missouri. No public hearing is

scheduled.

Title 13—DEPARTMENT OF SOCIAL SERVICES

Division 70—[Division of Medical Services]

MO HealthNet Division

Chapter 95—Private Duty Nursing Care Under the 

Healthy Children and Youth Program

PROPOSED AMENDMENT

13 CSR 70-95.010 Private Duty Nursing. The division is amending the Purpose and sections (1)–(4) and (6)–(10).

PURPOSE: This amendment changes the name of the state’s medical

assistance program to MO HealthNet and revises the name of the

program’s administering agency to MO HealthNet Division to comply with state law. The amendment also changes reference to program recipients to participants and updates the division website

address.

PURPOSE: This rule establishes the basis for [Medicaid] MO

HealthNet enrollment and reimbursement of providers of private duty

nursing care for children under Missouri’s Healthy Children and

Youth Program. 

(1) Service Definition. Private duty nursing is the provision of individual and continuous care (in contrast to part-time or intermittent

care) provided according to an individual plan of care approved by a

physician, by licensed nurses acting within the scope of the Missouri

Nurse Practice Act. Services within the [Medicaid] MO HealthNet

private duty nursing program include: 

(2) Persons Eligible for Private Duty Nursing Care. [Medicaid] MO

HealthNet-eligible children under the age of twenty-one (21) may be

eligible for private duty nursing care under the Healthy Children and

Youth Program (HCY) when there is a medical need for a constant

level of care, exceeding the family’s ability to independently care for

the child at home on a long-term basis without the assistance of at

least a four (4)-hour shift of home nursing care per day. Private duty

nursing services for children are prior authorized by the Bureau of

Special Health Care Needs of the Department of Health and Senior

Services.

(3) Criteria for Providers of Private Duty Nursing Care for Children. 

(A) A provider of private duty nursing care must have a valid

[Medicaid] MO HealthNet Private Duty Nursing Provider

Agreement in effect with the Department of Social Services,

[Division of Medical Services] MO HealthNet Division. To

enroll, the applicant must either submit a written proposal, or be a

Medicare-certified and [Medicaid] MO HealthNet-enrolled home

health agency, or be accredited by Joint Commission for

Accreditation of Health Organization (JCAHO), or be accredited by

Community Health Accreditation Program (CHAPS). The written

proposal (required by agencies who are not Medicare certified, or

accredited by JCAHO or CHAPS), must describe the agency and its

service delivery system, assure understanding of and compliance

with the standards of the Private Duty Nursing Care Program and

document the agency’s administrative and fiscal ability to provide the

services in accordance with these standards. Proposals will be

reviewed by qualified medical staff or designees of the Department

of Social Services (DSS). 

(B) All applicants to provide [Medicaid] MO HealthNet private

duty nursing care, enrolling on the basis of a written proposal, may

be subject to on-site reviews, performed at the discretion of the

department, by DSS staff or designees prior to enrollment. These

reviews will monitor compliance with the administrative requirements of the program and service delivery.

(C) On-site reviews to monitor compliance with these standards

will be conducted at the discretion of the department subsequent to

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Vol. 33, No. 2 Missouri Register
[Medicaid] MO HealthNet enrollment, when [Medicaid] MO

HealthNet has reimbursed for services.

(D) Agencies found to be out of compliance with the standards set

forth in this rule may have a penalty imposed. Penalties may be as

follows: 

1. The agency will be required to submit a written plan of correction, with a follow-up monitoring by DSS staff within ninety (90)

days; 

2. New prior authorization requests will not be approved for a

specified period of time; and 

3. The [Medicaid] MO HealthNet provider enrollment agreement will be terminated. 

(4) Administrative Requirements for Private Duty Providers. 

(A) The provider shall immediately notify the provider enrollment

unit of the [Division of Medical Services] MO HealthNet

Division of any change in location, telephone number, administrative

or corporate status. A thirty (30)-day written notice to the [Division

of Medical Services] MO HealthNet Division will be required of

the provider prior to the voluntary termination of the provider agreement. 

(D) The provider must have a policy for responding to emergency

situations. Services reimbursed by [Medicaid] MO HealthNet may

not exceed the prior authorization approved by the Bureau of Special

Health Care Needs, therefore, any emergency situation resulting in

service delivery beyond the limits of the prior authorization must be

reported in writing to the Bureau of Special Health Care Needs within seventy-two (72) hours. 

(E) The provider shall have a written statement of the [recipient’s] participant’s Bill of Rights, which shall be given to the caretaker (if the [recipient] participant is a minor) at the time the service is initiated. At a minimum, the statement should say that the

[recipient] participant has the right to the following: 

A. Be treated with respect and dignity; 

B. Have all personal and medical information kept confidential; 

C. Have direction over the services provided, to the degree

possible, within the service plan approved by the Bureau of Special

Health Care Needs; 

D. Know the provider’s established grievance procedure and

how to make a complaint about the service and receive cooperation

to reach a resolution, without fear of retribution; 

E. Receive services without regard to race, creed, color, age,

sex or national origin; and 

F. Receive a copy of this Bill of Rights. 

(F) The provider shall have a written grievance policy which shall

be provided to each [recipient] participant or caretaker upon initiation of services. The grievance policy must also include the phone

number of the Bureau of Special Health Care Needs and the

[Division of Medical Services, recipient] MO HealthNet

Division, participant services unit. 

(6) Requirements for Training for Private Duty Staff. 

(A) All direct care staff (LPNs and RNs) must have at least four

(4) hours of orientation training prior to service provision.

Orientation training should include general information about the

[Medicaid] MO HealthNet Private Duty Nursing Program, the

HCY program, relationship of the provider agency with the

[Division of Medical Services] MO HealthNet Division and the

Bureau of Special Health Care Needs, the prior authorization

process, child abuse/neglect indicators and reporting, [recipient]

participant rights, [recipient] participant grievance procedures,

internal agency policy and a review of universal precaution procedures as defined by the Center for Disease Control. 

(7) Requirements for Supervision of Private Duty Nursing Staff. 

(C) Frequency of Supervisory Visits. 

1. [Recipients] Participants of private duty nursing care shall

have a personal visit by a supervisory RN at least once every sixty

(60) days if the [recipient] participant is authorized for LPN service. Supervisory visits by an RN will not be separately reimbursed. 

2. Patients who have received RN shift care through the Private

Duty Nurse Program or intermittent visits by an RN under the home

health program (if those services were provided by an agency affiliated with the private duty provider) are not required to have a separate supervisory visit. 

3. Supervisory visits, or explanation of why there are no separate supervisory visits for the month (that is, RN shifts were delivered) are to be documented in the [recipient] participant record. 

(8) Requirements for the Contents of Medical Records. Appropriate

medical records for each [Medicaid recipient] MO HealthNet participant served must be maintained at the private duty nursing

agency. Records should be kept confidential and access should be

limited to private duty nursing staff and representatives of the

Departments of Social Services and Health and Senior Services.

(A) Medical records shall contain the following: 

1. Identifying information about the [recipient] participant,

such as name, birthdate, [Medicaid] MO HealthNet participant

identification number, caretaker and emergency contact person; 

2. All forms or correspondence to and from the Bureau of

Special Health Care Needs regarding the services which have been

prior authorized; 

3. Signed physician orders prior to service delivery which must

be updated each time the prior authorization is due for approval by

the Bureau of Special Health Care Needs; 

4. Consent from the child’s legal custodian for treatment prior

to service delivery; 

5. The plan of care, documenting the amount, duration and

scope of the service. The level of care indicated in the plan of care

(RN or LPN) must be based on acceptable standards of nursing practice. Reimbursement is based on the prior authorization approved by

the Bureau of Special Health Care Needs, with that prior authorization based upon the plan of care, specifying the number of hours and

the skill level of the service, for periods of up to six (6) months; 

6. Weekly documentation of all services provided and any

supervisory visits; 

7. Documentation of the LPN’s competency demonstration

before an RN when the plan of care includes the services of an LPN

as required in subsection (6)(C); and

8. Documentation that a copy of the [recipient’s] participant’s

Bill of Rights was given to the [recipient] participant, parent or

guardian.

(9) Reimbursement. 

(A) Payment will be made in accordance with the fee per unit of

service as defined and determined by the [Division of Medical

Services] MO HealthNet Division. 

1. A unit of service is fifteen (15) minutes. 

2. The fee per unit of service will be based on the determination by the state agency of the reasonable cost of providing the covered services on a statewide basis and within the mandatory maximum payment limitations. 

3. Payment will be made on the lower of the established rate per

service unit or the provider’s billed charges. The charge billed to

[Medicaid] MO HealthNet may not be more than a provider’s ordinary charge to the general public for the same services. 

(10) [Medicaid] MO HealthNet Private Duty Nursing Provider

Manual. A private duty nursing provider manual shall be produced

by the [Division of Medical Services] MO HealthNet Division

and shall be distributed to all private duty nursing providers participating in the Missouri [Medicaid] MO HealthNet Program at its

website at [www.dss.mo.gov/dms] www.dss.mo.gov/mhd. The

[Medicaid] MO HealthNet Private Duty Nursing Provider Manual

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January 16, 2008

Vol. 33, No. 2
and bulletins, which are incorporated by reference and made a part

of this rule as published by the Department of Social Services, 615

Howerton Court, Jefferson City, MO 65109, at its website at

[www.dss.mo.gov/dms, July 1, 2006] www.dss.mo.gov/mhd,

January 16, 2008, shall contain information about [Medicaid] MO

HealthNet eligibility, third party liability, procedures for requesting

prior authorization, claim filing instructions, instructions for filing

adjustments, reimbursement methodology and current [Medicaid]

MO HealthNet maximum rates of reimbursement for services, benefits and limitations of services and other applicable information

about the program. This rule does not incorporate any subsequent

amendments or additions.

AUTHORITY: sections 208.152, [RSMo Supp. 2005 and]

208.153 and 208.201, RSMo [2000] Supp. 2007. Original rule filed

Sept. 2, 1993, effective April 9, 1994. Amended: Filed April 4, 1994,

effective Oct. 30, 1994. Amended: Filed Jan. 15, 2004, effective

Aug. 30, 2004. Amended: Filed June 1, 2006, effective Dec. 30,

2006. Amended: Filed Dec. 14, 2007.

PUBLIC COST: This proposed amendment will not cost state agencies or political subdivisions more than five hundred dollars ($500)

in the aggregate.

PRIVATE COST: This proposed amendment will not cost private entities more than five hundred dollars ($500) in the aggregate.

NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in

support of or in opposition to this proposed amendment with the

Department of Social Services, MO HealthNet Division,

615 Howerton Court, Jefferson City, MO 65109. To be considered,

comments must be received within thirty (30) days after publication

of this notice in the Missouri Register. If to be hand-delivered, comments must be brought to the MO HealthNet Division at

615 Howerton Court, Jefferson City, Missouri. No public hearing is

scheduled.

Title 20—DEPARTMENT OF INSURANCE, 

FINANCIAL INSTITUTIONS AND PROFESSIONAL

REGISTRATION

Division 2150—State Board of Registration for the 

Healing Arts

Chapter 1—Organization

PROPOSED AMENDMENT

20 CSR 2150-1.015 Public Records. The board is proposing to

amend sections (3) and (4).

PURPOSE: Pursuant to Executive Order 06-04 the Division of

Professional Registration was transferred from the Department of

Economic Development, Title 4, to the Department of Insurance,

Financial Institutions and Professional Registration, Title 20.

Therefore, references to 4 CSR 150 are being amended throughout

the rule. Also, a gender correction is being made.

(3) When a party requests copies of the records, the board may collect the appropriate fee for costs for inspecting and copying the

records and may require payment of the fee prior to making the

records available [(see 4 CSR 150-3.080)] (see 20 CSR 2150-

3.080).

(4) When the custodian believes that requested access is not required

under Chapter 610, RSMo, the custodian shall inform the requesting

party that compliance cannot be made, specifying what sections of

Chapter 610, RSMo require that the record remain closed.

Correspondence or documentation of the denial shall be copied to the

board’s general counsel. The custodian also shall inform the requesting party that [s/he] they may appeal directly to the board for access

to the records requested. The appeal and all pertinent information

shall be placed on the agenda for the board’s next regularly scheduled meeting. If the board reverses the decision of the custodian, the

board shall direct the custodian to advise the requesting party and

supply access to the information during regular business hours at the

party’s convenience.

AUTHORITY: section 334.125, RSMo [1986] 2000 and Chapter

610, RSMo Supp. 2007. This rule originally filed as 4 CSR 150-

1.015. Original rule filed Dec. 23, 1988, effective May 1, 1989.

Moved to 20 CSR 2150-1.015, effective Aug. 28, 2006. Amended:

Filed Dec. 14, 2007.

PUBLIC COST: This proposed amendment will not cost state agencies or political subdivisions more than five hundred dollars ($500)

in the aggregate.

PRIVATE COST: This proposed amendment will not cost private entities more than five hundred dollars ($500) in the aggregate.

NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in

support of or in opposition to this proposed amendment with the

Missouri Board of Registration for the Healing Arts, Tina Steinman,

Executive Director, PO Box 4, Jefferson City, MO 65102, by faxing

(573) 751-3166 or by emailing healingarts@pr.mo.gov. To be considered, comments must be received within thirty (30) days after publication of this notice in the Missouri Register. No public hearing is

scheduled.

Title 20—DEPARTMENT OF INSURANCE, 

FINANCIAL INSTITUTIONS AND PROFESSIONAL

REGISTRATION

Division 2150—State Board of Registration for the 

Healing Arts

Chapter 2—Licensing of Physicians and Surgeons

PROPOSED AMENDMENT

20 CSR 2150-2.010 Applicants for Licensing by Examination.

The board is proposing to amend sections (1), (5), (6), and (8) and

delete the annotations that follow the rule in the Code of State

Regulations.

PURPOSE: Pursuant to Executive Order 06-04 the Division of

Professional Registration was transferred from the Department of

Economic Development, Title 4, to the Department of Insurance,

Financial Institutions and Professional Registration, Title 20.

Therefore, references to 4 CSR 150 are being amended throughout

the rule. This amendment also deletes the annotations immediately

following the rule and makes grammatical corrections throughout the

rule. Also, gender corrections are being made throughout the rule.

(1) The applicant shall furnish satisfactory evidence as to [his/her]

their innocence of unprofessional or dishonorable conduct and good

moral character, including postgraduate reference letters from the

applicant’s training programs.

(5) For applicants desiring to take the board’s examination after

January 1, 1994, the applicant shall furnish satisfactory evidence of

having passed— 

(A) Component 1 of the Federation Licensing Examination

(FLEX); or 

(B) Both—

1. Part I of the [NBME (]National Board of Medical

Examiners[)] (NBME) examination, Part I of the [NBOE (]National

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Vol. 33, No. 2 Missouri Register
Board of Osteopathic Examiners[)] (NBOE) examination or Step 1 of

the [USMLE (]United States Medical Licensing Examination[)]

(USMLE); and 

2. Part II of the NBME examination or Part II of the NBOE

examination or Step 2 of the USMLE. 

(6) For applicants desiring to take the examination after January 1,

1994, the applicant shall provide evidence that the applicant will have

met the board’s postgraduate training requirements as stated in [4

CSR 150-2.004] 20 CSR 2150-2.004, within sixty (60) days of the

examination. 

(8) The board does not necessarily accept the operative and hospital

work of any medical or osteopathic school outside the United States

and Canada; therefore an applicant from an international school may

be required to have at least three (3) years of AMA/AOA approved

training in a hospital in the United States approved for resident training by the board before making application for examination.

(A) This applicant must furnish to the board a copy of [his/her]

their credentials in the original form with translated copy of each

attached and shall be verified to the board by the school of graduation direct or documents bearing the evidence shall be visaed by the

United States consul in the country the school of graduation is or was

located.

(B) This applicant is required to get a certificate from the

Educational Commission for Foreign Medical Graduates or show

evidence to the board that [s/he has] they have passed the equivalent examination in another state or national board.

AUTHORITY: section 334.125, RSMo [Supp. 1995] 2000. This

rule originally filed as 4 CSR 150-2.010. Original rule filed Dec. 19,

1975, effective Dec. 29, 1975. For intervening history, please consult

the Code of State Regulations. Amended: Filed Dec. 14, 2007.

PUBLIC COST: This proposed amendment will not cost state agencies or political subdivisions more than five hundred dollars ($500)

in the aggregate.

PRIVATE COST: This proposed amendment will not cost private entities more than five hundred dollars ($500) in the aggregate.

NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in

support of or in opposition to this proposed amendment with the

Missouri Board of Healing Arts, Tina Steinman, Executive Director,

PO Box 4, Jefferson City, MO 65102, by faxing (573) 751-3166 or by

emailing healingarts@pr.mo.gov. To be considered, comments must

be received within thirty (30) days after publication of this notice in

the Missouri Register. No public hearing is scheduled.

Title 20—DEPARTMENT OF INSURANCE, 

FINANCIAL INSTITUTIONS AND PROFESSIONAL

REGISTRATION

Division 2150—State Board of Registration for the 

Healing Arts

Chapter 2—Licensing of Physicians and Surgeons

PROPOSED AMENDMENT

20 CSR 2150-2.030 Licensing by Reciprocity. The board is proposing to amend sections (1), (4), (5), and (12) and delete the annotations that follow the rule in the Code of State Regulations.

PURPOSE: Pursuant to Executive Order 06-04 the Division of

Professional Registration was transferred from the Department of

Economic Development, Title 4, to the Department of Insurance,

Financial Institutions and Professional Registration, Title 20.

Therefore, references to 4 CSR 150 are being amended throughout

the rule. This amendment also makes a gender correction and deletes

the annotations immediately following the rule.

(1) The applicant shall furnish a postgraduate reference letter from

each institution where [s/he is] they are a house officer, meaning

either intern or resident.

(4) Applicants for licensing by reciprocity who have been examined

successfully by any professional board considered competent by the

State Board of Registration for the Healing Arts, and having received

grades not less than those required by the board, and holding certificates as physicians and surgeons in any state or territory of the

United States or the District of Columbia and, in addition, presenting to the board satisfactory certificates that they in every way fulfilled all the scholastic and other requirements of the [Missouri]

State Board of Registration for the Healing Arts, at the discretion of

the board, and upon showing to the State Board of Registration for

the Healing Arts may receive from the board a license to practice as

a physician and surgeon in Missouri without further examination.

Applicants may be required to appear before the board in person.

(5) The applicant is required to make application [(see 4 CSR 150-

2.040)] (see 20 CSR 2150-2.040) upon a form prepared by the

board.

(12) When an applicant has filed [his/her] their application and an

appropriate fee, to be established by the board, for licensure by reciprocity and the application is denied by the board or subsequently

withdrawn by the applicant, an appropriate fee established by the

board will be retained by the State Board of Registration for the

Healing Arts as a service charge.

AUTHORITY: section 334.125, RSMo 2000. This rule originally filed

as 4 CSR 150-2.030. This version of rule filed Dec. 19, 1975, effective Dec. 29, 1975. For intervening history, please consult the Code

of State Regulations. Amended: Filed Dec. 14, 2007. 

PUBLIC COST: This proposed amendment will not cost state agencies or political subdivisions more than five hundred dollars ($500)

in the aggregate.

PRIVATE COST: This proposed amendment will not cost private entities more than five hundred dollars ($500) in the aggregate.

NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in

support of or in opposition to this proposed amendment with the

Missouri Board of Registration for the Healing Arts, Tina Steinman,

Executive Director, PO Box 4, Jefferson City, MO 65102, by faxing

(573) 751-3166 or by emailing healingarts@pr.mo.gov. To be considered, comments must be received within thirty (30) days after publication of this notice in the Missouri Register. No public hearing is

scheduled.

Title 20—DEPARTMENT OF INSURANCE, 

FINANCIAL INSTITUTIONS AND PROFESSIONAL

REGISTRATION

Division 2150—State Board of Registration for the 

Healing Arts

Chapter 2—Licensing of Physicians and Surgeons

PROPOSED AMENDMENT

20 CSR 2150-2.050 Annual Registration Penalty. The board is

proposing to amend section (1) and delete the annotation following

the rule in the Code of State Regulations. 

Page 220 Proposed Rules

January 16, 2008

Vol. 33, No. 2
PURPOSE: Pursuant to Executive Order 06-04 the Division of

Professional Registration was transferred from the Department of

Economic Development, Title 4, to the Department of Insurance,

Financial Institutions and Professional Registration, Title 20.

Therefore, references to 4 CSR 150 are being amended throughout

the rule. This amendment also deletes the annotation immediately

following the rule.

(1) Whenever a licensed practitioner fails to renew his/her registration for any period in excess of six (6) months after the expiration of

his/her last registration, his/her application for renewal of registration shall be denied unless it is accompanied by all fees required by

statute, [4 CSR 150-2.125] 20 CSR 2150-2.125 and this rule,

together with a completed renewal application. The application shall

be made under oath on a form furnished by the board. The application shall include, but not be limited to, disclosure of the following:

the applicant’s full name and the office and residence addresses and

the issuance date and number of the license; all final disciplinary

actions taken against the applicant by any professional medical or

osteopathic association or society, licensed hospital or medical staff

of the hospital, state, territory, federal agency or country; and information concerning the applicant’s current physical and mental fitness

to practice as a physician and surgeon.

AUTHORITY: sections 334.075, 334.080 and 334.125, RSMo 2000.

This rule originally filed as 4 CSR 150-2.050. Original rule filed

Dec. 19, 1975, effective Dec. 29, 1975. For intervening history,

please consult the Code of State Regulations. Amended: Filed Dec.

14, 2007.

PUBLIC COST: This proposed amendment will not cost state agencies or political subdivisions more than five hundred dollars ($500)

in the aggregate.

PRIVATE COST: This proposed amendment will not cost private entities more than five hundred dollars ($500) in the aggregate.

NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in

support of or in opposition to this proposed amendment with the

Missouri Board of Registration for the Healing Arts, Tina Steinman,

Executive Director, PO Box 4, Jefferson City, MO 65102, by faxing

(573) 751-3166 or by emailing healingarts@pr.mo.gov. To be considered, comments must be received within thirty (30) days after publication of this notice in the Missouri Register. No public hearing is

scheduled.

Title 20—DEPARTMENT OF INSURANCE, 

FINANCIAL INSTITUTIONS AND PROFESSIONAL

REGISTRATION

Division 2150—State Board of Registration for the 

Healing Arts

Chapter 2—Licensing of Physicians and Surgeons

PROPOSED AMENDMENT

20 CSR 2150-2.063 Provisional Temporary Licensure. The board

is proposing to amend sections (2), (5), and (10).

PURPOSE: Pursuant to Executive Order 06-04 the Division of

Professional Registration was transferred from the Department of

Economic Development, Title 4, to the Department of Insurance,

Financial Institutions and Professional Registration, Title 20.

Therefore, references to 4 CSR 150 are being amended throughout

the rule. This amendment also makes gender corrections throughout

the rule.

(2) An applicant is required to make application upon a form [(see

4 CSR 150-2.060)] (see 20 CSR 2150-2.060) prepared by the

board. 

(5) An applicant shall present evidence to the board that [s/he

holds] they hold a current license to practice as a physician and surgeon in another state. 

(10) The director of the applicant’s residency program shall identify

the name of the institution or organization where the applicant will

be practicing, the name of the Missouri licensed physician who will

supervise the applicant, the date that the applicant’s practice in

Missouri will begin and end, and what portion of the applicant’s residency program is covered in [his/her] their Missouri-based training. 

AUTHORITY: sections 334.046[, RSMo Supp. 1989] and

334.125, RSMo [1986] 2000. This rule originally filed as 4 CSR

150-2.063. Original rule filed April 1, 1991, effective Aug. 30,

1991. Moved to 20 CSR 2150-2.063, effective Aug. 28, 2006.

Amended: Filed Dec. 14, 2007.

PUBLIC COST: This proposed amendment will not cost state agencies or political subdivisions more than five hundred dollars ($500)

in the aggregate.

PRIVATE COST: This proposed amendment will not cost private entities more than five hundred dollars ($500) in the aggregate.

NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in

support of or in opposition to this proposed amendment with the

Missouri Board of Healing Arts, Tina Steinman, Executive Director,

PO Box 4, Jefferson City, MO 65102, by faxing (573) 751-3166 or by

emailing healingarts@pr.mo.gov. To be considered, comments must

be received within thirty (30) days after publication of this notice in

the Missouri Register. No public hearing is scheduled.

Title 20—DEPARTMENT OF INSURANCE, 

FINANCIAL INSTITUTIONS AND PROFESSIONAL

REGISTRATION

Division 2150—State Board of Registration for the 

Healing Arts

Chapter 2—Licensing of Physicians and Surgeons

PROPOSED AMENDMENT

20 CSR 2150-2.065 Temporary Licenses to Teach or Lecture in

Certain Programs. The board is proposing to amend subsection

(6)(A).

PURPOSE: Pursuant to Executive Order 06-04 the Division of

Professional Registration was transferred from the Department of

Economic Development, Title 4, to the Department of Insurance,

Financial Institutions and Professional Registration, Title 20.

Therefore, references to 4 CSR 150 are being amended throughout

the rule.

(6) Applicants seeking a visiting professor license under this rule

shall utilize the following procedure:

(A) The applicant is required to make application, under oath,

upon either the fourteen (14)-day visiting professor license application form prepared by the board or the regular visiting professor

license application form [(see 4 CSR 150-2.060)] (see 20 CSR

2150-2.060) prepared by the board, depending upon the type of

license desired by the applicant;

Page 221 January 16, 2008

Vol. 33, No. 2 Missouri Register
AUTHORITY: sections 334.046 and 334.125, RSMo [Supp. 1999]

2000. This rule originally filed as 4 CSR 150-2.065. Original rule

filed Jan. 19, 1988, effective April 15, 1988. For intervening history, please consult the Code of State Regulations. Amended: Filed

Dec. 14, 2007.

PUBLIC COST: This proposed amendment will not cost state agencies or political subdivisions more than five hundred dollars ($500)

in the aggregate.

PRIVATE COST: This proposed amendment will not cost private entities more than five hundred dollars ($500) in the aggregate.

NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in

support of or in opposition to this proposed amendment with the

Missouri Board of Healing Arts, Tina Steinman, Executive Director,

PO Box 4, Jefferson City, MO 65102, by faxing (573) 751-3166 or by

emailing healingarts@pr.mo.gov. To be considered, comments must

be received within thirty (30) days after publication of this notice in

the Missouri Register. No public hearing is scheduled.

Title 20—DEPARTMENT OF INSURANCE, 

FINANCIAL INSTITUTIONS AND PROFESSIONAL

REGISTRATION

Division 2150—State Board of Registration for the 

Healing Arts

Chapter 2—Licensing of Physicians and Surgeons

PROPOSED AMENDMENT

20 CSR 2150-2.125 Continuing Medical Education. The board is

proposing to amend subsection (1)(A), sections (2) through (4), add

new language in section (5), renumber the remaining sections

accordingly and amend the newly renumbered section (10).

PURPOSE: Pursuant to Executive Order 06-04 the Division of

Professional Registration was transferred from the Department of

Economic Development, Title 4, to the Department of Insurance,

Financial Institutions and Professional Registration, Title 20.

Therefore, references to 4 CSR 150 are being amended throughout

the rule. This amendment also corrects grammatical errors.

(1) Effective February 1, 2007, each licensee shall complete and

report at least fifty (50) hours of continuing medical education every

two (2) years. The board shall not issue a renewal of a licensee’s certificate of registration unless the licensee demonstrates completion of

fifty (50) hours of continuing medical education accredited by the

American Osteopathic Association (AOA) as Category 1-A or 2-A,

by the American Medical Association (AMA) as Category 1 or by

the American Academy of Family Practice Prescribed Credit, in the

two (2) immediately preceding reporting periods. A licensee is not

required to complete any continuing medical education hours in the

renewal period in which the licensee is initially licensed to practice

the healing arts in Missouri if the licensee has not previously held a

permanent license to practice the healing arts in Missouri or any

other state in the United States of America. The period for completion of the continuing medical education requirements shall be the

twenty-four (24)-month period beginning January 1 of each evennumbered year and ending December 31 of each odd-numbered year.

A licensee who has failed to obtain and report, in a timely fashion,

fifty (50) hours of continuing medical education shall not engage in

the practice of medicine unless an extension is obtained pursuant to

section (4) of this rule. 

(A) A licensee shall be deemed to have complied with section (1)

of this rule if the licensee completes forty (40) hours of continuing

medical education and each course, seminar or activity includes a

post-test of the material covered in the forty (40) continuing medical

education hours. The forty (40) hours must all be accredited by the

AOA as Category 1-A or by the AMA as Category 1.

(2) Each licensee shall certify by attestation, under penalty of perjury, that [s/he has] they have completed the required hours of continuing medical education on the renewal form [(see 4 CSR 150-

2.040)] (see 20 CSR 2150-2.040). 

(3) Each licensee shall retain records documenting [his/her] their

attendance at and completion of the required hours of continuing

medical education for a minimum of three (3) years after the reporting period in which the continuing medical education was completed. The records shall document the titles of the courses taken, dates,

locations, course sponsors, category of hours earned and number of

hours earned. The board may conduct an audit of licensees to verify

compliance with the continuing medical education requirement.

Licensees shall assist the board in its audit by providing timely and

complete responses to the board’s inquiries. 

(4) A licensee who cannot complete the required hours of continuing

medical education because of personal illness[, military service] or

other circumstances beyond the licensee’s control which the board

deems to be sufficient to impose an insurmountable hardship may

apply for an extension of time to complete the continuing medical

education requirements. Any extension of time to complete the continuing medical education requirements will be granted solely in the

discretion of the board. The licensee must make a written application

for extension of time prior to the December 31 deadline for completion of the continuing medical education requirement. The application for extension shall be accompanied by a processing fee of fifty

dollars ($50), together with the application for extension. The

licensee shall provide full and complete written documentation of the

grounds supporting the reasons for which an extension is sought. A

licensee who requests an extension of time to complete the required

hours of continuing medical education shall not engage in the active

practice of the healing arts until the board grants the licensee’s

request for extension and the licensee receives express written authorization to do so. 

[(A) Licensees in the military are exempt from obtaining

continuing medical education if they are called to active duty

under competent orders for at least a majority of the reporting period due to his/her military service commitment. At a

minimum, the licensee must submit written documentation

from the appropriate military authorities verifying the

licensee’s military service commitment.]

[(B)](A) Illness extensions may be granted only to a licensee who

has suffered a personal illness or personal disability of a nature as to

prevent [him/her] them from engaging in the active practice of medicine for at least a majority of the reporting period. At a minimum,

the licensee shall provide the board with written documentation from

the licensee’s treating physician stating the nature of the illness or

disability, the period of the illness or disability, any limitations on the

licensee’s activities which resulted from the illness or disability, the

number of hours earned in the reporting [year] period and a plan for

completing the balance of the requirement. 

[(C)](B) The board, solely in its discretion, may grant an extension based on unforeseeable circumstances beyond the licensee’s

control which impose an insurmountable hardship precluding the

licensee from obtaining the required continuing medical education.

At a minimum, the licensee must provide written documentation

explaining specifically and in detail the nature of the circumstances,

why the circumstances were unforeseeable and beyond the licensee’s

control, the period during which the circumstances were in existence, the number of continuing medical education credits earned in

the reporting period and the licensee’s plan for completing the balance of the requirements. The board, in its discretion, shall determine if the situation described in the licensee’s application constitutes unforeseeable circumstances beyond the licensee’s control

Page 222 Proposed Rules

January 16, 2008

Vol. 33, No. 2
which impose an [unsurmountable] insurmountable hardship precluding the licensee from obtaining the required continuing medical

education. 

[(D)](C) A licensee who is granted an extension of time shall complete the balance of his/her continuing medical education requirements no later than February 28 immediately following the end of the

reporting period for which an extension was sought and shall provide

the board with written documentation of [his/her] their completion

of the continuing medical education requirements no later than

March 10 immediately following the end of the reporting period for

which an extension was sought. Failure to complete the continuing

medical education requirements by February 28 or to file the documentation with the board by March 10 shall constitute a violation of

section 334.075, RSMo and this rule. 

[(E)](D) An extension of time shall not be granted to any licensee

who obtained an extension in the immediately preceding reporting

period in which the licensee held an active license, except in the case

of a licensee who is unable to complete the requirements due to military service commitment pursuant to a combat or national emergency assignment. 

(5) Licensees in the military will be granted an extension of time

to complete the continuing medical education requirements if

they are called to active duty under competent orders for any

period of thirty (30) days or more during the reporting period in

accordance with section 41.950(10), RSMo. If the licensee is

called to active duty for a majority of the reporting period, they

will be exempt from obtaining continuing medical education. The

licensee must submit written documentation from the appropriate military authorities verifying the licensee’s military service

commitment.

[(5)](6) A licensee who has obtained American Specialty Board certification or recertification during the reporting period shall be

deemed to have obtained the required hours of continuing medical

education. The licensee shall provide the board with documentation

evidencing the certification or recertification upon request. 

[(6)](7) A licensee who participated in an AMA or AOA-approved

internship or residency program during the reporting period shall be

deemed to have obtained the required hours of continuing medical

education if at least sixty (60) days of the reporting period were spent

in the internship or residency. 

[(7)](8) A licensee who participated in a fellowship program in an

approved teaching institution shall be deemed to have obtained the

required hours of continuing medical education if at least sixty (60)

days of the reporting period were spent in the fellowship and the fellowship is determined to be advanced training. Upon request, the

licensee shall provide documentation from the fellowship program

director verifying the number of days in the program and that the

program is advanced training. 

[(8)](9) A licensee who holds a limited license to practice medicine

in the state of Missouri shall obtain and report to the board ten (10)

hours of AMA Category 1 or AOA Category 1-A or 2-A continuing

medical education each reporting period. The period for completion

of the continuing medical education requirements for a licensee who

holds a limited license shall be the twenty-four (24)-month period

beginning January 1 of each even-numbered year and ending

December 31 of each odd-numbered year.

[(9)](10) For purposes of section 334.075, RSMo concerning waiver of the continuing medical education requirements for retired physicians, a retired physician is one who has neither engaged in the active

practice of medicine nor held [him/herself] themselves out as an

active practicing physician and, pursuant to section 334.110, RSMo,

has executed and filed with the board a retirement affidavit. A retired

physician may keep [his/her] their wall-hanging certificate after execution of a retirement affidavit but shall surrender, upon retirement,

all other indicia of licensure. 

[(10)](11) To reinstate the license of a physician whose license has

been in a noncurrent state for any reason, including retirement, for a

period of two (2) years or less, that physician shall obtain, in addition to any other requirements of law, twenty-five (25) hours of continuing medical education for each calendar year in which the license

was in a noncurrent state. To reinstate the license of any physician

whose license has been in a noncurrent state for any reason, including retirement, for more than two (2) years, that physician shall comply with [4 CSR 150-2.150] 20 CSR 2150-2.150 and any other

requirements of law. No license of a physician whose license has

been noncurrent shall be reinstated unless and until all required continuing medical education is obtained and reported to the board and

all other requirements of law have been satisfied. 

[(11)](12) Violation of any provision of this rule shall be deemed by

the board to constitute misconduct, fraud, misrepresentation, dishonesty, unethical conduct or unprofessional conduct in the performance of the functions or duties of a physician depending on the

licensee’s conduct. In addition, a licensee who has failed to complete

and report in a timely fashion the required hours of continuing medical education and engages in the active practice of the healing arts

without the express written authority of the board shall be deemed to

have engaged in the unauthorized practice of medicine. 

AUTHORITY: sections 41.950, RSMo Supp. 2007 and 334.075 and

334.125, RSMo 2000. This rule originally filed as 4 CSR 150-2.125.

Original rule filed Oct. 16, 1991, effective March 9, 1992. For intervening history, please consult the Code of State Regulations.

Amended: Filed Dec. 14, 2007.

PUBLIC COST: This proposed amendment will not cost state agencies or political subdivisions more than five hundred dollars ($500)

in the aggregate.

PRIVATE COST: This proposed amendment will not cost private entities more than five hundred dollars ($500) in the aggregate.

NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in

support of or in opposition to this proposed amendment with the

Missouri Board of Registration for the Healing Arts, Tina Steinman,

Executive Director, PO Box 4, Jefferson City, MO 65102, by faxing

(573) 751-3166 or by emailing healingarts@pr.mo.gov. To be considered, comments must be received within thirty (30) days after publication of this notice in the Missouri Register. No public hearing is

scheduled.

Title 20—DEPARTMENT OF INSURANCE, 

FINANCIAL INSTITUTIONS AND PROFESSIONAL

REGISTRATION

Division 2150—State Board of Registration for the 

Healing Arts

Chapter 2—Licensing of Physicians and Surgeons

PROPOSED AMENDMENT

20 CSR 2150-2.153 Reinstatement of an Inactive License. The

board is proposing to amend section (5).

PURPOSE: Pursuant to Executive Order 06-04 the Division of

Professional Registration was transferred from the Department of

Economic Development, Title 4, to the Department of Insurance,

Financial Institutions and Professional Registration, Title 20.

Therefore, references to 4 CSR 150 are being amended throughout

the rule.

Page 223 January 16, 2008

Vol. 33, No. 2 Missouri Register
(5) All applicants for reinstatement of an inactive license must submit a fee as specified in [4 CSR 150-2.080] 20 CSR 2150-2.080.

The fee shall be submitted in the form of a cashier’s check or money

order drawn on a United States bank made payable to the Missouri

Board of Healing Arts.

AUTHORITY: sections 334.090.2 and 334.125, RSMo 2000. This

rule originally filed as 4 CSR 150-2.153. Original rule filed March

1, 2005, effective Aug. 30, 2005. Moved to 20 CSR 2150-2.153,

effective Aug. 28, 2006.

PUBLIC COST: This proposed amendment will not cost state agencies or political subdivisions more than five hundred dollars ($500)

in the aggregate.

PRIVATE COST: This proposed amendment will not cost private entities more than five hundred dollars ($500) in the aggregate.

NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in

support of or in opposition to this proposed amendment with the

Missouri Board of Registration for the Healing Arts, Tina Steinman,

Executive Director, PO Box 4, Jefferson City, MO 65102, by faxing

(573) 751-3166 or by emailing healingarts@pr.mo.gov. To be considered, comments must be received within thirty (30) days after publication of this notice in the Missouri Register. No public hearing is

scheduled.

Title 20—DEPARTMENT OF INSURANCE, 

FINANCIAL INSTITUTIONS AND PROFESSIONAL

REGISTRATION

Division 2150—State Board of Registration for the 

Healing Arts

Chapter 3—Licensing of Physical Therapists and 

Physical Therapist Assistants

PROPOSED AMENDMENT

20 CSR 2150-3.030 Examination. The board is proposing to amend

subsection (1)(A).

PURPOSE: Pursuant to Executive Order 06-04 the Division of

Professional Registration was transferred from the Department of

Economic Development, Title 4, to the Department of Insurance,

Financial Institutions and Professional Registration, Title 20.

Therefore, references to 4 CSR 150 are being amended throughout

the rule.

(1) The applicant shall:

(A) Meet all requirements as set forth in [4 CSR 150-3.010] 20

CSR 2150-3.010;

AUTHORITY: sections 334.125, RSMo 2000 and 334.530 and

334.550, RSMo Supp. [2005] 2007. This rule originally filed as 4

CSR 150-3.030. Original rule filed Dec. 19, 1975, effective Dec. 29,

1975. For intervening history, please consult the Code of State

Regulations. Amended: Filed Dec. 14, 2007.

PUBLIC COST: This proposed amendment will not cost state agencies or political subdivisions more than five hundred dollars ($500)

in the aggregate.

PRIVATE COST: This proposed amendment will not cost private entities more than five hundred dollars ($500) in the aggregate.

NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in

support of or in opposition to this proposed amendment with the

Missouri Board of Registration for the Healing Arts, Tina Steinman,

Executive Director, PO Box 4, Jefferson City, MO 65102, by faxing

(573) 751-3166 or by emailing healingarts@pr.mo.gov. To be considered, comments must be received within thirty (30) days after publication of this notice in the Missouri Register. No public hearing is

scheduled.

Title 20—DEPARTMENT OF INSURANCE, 

FINANCIAL INSTITUTIONS AND PROFESSIONAL

REGISTRATION

Division 2150—State Board of Registration for the 

Healing Arts

Chapter 3—Licensing of Physical Therapists and 

Physical Therapist Assistants

PROPOSED AMENDMENT

20 CSR 2150-3.040 Licensing by Reciprocity. The board is proposing to amend sections (1) and (3) and remove an annotation following the rule in the Code of State Regulations.

PURPOSE: Pursuant to Executive Order 06-04 the Division of

Professional Registration was transferred from the Department of

Economic Development, Title 4, to the Department of Insurance,

Financial Institutions and Professional Registration, Title 20.

Therefore, references to 4 CSR 150 are being amended throughout

the rule. This amendment also deletes the annotation immediately

following the rule.

(1) Upon proper application, the State Board of Registration for the

Healing Arts may recommend for licensure without examination

legally qualified persons who hold certificates or licenses in any state

or territory of the United States or the District of Columbia authorizing them to practice in the same manner and to the same extent as

professional physical therapists are authorized to practice by this act

if the applicant has been successfully examined by any professional

board considered competent by the [Missouri] State Board of

Registration for the Healing Arts, has received examination scores

equivalent to those set forth in [4 CSR 150-3.030] 20 CSR 2150-

3.030 and has fulfilled all the scholastic and other requirements for

licensure in Missouri. Applicants for licensure by reciprocity may be

required to appear before the board in person.

(3) In all instances where the board, by rule or in the application

form [(see 4 CSR 150-3.020)] (20 CSR 2150-3.020), has provided that it will accept copies in lieu of an original document, the

applicant shall provide copies notarized by a notary public to verify

that those copies are true and correct copies of the original document. The board will not recognize foreign notaries. The board shall

accept the notarization of the United States consul.

AUTHORITY: section 334.125, RSMo [Supp. 1993] 2000. This

rule originally filed as 4 CSR 150-3.040. Original rule filed Dec. 19,

1975, effective Dec. 29, 1975. Amended: Filed July 3, 1989, effective Dec. 1, 1989. Amended: Filed June 4, 1991, effective Oct. 31,

1991. Moved to 20 CSR 2150-3.040, effective Aug. 28, 2006.

Amended: Filed Dec. 14, 2007.

PUBLIC COST: This proposed amendment will not cost state agencies or political subdivisions more than five hundred dollars ($500)

in the aggregate.

PRIVATE COST: This proposed amendment will not cost private entities more than five hundred dollars ($500) in the aggregate.

NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in

support of or in opposition to this proposed amendment with the

Missouri Board of Registration for the Healing Arts, Tina Steinman,

Executive Director, PO Box 4, Jefferson City, MO 65102, by faxing

Page 224 Proposed Rules

January 16, 2008

Vol. 33, No. 2
(573) 751-3166 or by emailing healingarts@pr.mo.gov. To be considered, comments must be received within thirty (30) days after publication of this notice in the Missouri Register. No public hearing is

scheduled.

Title 20—DEPARTMENT OF INSURANCE, 

FINANCIAL INSTITUTIONS AND PROFESSIONAL

REGISTRATION

Division 2150—State Board of Registration for the 

Healing Arts

Chapter 3—Licensing of Physical Therapists and 

Physical Therapist Assistants

PROPOSED AMENDMENT

20 CSR 2150-3.050 Temporary Licenses. The board is proposing

to amend section (1) and delete the annotation immediately following the rule.

PURPOSE: Pursuant to Executive Order 06-04 the Division of

Professional Registration was transferred from the Department of

Economic Development, Title 4, to the Department of Insurance,

Financial Institutions and Professional Registration, Title 20.

Therefore, references to 4 CSR 150 are being amended throughout

the rule. This amendment also deletes the annotation immediately

following the rule.

(1) A temporary license may be issued to a first-time applicant for

licensure by examination who meets the qualifications of section

334.530.1, RSMo, has complied with [4 CSR 150-3.010] 20 CSR

2150-3.010 and [4 CSR 150-3.020] 20 CSR 2150-3.020, and submits an agreement to supervise form signed by the applicant’s supervising physical therapist. A temporary license will not be issued to

an applicant who has failed the Missouri licensure examination or a

licensure examination in any jurisdiction.

AUTHORITY: sections 334.125, RSMo 2000 and 334.530, 334.540

and 334.550, RSMo Supp. [2005] 2007. This rule originally filed

as 4 CSR 150-3.050. Original rule filed Dec. 19, 1975, effective

Dec. 29, 1975. For intervening history, please consult the Code of

State Regulations. Amended: Filed Dec. 14, 2007.

PUBLIC COST: This proposed amendment will not cost state agencies or political subdivisions more than five hundred dollars ($500)

in the aggregate.

PRIVATE COST: This proposed amendment will not cost private entities more than five hundred dollars ($500) in the aggregate.

NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in

support of or in opposition to this proposed amendment with the

Missouri Board of Registration for the Healing Arts, Tina Steinman,

Executive Director, PO Box 4, Jefferson City, MO 65102, by faxing

(573) 751-3166 or by emailing healingarts@pr.mo.gov. To be considered, comments must be received within thirty (30) days after publication of this notice in the Missouri Register. No public hearing is

scheduled.

Title 20—DEPARTMENT OF INSURANCE, 

FINANCIAL INSTITUTIONS AND PROFESSIONAL

REGISTRATION

Division 2150—State Board of Registration for the 

Healing Arts

Chapter 3—Licensing of Physical Therapists and 

Physical Therapist Assistants

PROPOSED AMENDMENT

20 CSR 2150-3.150 Physical Therapist Assistant Temporary

Licensure. The board is proposing to amend section (5).

PURPOSE: Pursuant to Executive Order 06-04 the Division of

Professional Registration was transferred from the Department of

Economic Development, Title 4, to the Department of Insurance,

Financial Institutions and Professional Registration, Title 20.

Therefore, references to 4 CSR 150 are being amended throughout

the rule.

(5) A Missouri permanently licensed physical therapist shall direct

and supervise the temporarily licensed physical therapist assistant at

all times, pursuant to section 334.650, RSMo and [4 CSR 150-

3.090] 20 CSR 2150-3.090.

AUTHORITY: sections 334.125, 334.650 and 334.670, RSMo 2000

and 334.665, RSMo Supp. [2005] 2007. This rule originally filed

as 4 CSR 150-3.150. Original rule filed Sept. 4, 1997, effective

March 30, 1998. Amended: Filed Jan. 3, 2006, effective June 30,

2006. Moved to 20 CSR 2150-3.150, effective Aug. 28, 2006.

Amended: Filed Dec. 14, 2007.

PUBLIC COST: This proposed amendment will not cost state agencies or political subdivisions more than five hundred dollars ($500)

in the aggregate.

PRIVATE COST: This proposed amendment will not cost private entities more than five hundred dollars ($500) in the aggregate.

NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in

support of or in opposition to this proposed amendment with the

Missouri Board of Registration for the Healing Arts, Tina Steinman,

Executive Director, PO Box 4, Jefferson City, MO 65102, by faxing

(573) 751-3166 or by emailing healingarts@pr.mo.gov. To be considered, comments must be received within thirty (30) days after publication of this notice in the Missouri Register. No public hearing is

scheduled.

Title 20—DEPARTMENT OF INSURANCE, 

FINANCIAL INSTITUTIONS AND PROFESSIONAL

REGISTRATION

Division 2150—State Board of Registration for the 

Healing Arts

Chapter 3—Licensing of Physical Therapists and 

Physical Therapist Assistants

PROPOSED AMENDMENT

20 CSR 2150-3.180 Physical Therapist Assistant Registration—

Supervision, Name and Address Changes. The board is proposing

to amend section (5).

PURPOSE: Pursuant to Executive Order 06-04 the Division of

Professional Registration was transferred from the Department of

Economic Development, Title 4, to the Department of Insurance,

Financial Institutions and Professional Registration, Title 20.

Therefore, references to 4 CSR 150 are being amended throughout

the rule.

(5) Licensees who retire from practice as physical therapist assistants

shall file an affidavit, on a form furnished by the board, stating the

date of retirement. Licensees shall submit documentation verifying

retirement as requested by the board. Licensees who reengage in

practice as physical therapist assistants after submitting an affidavit

of retirement shall reapply for licensure as required in sections

334.650 and 334.685, RSMo and pursuant to the provisions of [4

CSR 150-3.160] 20 CSR 2150-3.160.

Page 225 January 16, 2008

Vol. 33, No. 2 Missouri Register
AUTHORITY: sections 334.125 and 334.675, RSMo 2000 and

334.660[, 334.670, and RSMo Supp. 1997] and 334.655,

RSMo Supp. 2007. This rule originally filed as 4 CSR 150-3.180.

Original rule filed Sept. 4, 1997, effective March 30, 1998.

Amended: Filed Sept. 10, 1998, effective March 30, 1999. Moved to

20 CSR 2150-3.180, effective Aug. 28, 2006. Amended: Filed Dec.

14, 2007.

PUBLIC COST: This proposed amendment will not cost state agencies or political subdivisions more than five hundred dollars ($500)

in the aggregate.

PRIVATE COST: This proposed amendment will not cost private entities more than five hundred dollars ($500) in the aggregate.

NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in

support of or in opposition to this proposed amendment with the

Missouri Board of Registration for the Healing Arts, Tina Steinman,

Executive Director, PO Box 4, Jefferson City, MO 65102, by faxing

(573) 751-3166 or by emailing healingarts@pr.mo.gov. To be considered, comments must be received within thirty (30) days after publication of this notice in the Missouri Register. No public hearing is

scheduled.

Title 20—DEPARTMENT OF INSURANCE, 

FINANCIAL INSTITUTIONS AND PROFESSIONAL

REGISTRATION

Division 2150—State Board of Registration for the 

Healing Arts

Chapter 3—Licensing of Physical Therapists and 

Physical Therapist Assistants

PROPOSED AMENDMENT

20 CSR 2150-3.201 Continuing Education Requirements. The

board is proposing to amend sections (1) through (3).

PURPOSE: Pursuant to Executive Order 06-04 the Division of

Professional Registration was transferred from the Department of

Economic Development, Title 4, to the Department of Insurance,

Financial Institutions and Professional Registration, Title 20.

Therefore, references to 4 CSR 150 are being amended throughout

the rule.

(1) All licensed physical therapists and physical therapist assistants

shall biennially, on even-numbered years, complete and report at

least thirty (30) hours of acceptable continuing education as specified

in rule [4 CSR 150-3.203] 20 CSR 2150-3.203. The renewal of

a license which has lapsed shall not be issued unless and until the

licensee submits documentation confirming completion of all continuing education hours as would have been necessary and applicable

during the period the license was not current. The continuing education hours must qualify as acceptable continuing education activity as

specified in rule [4 CSR 150-3.203] 20 CSR 2150-3.203.

(2) The period for completion of the continuing education requirements shall be the twenty-four (24)-month period beginning January

1 and ending December 31 of each reporting period. Continuing education hours can not be carried over into another or the next reporting period. A licensee who fails to obtain and report, in a timely

fashion, the required thirty (30) hours of continuing education shall

not engage in practice as a physical therapist and/or physical therapist assistant unless an extension is requested and granted pursuant

to [4 CSR 150-3.202] 20 CSR 2150-3.202.

(3) All licensees shall certify by [signature] attestation, on the

licensure registration renewal form, under oath and penalty of perjury, that the licensee completed the required thirty (30) hours of

continuing education, and that the continuing education obtained

meets the acceptable continuing education criteria specified in [4

CSR 150-3.203] 20 CSR 2150-3.203.

AUTHORITY: sections 334.125, 334.507 and 334.650, RSMo

[Supp. 1998] 2000, and 334.100 and 334.610, RSMo Supp. 2007.

This rule originally filed as 4 CSR 150-3.201. Original rule filed

May 14, 1999, effective Dec. 30, 1999. Moved to 20 CSR 2150-

3.201, effective Aug. 28, 2006. Amended: Filed Dec. 14, 2007.

PUBLIC COST: This proposed amendment will not cost state agencies or political subdivisions more than five hundred dollars ($500)

in the aggregate.

PRIVATE COST: This proposed amendment will not cost private entities more than five hundred dollars ($500) in the aggregate.

NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in

support of or in opposition to this proposed amendment with the

Missouri Board of Registration for the Healing Arts, Tina Steinman,

Executive Director, PO Box 4, Jefferson City, MO 65102, by faxing

(573) 751-3166 or by emailing healingarts@pr.mo.gov. To be considered, comments must be received within thirty (30) days after publication of this notice in the Missouri Register. No public hearing is

scheduled.

Title 20—DEPARTMENT OF INSURANCE, 

FINANCIAL INSTITUTIONS AND PROFESSIONAL

REGISTRATION

Division 2150—State Board of Registration for the 

Healing Arts

Chapter 3—Licensing of Physical Therapists and 

Physical Therapist Assistants

PROPOSED AMENDMENT

20 CSR 2150-3.202 Continuing Education Extensions. The board

is proposing to amend section (1).

PURPOSE: Pursuant to Executive Order 06-04 the Division of

Professional Registration was transferred from the Department of

Economic Development, Title 4, to the Department of Insurance,

Financial Institutions and Professional Registration, Title 20.

Therefore, references to 4 CSR 150 are being amended throughout

the rule. This amendment also clarifies continuing education requirements for licensees actively enrolled in the military. This amendment

also makes a gender correction.

(1) A licensee who cannot complete the required thirty (30) hours of

continuing education due to personal illness[, military service] or

other circumstances beyond the licensee’s control which the board

and advisory commission deem sufficient to impose an insurmountable hardship to such an extent as to prevent or preclude the licensee

from obtaining continuing education hours, may apply for an extension of time to complete the continuing education requirements specified in section 345.507, RSMo. Requests for an extension of time to

complete the continuing education requirements will be granted solely in the discretion of the board with recommendation from the advisory commission for physical therapists. Licensees requesting an

extension of time to complete the required continuing education

hours shall submit a statement requesting such extension prior to the

December 31 deadline for completion. Requests for an extension of

time to complete the continuing education requirement shall be

accompanied with the processing fee specified in rule [4 CSR 150-

3.080] 20 CSR 2150-3.080. All licensees shall further provide sufficient documentation and justification for such request from the

Page 226 Proposed Rules

January 16, 2008

Vol. 33, No. 2
appropriate source(s) supporting the reason(s), which prevented the

licensee from completing the required continuing education hours. A

licensee who requests an extension of time to complete the required

thirty (30) hours of continuing education hours shall not engage in

active practice as a physical therapist and/or physical therapist assistant until the licensee receives written authorization from the board

approving the extension request and specifically authorizing the

licensee to continue practicing in the interim.

(A) [Military service extensions may be granted to a

licensee who is or was absent from the United States for at

least a majority of the reporting period due to the fulfillment

of a military service commitment under combat circumstances or pursuant to a state of national emergency. At a

minimum, the licensee must have written documentation

submitted to the board from the appropriate military authorities verifying the military service commitment, the

dates/periods during which the commitment was being fulfilled and specifying if such service was due to combat or

national emergency. The licensee shall further submit written correspondence to the board specifying and documenting the number of continuing education hours the licensee

earned during the reporting period and the licensee’s plan

for completing the balance of the required continuing education hours.] Licensees in the military will be granted an

extension of time to complete the continuing education requirements if they are called to active duty under competent orders for

any period of thirty (30) days or more during the reporting period in accordance with section 41.950(10), RSMo. If the licensee

is called to active duty for a majority of the reporting period,

they will be exempt from obtaining continuing education. The

licensee must submit written documentation from the appropriate military authorities verifying the licensee’s military service

commitment. 

(B) Illness extensions may be granted only to a licensee who has

or is suffering from a personal illness and/or personal disability of a

nature which prevents or prevented the licensee from engaging in

active practice as a physical therapist and/or physical therapist assistant for at least a majority of the reporting period. At a minimum,

the licensee shall instruct [his/her] their treating physician(s) to provide written documentation to the board specifying the nature of the

illness or disability, the duration of the illness and/or disability and

any limitations on the licensee’s activities which resulted or will

result from this illness and/or disability. The licensee shall also submit written documentation and evidence as to the number of continuing education hours earned during the reporting period as well as

the licensee’s plan for completing the balance of the required continuing education hours.

AUTHORITY: sections 334.125 and 334.507, RSMo [Supp. 1998]

2000 and 41.950 and 334.100, RSMo Supp. 2007. This rule originally filed as 4 CSR 150-3.202. Original rule filed May 14, 1999,

effective Dec. 30, 1999. Moved to 20 CSR 2150-3.202, effective Aug.

28, 2006. Amended: Filed Dec. 14, 2007.

PUBLIC COST: This proposed amendment will not cost state agencies or political subdivisions more than five hundred dollars ($500)

in the aggregate.

PRIVATE COST: This proposed amendment will not cost private entities more than five hundred dollars ($500) in the aggregate.

NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in

support of or in opposition to this proposed amendment with the

Missouri Board of Registration for the Healing Arts, Tina Steinman,

Executive Director, PO Box 4, Jefferson City, MO 65102, by faxing

(573) 751-3166 or by emailing healingarts@pr.mo.gov. To be considered, comments must be received within thirty (30) days after publication of this notice in the Missouri Register. No public hearing is

scheduled.

Title 20—DEPARTMENT OF INSURANCE, 

FINANCIAL INSTITUTIONS AND PROFESSIONAL

REGISTRATION

Division 2150—State Board of Registration for the 

Healing Arts

Chapter 4—Licensing of Speech-Language Pathologists

and Audiologists

PROPOSED AMENDMENT

20 CSR 2150-4.030 Reexamination. The board is proposing to

amend section (1).

PURPOSE: Pursuant to Executive Order 06-04 the Division of

Professional Registration was transferred from the Department of

Economic Development, Title 4, to the Department of Insurance,

Financial Institutions and Professional Registration, Title 20.

Therefore, references to 4 CSR 150 are being amended throughout

the rule.

(1) A candidate whose license has lapsed for more than three (3)

years, pursuant to section 345.055(1), RSMo, must submit a new

application [(see 4 CSR 150-4.010) pursuant to 4 CSR 150-

4.010 and 4 CSR 150-4.020] (see 20 CSR 2150-4.010) pursuant to 20 CSR 2150-4.010 and 20 CSR 2150-4.020. The board

may require such applicants to be reexamined pursuant to section

345.055(1), RSMo.

AUTHORITY: sections 345.030, 345.050 and 345.055, RSMo Supp.

[1998] 2007. This rule originally filed as 4 CSR 150-4.030.

Original rule filed July 1, 1988, effective Oct. 27, 1988. Amended:

Filed Nov. 16, 1998, effective July 30, 1999. Moved to 20 CSR 2150-

4.030, effective Aug. 28, 2006. Amended: Filed Dec. 14, 2007.

PUBLIC COST: This proposed amendment will not cost state agencies or political subdivisions more than five hundred dollars ($500)

in the aggregate.

PRIVATE COST: This proposed amendment will not cost private entities more than five hundred dollars ($500) in the aggregate.

NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in

support of or in opposition to this proposed amendment with the

Missouri Board of Healing Arts, Tina Steinman, Executive Director,

PO Box 4, Jefferson City, MO 65102, by faxing (573) 751-3166 or by

emailing healingarts@pr.mo.gov. To be considered, comments must

be received within thirty (30) days after publication of this notice in

the Missouri Register. No public hearing is scheduled.

Title 20—DEPARTMENT OF INSURANCE, 

FINANCIAL INSTITUTIONS AND PROFESSIONAL

REGISTRATION

Division 2150—State Board of Registration for the 

Healing Arts

Chapter 4—Licensing of Speech-Language Pathologists

and Audiologists

PROPOSED AMENDMENT

20 CSR 2150-4.040 Internationally Trained Applicants. The

board is proposing to amend section (1).

Page 227 January 16, 2008

Vol. 33, No. 2 Missouri Register
PURPOSE: Pursuant to Executive Order 06-04 the Division of

Professional Registration was transferred from the Department of

Economic Development, Title 4, to the Department of Insurance,

Financial Institutions and Professional Registration, Title 20.

Therefore, references to 4 CSR 150 are being amended throughout

the rule.

(1) All internationally trained applicants applying for a license to

practice shall complete the requirements specified in rules [4 CSR

150-4.010 and 4 CSR 150-4.020] 20 CSR 2150-4.010 and 20

CSR 2150-4.020 and submit the nonrefundable application fee.

AUTHORITY: sections 345.020, RSMo 2000 and 345.050, RSMo

[2000] Supp. 2007. This rule originally filed as 4 CSR 150-4.040.

Original rule filed July 1, 1988, effective Oct. 27, 1988. Amended:

Filed Nov. 16, 1998, effective July 30, 1999. Amended: Filed April

15, 2004, effective Oct. 30, 2004. Moved to 20 CSR 2150-4.040,

effective Aug. 28, 2006. Amended: Filed Dec. 14, 2007.

PUBLIC COST: This proposed amendment will not cost state agencies or political subdivisions more than five hundred dollars ($500)

in the aggregate.

PRIVATE COST: This proposed amendment will not cost private entities more than five hundred dollars ($500) in the aggregate.

NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in

support of or in opposition to this proposed amendment with the

Missouri Board of Healing Arts, Tina Steinman, Executive Director,

PO Box 4, Jefferson City, MO 65102, by faxing (573) 751-3166 or by

emailing healingarts@pr.mo.gov. To be considered, comments must

be received within thirty (30) days after publication of this notice in

the Missouri Register. No public hearing is scheduled.

Title 20—DEPARTMENT OF INSURANCE, 

FINANCIAL INSTITUTIONS AND PROFESSIONAL

REGISTRATION

Division 2150—State Board of Registration for the 

Healing Arts

Chapter 4—Licensing of Speech-Language Pathologists

and Audiologists

PROPOSED AMENDMENT

20 CSR 2150-4.054 Continuing Education Extensions. The board

is proposing to amend section (1).

PURPOSE: Pursuant to Executive Order 06-04 the Division of

Professional Registration was transferred from the Department of

Economic Development, Title 4, to the Department of Insurance,

Financial Institutions and Professional Registration, Title 20.

Therefore, references to 4 CSR 150 are being amended throughout

the rule.

(1) A licensee who cannot complete the required hours of continuing

education because of personal illness, military service or other circumstances beyond the licensee’s control which the board deems to

be sufficient to impose an insurmountable hardship may apply for an

extension of time to complete the continuing education requirements.

Any extension of time to complete the continuing education requirements will be granted solely in the discretion of the board. The

licensee must make a written application for extension of time prior

to the December 31 deadline for completion of the continuing education requirement. The application for extension shall be accompanied by a processing fee as specified in rule [4 CSR 150-4.060]

20 CSR 2150-4.060, together with the application for extension. The

licensee shall provide full and complete written documentation of the

grounds supporting the reasons for which an extension is sought. A

licensee who requests an extension of time to complete the required

hours of continuing education shall not engage in active practice of

speech-language pathology and/or audiology until the board grants

the licensee’s request for extension and the licensee receives express

written authorization to do so.

AUTHORITY: sections 345.030 RSMo Supp. 2007 and 345.051 and

345.075, RSMo [Supp. 1998] 2000. This rule originally filed as 4

CSR 150-4.054. Original rule filed Nov. 17, 1997, effective June 30,

1998. Amended: Filed Nov. 16, 1998, effective July 30, 1999. Moved

to 20 CSR 2150-4.054, effective Aug. 28, 2006. Amended: Filed Dec.

14, 2007.

PUBLIC COST: This proposed amendment will not cost state agencies or political subdivisions more than five hundred dollars ($500)

in the aggregate.

PRIVATE COST: This proposed amendment will not cost private entities more than five hundred dollars ($500) in the aggregate.

NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in

support of or in opposition to this proposed amendment with the

Missouri Board of Healing Arts, Tina Steinman, Executive Director,

PO Box 4, Jefferson City, MO 65102, by faxing (573) 751-3166 or by

emailing healingarts@pr.mo.gov. To be considered, comments must

be received within thirty (30) days after publication of this notice in

the Missouri Register. No public hearing is scheduled.

Title 20—DEPARTMENT OF INSURANCE, 

FINANCIAL INSTITUTIONS AND PROFESSIONAL

REGISTRATION

Division 2150—State Board of Registration for the 

Healing Arts

Chapter 4—Licensing of Speech-Language Pathologists

and Audiologists

PROPOSED AMENDMENT

20 CSR 2150-4.110 Supervision Requirements. The board is

proposing to amend subsection (3)(A).

PURPOSE: Pursuant to Executive Order 06-04 the Division of

Professional Registration was transferred from the Department of

Economic Development, Title 4, to the Department of Insurance,

Financial Institutions and Professional Registration, Title 20.

Therefore, references to 4 CSR 150 are being amended throughout

the rule.

(3) The supervising speech-language pathologist and/or audiologist

is responsible for all of the aide’s activities.

(A) It is the responsibility of the supervising speech-language

pathologist or supervising audiologist (respective of aide’s registration) to protect the interests of all patients and/or clients at all times

during which the aide is practicing and/or interacting with patients

and/or clients; this responsibility includes the supervisor’s and the

aide’s compliance with the ethical standards of practice as specified

in rule [4 CSR 150-4.080] 20 CSR 2150-4.080.

AUTHORITY: sections 345.015 and 345.030, RSMo Supp. [1999]

2007. This rule originally filed as 4 CSR 150-4.110. Original rule

filed April 2, 1992, effective Dec. 3, 1992. Rescinded and readopted: Filed July 25, 2000, effective Dec. 30, 2000. Moved to 20 CSR

2150-4.110, effective Aug. 28, 2006. Amended: Filed Dec. 14, 2007.

Page 228 Proposed Rules

January 16, 2008

Vol. 33, No. 2
PUBLIC COST: This proposed amendment will not cost state agencies or political subdivisions more than five hundred dollars ($500)

in the aggregate.

PRIVATE COST: This proposed amendment will not cost private entities more than five hundred dollars ($500) in the aggregate.

NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in

support of or in opposition to this proposed amendment with the

Missouri Board of Healing Arts, Tina Steinman, Executive Director,

PO Box 4, Jefferson City, MO 65102, by faxing (573) 751-3166 or by

emailing healingarts@pr.mo.gov. To be considered, comments must

be received within thirty (30) days after publication of this notice in

the Missouri Register. No public hearing is scheduled.

Title 20—DEPARTMENT OF INSURANCE, 

FINANCIAL INSTITUTIONS AND PROFESSIONAL

REGISTRATION

Division 2150—State Board of Registration for the 

Healing Arts

Chapter 4—Licensing of Speech-Language Pathologists

and Audiologists

PROPOSED AMENDMENT

20 CSR 2150-4.201 Supervision Requirements. The board is

proposing to amend section (3).

PURPOSE: Pursuant to Executive Order 06-04 the Division of

Professional Registration was transferred from the Department of

Economic Development, Title 4, to the Department of Insurance,

Financial Institutions and Professional Registration, Title 20.

Therefore, references to 4 CSR 150 are being amended throughout

the rule.

(3) The supervising speech-language pathologist has the responsibility of ensuring and protecting the interests of all patients and/or

clients at all times during which the assistant is practicing and/or

interacting with patients and/or clients; this responsibility includes

the supervisor’s and the assistant’s compliance with the ethical standards of practice as specified in rule [4 CSR 150-4.080] 20 CSR

2150-4.080.

AUTHORITY: sections 345.015, 345.022 and 345.030, RSMo Supp.

[1999] 2007. This rule originally filed as 4 CSR 150-4.201.

Original rule filed July 31, 2000, effective Feb. 28, 2001. Moved to

20 CSR 2150-4.201, effective Aug. 28, 2006. Amended: Filed Dec.

14, 2007.

PUBLIC COST: This proposed amendment will not cost state agencies or political subdivisions more than five hundred dollars ($500)

in the aggregate.

PRIVATE COST: This proposed amendment will not cost private entities more than five hundred dollars ($500) in the aggregate.

NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in

support of or in opposition to this proposed amendment with the

Missouri Board of Healing Arts, Tina Steinman, Executive Director,

PO Box 4, Jefferson City, MO 65102, by faxing (573) 751-3166 or by

emailing healingarts@pr.mo.gov. To be considered, comments must

be received within thirty (30) days after publication of this notice in

the Missouri Register. No public hearing is scheduled.

Title 20—DEPARTMENT OF INSURANCE, 

FINANCIAL INSTITUTIONS AND PROFESSIONAL

REGISTRATION

Division 2150—State Board of Registration for the 

Healing Arts

Chapter 5—General Rules

PROPOSED AMENDMENT

20 CSR 2150-5.100 Collaborative Practice. The board is proposing

to amend subsections (2)(C) and (D) and (4)(G).

PURPOSE: Pursuant to Executive Order 06-04 the Division of

Professional Registration was transferred from the Department of

Economic Development, Title 4, to the Department of Insurance,

Financial Institutions and Professional Registration, Title 20.

Therefore, references to 4 CSR 150 are being amended throughout

the rule. This amendment also corrects the name of the board to

make it consistent throughout the rules.

(2) Geographic Areas.

(C) An advanced practice nurse who desires to enter into a collaborative practice arrangement to provide health care services that

include the diagnosis and treatment of acutely or chronically ill or

injured persons at a location where the collaborating physician is not

continuously present shall practice at the same location with the collaborating physician for a period of at least one (1) calendar month

before the collaborating advanced practice nurse practices at a location where the collaborating physician is not present. The provision

of the above specified health care services pursuant to a collaborative

practice arrangement shall be limited to only an advanced practice

nurse. This provision applies to all collaborative practice arrangements between a physician and an advanced practice nurse unless a

waiver is obtained as provided in [4 CSR 150-5.100] 20 CSR

2150-5.100(2)(D).

(D) If an advanced practice nurse has been continuously providing

health care services pursuant to a collaborative practice arrangement

with the same physician for at least one (1) year and the collaborating physician terminates the collaborative practice arrangement with

less than thirty (30) days notice for reasons unrelated to the advanced

practice nurse, [4 CSR 150-5.100] 20 CSR 2150-5.100(2)(C) may

be waived by the board of nursing and the board of healing arts if the

requirement for one (1) calendar month same-site collaboration

would result in health care services at the location where the

advanced practice nurse practices being discontinued or reduced.

The request for the waiver with supporting documentation shall be

submitted to the board of nursing or the board of healing arts by the

advanced practice nurse or the collaborating physician and shall

specify all information necessary for the board of nursing and the

board of healing arts to evaluate the request including, but not limited to, the date and reasons for the termination of the collaborative

practice arrangement, number of patients affected and plan for a new

collaborative practice arrangement.

(4) Review of Services.

(G) The [Missouri] State Board of Registration for the Healing

Arts and the [Missouri] State Board of Nursing separately retain the

right and duty to discipline their respective licensees for violations of

any state or federal statutes, rules, or regulations regardless of the

licensee’s participation in a collaborative practice arrangement.

AUTHORITY: sections 334.104.3, [RSMo Supp. 2002,] and

335.036, RSMo [2000] Supp. 2007 and 334.125, RSMo 2000. This

rule originally filed as 4 CSR 150-5.100. Original rule filed Jan. 29,

1996, effective Sept. 30, 1996. Amended: Filed April 1, 1998, effective Oct. 30, 1998. Amended: Filed Oct. 30, 2002, effective June 30,

2003. Moved to 20 CSR 2150-5.100, effective Aug. 28, 2006.

Amended: Filed Dec. 14, 2007.

Page 229 January 16, 2008

Vol. 33, No. 2 Missouri Register
PUBLIC COST: This proposed amendment will not cost state agencies or political subdivisions more than five hundred dollars ($500)

in the aggregate.

PRIVATE COST: This proposed amendment will not cost private entities more than five hundred dollars ($500) in the aggregate.

NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in

support of or in opposition to this proposed amendment with the

Missouri Board of Registration for the Healing Arts, Tina Steinman,

Executive Director, PO Box 4, Jefferson City, MO 65102, by faxing

(573) 751-3166 or by emailing healingarts@pr.mo.gov. To be considered, comments must be received within thirty (30) days after publication of this notice in the Missouri Register. No public hearing is

scheduled.

Title 20—DEPARTMENT OF INSURANCE, 

FINANCIAL INSTITUTIONS AND PROFESSIONAL

REGISTRATION

Division 2150—State Board of Registration for the 

Healing Arts

Chapter 6—Licensure of Athletic Trainers

PROPOSED AMENDMENT

20 CSR 2150-6.050 Fees. The board is proposing to delete subsection (1)(A) and renumber the subsections thereafter.

PURPOSE: Since the board no longer administers the examination,

this amendment deletes the licensure with examination fee.

(1) The following fees are established by the State Board of

Registration for the Healing Arts:

[(A) Licensure With Examination Fee $150.00]

[(B)] (A) Licensure Fee $100.00

[(C)] (B) Renewal Fee $ 50.00

[(D)] (C) Reinstatement Fee $ 10.00

[(E)] (D) Endorsement Fee $ 25.00

[(F)] (E) Returned Check Fee $ 25.00

AUTHORITY: sections 334.125, RSMo 2000 and 334.706.3(2),

RSMo Supp. [2004] 2007. This rule originally filed as 4 CSR 150-

6.050. Emergency rule filed April 5, 1985, effective April 15, 1985,

expired Aug. 13, 1985. Original rule filed May 3, 1985, effective

Aug. 15, 1985. For intervening history, please consult the Code of

State Regulation. Amended: Filed Dec. 5, 2007.

PUBLIC COST: This proposed amendment will not cost state agencies or political subdivisions more than five hundred dollars ($500)

in the aggregate.

PRIVATE COST: This proposed amendment will not cost private entities more than five hundred dollars ($500) in the aggregate.

NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in

support of or in opposition to this proposed amendment with the

Missouri State Board of Healing Arts, Attn: Tina Steinman, Executive

Director, 3605 Missouri Boulevard, PO Box 4, Jefferson City,

Missouri 65102. To be considered, comments must be received within thirty (30) days after publication of this notice in the Missouri

Register. No public hearing is scheduled.

Title 20—DEPARTMENT OF INSURANCE, 

FINANCIAL INSTITUTIONS AND PROFESSIONAL

REGISTRATION

Division 2150—State Board of Registration for the 

Healing Arts

Chapter 6—Licensure of Athletic Trainers

PROPOSED RULE

20 CSR 2150-6.062 Late Registration and Reinstatement

PURPOSE: This rule implements new rules regarding the process for

late registration and reinstatement applications.

(1) Whenever a licensed athletic trainer fails to renew their license

before the license expiration date, their application for renewal of

license shall be denied unless it is accompanied by all fees required

by statute and rule together with the renewal form provided by the

board and made under oath. The renewal form shall include:

(A) All addresses where they have practiced and resided since the

expiration of their last period of licensure;

(B) The nature of their practice since expiration; 

(C) Whether, since expiration, any registration or license, or right

of theirs to practice in any other state or country has been suspended or revoked; 

(D) Whether they have been the subject of any disciplinary action

by any licensing agency of any state or country or by any professional

organization or society; 

(E) Whether they have been charged or convicted of any crime in

any court of any state or country; 

(F) Whether they have been addicted to a drug habit or have been

guilty of any unprofessional or dishonorable conduct as defined by

section 334.100, RSMo; and 

(G) All details pertaining to all those occurrences outlined in subsections (1)(C) through (1)(F). 

(2) All applicants must provide, on the application form, a recent

unmounted photograph, in size no larger than three and one-half

inches by five inches (3 1/2" × 5").

(3) All applications shall be sent to the Missouri State Board of

Registration for the Healing Arts, PO Box 4, Jefferson City, MO

65102.

(4) All applicants shall submit the renewal fee along with the reinstatement fee established by the board. This fee shall be drawn on a

United States bank made payable to the State Board of Registration

for the Healing Arts.

(5) All applicants shall have verification of licensure, registration

and/or certification submitted from every state and/or country in

which the applicants have ever held privileges to practice. This verification must be submitted directly from the licensing agency and

include the type of license, registration or certification, the issue and

expiration date, and information concerning any disciplinary or

investigative actions.

(6) All applicants shall be actively certified with the National

Athletic Trainers’ Association.

(7) Applicants whose license has been revoked, suspended or inactive for more than two (2) years shall submit any other documentation requested by the board necessary to verify that the licensee is

competent to practice and is knowledgeable of current athletic training techniques, procedures and treatments, as evidenced by continuing education hours, re-examination, or other applicable documentation acceptable and approved by the board pursuant to the provisions

of section 334.100.6, RSMo.

Page 230 Proposed Rules

January 16, 2008

Vol. 33, No. 2
(8) The board may require an applicant to make a personal appearance before the board and/or committee prior to rendering a final

decision regarding license renewal/reinstatement.

(9) An applicant may withdraw their application for license anytime

prior to the board’s vote on the applicant’s candidacy for license

renewal/reinstatement.

AUTHORITY: sections 334.125, RSMo 2000 and 334.706.3(2),

RSMo Supp. 2007. Original rule filed Dec. 5, 2007.

PUBLIC COST: This proposed rule will cost state agencies or political subdivisions approximately eighteen dollars and ninety-five cents

($18.95) annually for the life of the rule. It is anticipated that the

costs will recur for the life of the rule, may vary with inflation and

are expected to increase at the rate projected by the Legislative

Oversight Committee.

PRIVATE COST: This proposed rule will cost private entities approximately two hundred twenty-nine dollars and sixty-four cents

($229.64) annually for the life of the rule. It is anticipated that the

costs will recur for the life of the rule, may vary with inflation and

are expected to increase at the rate projected by the Legislative

Oversight Committee.

NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in

support of or in opposition to this proposed rule with the Missouri

State Board of Healing Arts, Attn: Tina Steinman, Executive

Director, 3605 Missouri Boulevard, PO Box 4, Jefferson City,

Missouri 65102. To be considered, comments must be received within thirty (30) days after publication of this notice in the Missouri

Register. No public hearing is scheduled.

Page 231 January 16, 2008

Vol. 33, No. 2 Missouri Register
January 16, 2008 Page 232 Proposed Rules Vol. 33, No. 2
Page 233 January 16, 2008

Vol. 33, No. 2 Missouri Register
January 16, 2008 Page 234 Proposed Rules Vol. 33, No. 2
Title 20—DEPARTMENT OF INSURANCE, 

FINANCIAL INSTITUTIONS AND PROFESSIONAL

REGISTRATION

Division 2150—State Board of Registration for the 

Healing Arts

Chapter 6—Licensure of Athletic Trainers

PROPOSED RULE

20 CSR 2150-6.066 Reinstatement of an Inactive License

PURPOSE: This rule provides the requirements athletic trainers must

follow to request reinstatement of a license that has been inactive

pursuant to SB 1182 of the 91st General Assembly (2002).

(1) All applicants shall make application for reinstatement of an inactive license upon a form prepared by the board.

(2) No application will be considered unless fully and completely

made out on the specified form and properly attested.

(3) All applicants must provide, on the application form, a recent

unmounted photograph, in size no larger than three and one-half

inches by five inches (3 1/2" × 5").

(4) All applications shall be sent to the Missouri State Board of

Registration for the Healing Arts, PO Box 4, Jefferson City, MO

65102.

(5) All applicants for reinstatement of an inactive license must submit the licensure fee as specified in 20 CSR 2150-6.050. The fee

shall be drawn on a United States bank made payable to the Missouri

Board of Healing Arts.

(6) No application will be processed prior to the submission of the

required fee in the appropriate form.

(7) All applicants must submit an activity statement documenting all

employment, professional and nonprofessional activities since the

date the license was placed on inactive status.

(8) All applicants shall have licensure, registration, or certification

verification submitted from every state and country in which they

have ever held privileges to practice as an athletic trainer. This verification must be submitted directly from the licensing agency and

include the type of license, registration, or certification, the issue

and expiration date, and information concerning any disciplinary or

investigative actions.

(9) An applicant for reinstatement of an inactive license who has not

actively practiced as an athletic trainer in another state or country

throughout the period their Missouri license was inactive, shall submit upon request any documentation requested by the board necessary to verify that the applicant is competent to practice in Missouri.

Such documentation may include continuing education, additional

training, or applicable documentation acceptable to the board. If an

applicant under this section has been in inactive status for more than

five (5) years, the board may require the applicant to successfully

complete reexamination prior to reinstatement.

AUTHORITY: sections 334.125, RSMo 2000 and 334.706 and

334.710, RSMo Supp. 2007. Original rule filed Dec. 5, 2007.

PUBLIC COST: This proposed rule will cost state agencies or political subdivisions approximately nine dollars and forty-eight cents

($9.48) annually for the life of the rule. It is anticipated that the costs

will recur for the life of the rule, may vary with inflation and are

expected to increase at the rate projected by the Legislative Oversight

Committee.

PRIVATE COST: This proposed rule will cost private entities approximately one hundred fourteen dollars and eighty-two cents ($114.82)

annually for the life of the rule. It is anticipated that the costs will

recur for the life of the rule, may vary with inflation and are expected to increase at the rate projected by the Legislative Oversight

Committee.

NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in

support of or in opposition to this proposed rule with the Missouri

State Board of Healing Arts, Attn: Tina Steinman, Executive

Director, 3605 Missouri Boulevard, PO Box 4, Jefferson City,

Missouri 65102. To be considered, comments must be received within thirty (30) days after publication of this notice in the Missouri

Register. No public hearing is scheduled.

Page 235 January 16, 2008

Vol. 33, No. 2 Missouri Register
January 16, 2008 Page 236 Proposed Rules Vol. 33, No. 2
Page 237 January 16, 2008

Vol. 33, No. 2 Missouri Register
January 16, 2008 Page 238 Proposed Rules Vol. 33, No. 2
Title 20—DEPARTMENT OF INSURANCE, 

FINANCIAL INSTITUTIONS AND PROFESSIONAL

REGISTRATION

Division 2150—State Board of Registration for the 

Healing Arts

Chapter 7—Licensing of Physician Assistants

PROPOSED AMENDMENT

20 CSR 2150-7.122 Supervision, Name and Address Change

Requirements, Retirement Affidavits. The board is proposing to

amend section (4).

PURPOSE: Pursuant to Executive Order 06-04 the Division of

Professional Registration was transferred from the Department of

Economic Development, Title 4, to the Department of Insurance,

Financial Institutions and Professional Registration, Title 20.

Therefore, references to 4 CSR 150 are being amended throughout

the rule.

(4) Licensed physician assistants who retire from practice as a physician assistant shall file an affidavit, on a form furnished by the board,

stating the date of retirement. The licensee shall submit any other

documentation requested by the board to verify retirement. Licensees

who reengage in practice as a physician assistant after submitting an

affidavit of retirement shall reapply for licensure as required in sections 334.735 and 334.738, RSMo and pursuant to the provisions of

rule [4 CSR 150-7.125] 20 CSR 2150-7.125.

AUTHORITY: sections 334.125, 334.738 and 334.743, RSMo

[Supp. 1999] 2000 and 334.735, RSMo Supp. 2007. This rule

originally filed as 4 CSR 150-7.122. Original rule filed Jan. 3, 1997,

effective July 30, 1997. Amended: Filed July 25, 2000, effective Dec.

30, 2000. Moved to 20 CSR 2150-7.122, effective Aug. 28, 2006.

Amended: Filed Dec. 14, 2007.

PUBLIC COST: This proposed amendment will not cost state agencies or political subdivisions more than five hundred dollars ($500)

in the aggregate.

PRIVATE COST: This proposed amendment will not cost private entities more than five hundred dollars ($500) in the aggregate.

NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in

support of or in opposition to this proposed amendment with the

Missouri Board of Registration for the Healing Arts, Tina Steinman,

Executive Director, PO Box 4, Jefferson City, MO 65102, by faxing

(573) 751-3166 or by emailing healingarts@pr.mo.gov. To be considered, comments must be received within thirty (30) days after publication of this notice in the Missouri Register. No public hearing is

scheduled.

Title 20—DEPARTMENT OF INSURANCE, 

FINANCIAL INSTITUTIONS AND PROFESSIONAL

REGISTRATION

Division 2150—State Board of Registration for the 

Healing Arts

Chapter 7—Licensing of Physician Assistants

PROPOSED AMENDMENT

20 CSR 2150-7.300 Applicants for Temporary Licensure. The

board is proposing to amend sections (4), (14), (15), and (16).

PURPOSE: Pursuant to Executive Order 06-04 the Division of

Professional Registration was transferred from the Department of

Economic Development, Title 4, to the Department of Insurance,

Financial Institutions and Professional Registration, Title 20.

Therefore, references to 4 CSR 150 are being amended throughout

the rule. This amendment also corrects grammatical errors. This

amendment also deletes obsolete information.

(4) The fee for temporary licensure shall be an appropriate fee, to be

established by the board. The fee shall be sent in the form of a

cashier’s check or money order drawn on a United States bank or

firm; payable to the State Board of Registration for the Healing Arts.

[Personal and/or corporate checks will not be accepted.] No

application will be processed until the licensure fee is received.

(14) The temporary license shall automatically terminate if the temporary licensee fails the examination or does not sit for the examination as scheduled. The temporary licensee may apply for temporary

licensure renewal pursuant to rule [4 CSR 150-7.310] 20 CSR

2150-7.310.

(15) Temporary licensees may be issued permanent licensure upon

successful passage of the National Commission on Certification of

Physician Assistants Examination as determined by the National

Commission on Certification of Physician Assistants;

submission/completion of all the requirements specified in rule [4

CSR 150-7.100] 20 CSR 2150-7.100, an updated activities statement, the application form and application fee.

(16) When an applicant has filed his/her application and the appropriate fee for temporary licensure, and the applicant is denied by the

board pursuant to the provisions of section 334.100, RSMo and/or

rule [4 CSR 150-7.140] 20 CSR 2150-7.140, or is subsequently

withdrawn by the applicant, the fee will be retained by the board pursuant to the provisions of rule [4 CSR 150-7.200] 20 CSR 2150-

7.200.

AUTHORITY: sections 334.125, 334.736, 334.738, 334.742,

334.743[,] and 334.745, RSMo 2000, and 334.100, 334.735 and

334.749, RSMo Supp. [1999] 2007. This rule originally filed as 4

CSR 150-7.300. Original rule filed July 25, 2000, effective Dec. 30,

2000. Moved to 20 CSR 2150-7.300, effective Aug. 28, 2006.

Amended: Filed Dec. 14, 2007.

PUBLIC COST: This proposed amendment will not cost state agencies or political subdivisions more than five hundred dollars ($500)

in the aggregate.

PRIVATE COST: This proposed amendment will not cost private entities more than five hundred dollars ($500) in the aggregate.

NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in

support of or in opposition to this proposed amendment with the

Missouri Board of Registration for the Healing Arts, Tina Steinman,

Executive Director, PO Box 4, Jefferson City, MO 65102, by faxing

(573) 751-3166 or by emailing healingarts@pr.mo.gov. To be considered, comments must be received within thirty (30) days after publication of this notice in the Missouri Register. No public hearing is

scheduled.

Title 20—DEPARTMENT OF INSURANCE, 

FINANCIAL INSTITUTIONS AND PROFESSIONAL

REGISTRATION

Division 2150—State Board of Registration for the 

Healing Arts

Chapter 7—Licensing of Physician Assistants

PROPOSED AMENDMENT

Page 239 January 16, 2008

Vol. 33, No. 2 Missouri Register
20 CSR 2150-7.310 Applicants for Temporary Licensure

Renewal. The board is proposing to amend sections (5), (13) and

(14).

PURPOSE: Pursuant to Executive Order 06-04 the Division of

Professional Registration was transferred from the Department of

Economic Development, Title 4, to the Department of Insurance,

Financial Institutions and Professional Registration, Title 20.

Therefore, references to 4 CSR 150 are being amended throughout

the rule. This amendment also deletes obsolete information.

(5) The fee for temporary licensure renewal shall be an appropriate

fee, to be established by the board. The fee shall be sent in the form

of a cashier’s check or money order drawn on a United States bank

and/or firm, payable to the State Board of Registration for the

Healing Arts. [Personal and/or corporate checks will not be

accepted.] No application will be processed until the temporary

licensure renewal fee is received.

(13) Temporary licensees may be issued permanent licensure upon

successful passage of the National Commission on Certification of

Physician Assistants Examination as determined by the

National Commission on Certification of Physician Assistants; submission/completion of all the requirements specified in rule [4 CSR

150-7.100] 20 CSR 2150-7.100, an updated activities statement,

the application form and application fee.

(14) When an applicant has filed his/her application and the appropriate fee for temporary licensure renewal, and the applicant is

deemed to be ineligible or denied by the board pursuant to the provisions of section 334.100, RSMo and/or rule [4 CSR 150-7.140]

20 CSR 2150-7.140, or is subsequently withdrawn by the applicant,

the fee will be retained by the board pursuant to the provisions of rule

[4 CSR 150-7.200] 20 CSR 2150-7.200.

AUTHORITY: sections 334.125, 334.736, 334.738, 334.742,

334.743[,] and 334.745, RSMo 2000 and 334.100, 334.735 and

334.749, RSMo Supp. [1999] 2007. This rule originally filed as 4

CSR 150-7.310. Original rule filed July 25, 2000, effective Dec. 30,

2000. Moved to 20 CSR 2150-7.310, effective Aug. 28, 2006.

Amended: Filed Dec. 14, 2007.

PUBLIC COST: This proposed amendment will not cost state agencies or political subdivisions more than five hundred dollars ($500)

in the aggregate.

PRIVATE COST: This proposed amendment will not cost private entities more than five hundred dollars ($500) in the aggregate.

NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in

support of or in opposition to this proposed amendment with the

Missouri Board of Registration for the Healing Arts, Tina Steinman,

Executive Director, PO Box 4, Jefferson City, MO 65102, by faxing

(573) 751-3166 or by emailing healingarts@pr.mo.gov. To be considered, comments must be received within thirty (30) days after publication of this notice in the Missouri Register. No public hearing is

scheduled.

Title 20—DEPARTMENT OF INSURANCE, 

FINANCIAL INSTITUTIONS AND PROFESSIONAL

REGISTRATION

Division 2150—State Board of Registration for the 

Healing Arts

Chapter 9—Licensing of Anesthesiologist Assistants

PROPOSED AMENDMENT

20 CSR 2150-9.030 Applicants for Licensure. The board is

proposing to amend sections (8) and (11).

PURPOSE: Pursuant to Executive Order 06-04 the Division of

Professional Registration was transferred from the Department of

Economic Development, Title 4, to the Department of Insurance,

Financial Institutions and Professional Registration, Title 20.

Therefore, references to 4 CSR 150 are being amended throughout

the rule. 

(8) Applicants shall submit the licensure application fee as defined in

[4 CSR 150-9.080] 20 CSR 2150-9.080 in the form of a personal check, money order or cashier’s check drawn on a United States

bank and/or firm made payable to the State Board of Registration for

the Healing Arts. 

(11) When an applicant has filed an application and an appropriate

fee and the application is denied by the board or subsequently withdrawn by the applicant, the fee will be retained by the board pursuant

to the provisions of [4 CSR 150-9.080] 20 CSR 2150-9.080 and

section 334.104.1, RSMo. 

AUTHORITY: sections 334.125, RSMo 2000 and 334.400, 334.404,

334.406 and 334.414, RSMo Supp. [2005] 2007. This rule originally filed as 4 CSR 150-9.030. Original rule filed Jan. 17, 2006,

effective Aug. 30, 2006. Moved to 20 CSR 2150-9.030, effective Aug.

28, 2006. Amended: Filed Dec. 14, 2007.

PUBLIC COST: This proposed amendment will not cost state agencies or political subdivisions more than five hundred dollars ($500)

in the aggregate.

PRIVATE COST: This proposed amendment will not cost private entities more than five hundred dollars ($500) in the aggregate.

NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in

support of or in opposition to this proposed amendment with the

Missouri Board of Registration for the Healing Arts, Tina Steinman,

Executive Director, PO Box 4, Jefferson City, MO 65102, by faxing

(573) 751-3166 or by emailing healingarts@pr.mo.gov. To be considered, comments must be received within thirty (30) days after publication of this notice in the Missouri Register. No public hearing is

scheduled.

Title 20—DEPARTMENT OF INSURANCE, 

FINANCIAL INSTITUTIONS AND PROFESSIONAL

REGISTRATION

Division 2150—State Board of Registration for the 

Healing Arts

Chapter 9—Licensing of Anesthesiologist Assistants

PROPOSED AMENDMENT

20 CSR 2150-9.060 Licensure Renewal. The board is proposing to

amend section (1).

PURPOSE: Pursuant to Executive Order 06-04 the Division of

Professional Registration was transferred from the Department of

Economic Development, Title 4, to the Department of Insurance,

Financial Institutions and Professional Registration, Title 20.

Therefore, references to 4 CSR 150 are being amended throughout

the rule. 

(1) A license shall be renewed on or before January 31 of the year

the license is due for renewal, by submitting the renewal application

and fee to the board. The license renewal fee shall be established in

[4 CSR 150-9.080] 20 CSR 2150-9.080.

Page 240 Proposed Rules

January 16, 2008

Vol. 33, No. 2
AUTHORITY: sections 334.125, RSMo 2000 and 334.414, RSMo

Supp. [2005] 2007. This rule originally filed as 4 CSR 150-9.060.

Original rule filed Jan. 17, 2006, effective Aug. 30, 2006. Moved to

20 CSR 2150-9.060, effective Aug. 28, 2006. Amended: Filed Dec.

14, 2007.

PUBLIC COST: This proposed amendment will not cost state agencies or political subdivisions more than five hundred dollars ($500)

in the aggregate.

PRIVATE COST: This proposed amendment will not cost private entities more than five hundred dollars ($500) in the aggregate.

NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in

support of or in opposition to this proposed amendment with the

Missouri Board of Registration for the Healing Arts, Tina Steinman,

Executive Director, PO Box 4, Jefferson City, MO 65102, by faxing

(573) 751-3166 or by emailing healingarts@pr.mo.gov. To be considered, comments must be received within thirty (30) days after publication of this notice in the Missouri Register. No public hearing is

scheduled.

Title 20—DEPARTMENT OF INSURANCE, 

FINANCIAL INSTITUTIONS AND PROFESSIONAL

REGISTRATION

Division 2150—State Board of Registration for the 

Healing Arts

Chapter 9—Licensing of Anesthesiologist Assistants

PROPOSED AMENDMENT

20 CSR 2150-9.070 Continuing Education. The board is proposing

to amend sections (4) and (5).

PURPOSE: Pursuant to Executive Order 06-04 the Division of

Professional Registration was transferred from the Department of

Economic Development, Title 4, to the Department of Insurance,

Financial Institutions and Professional Registration, Title 20.

Therefore, references to 4 CSR 150 are being amended throughout

the rule. This amendment also makes gender corrections.

(4) A licensee who cannot complete the required hours of continuing

education because of personal illness, military service or other circumstances beyond the licensee’s control which the board deems to

be sufficient to impose an insurmountable hardship may apply for an

extension of time to complete the continuing education requirements.

Any extension of time to complete the continuing education requirements will be granted solely in the discretion of the board. The

licensee must make a written application for extension of time prior

to the deadline for completion of the continuing education requirement. The application for extension shall be accompanied by a processing fee as required in [4 CSR 150-9.080] 20 CSR 2150-

9.080. The licensee shall provide full and complete written documentation of the grounds supporting the reasons for which an extension is sought.

(5) For purposes of section 334.420, RSMo concerning waiver of the

continuing education requirements for retired anesthesiologist assistants, a retired anesthesiologist assistant is one who has neither

engaged in active practice as an anesthesiologist assistant nor held

[him/herself] themselves out as an active practicing anesthesiologist

assistant and, pursuant to section 334.410, RSMo, has executed and

filed with the board a retirement affidavit. A retired anesthesiologist

assistant may keep [his/her] their wall-hanging certificate after execution of a retirement affidavit but shall surrender, upon retirement,

all other indicia of licensure.

AUTHORITY: sections 334.125, RSMo 2000 and 334.414, RSMo

Supp. [2005] 2007. This rule originally filed as 4 CSR 150-9.070.

Original rule filed Jan. 17, 2006, effective Aug. 30, 2006. Moved to

20 CSR 2150-9.070, effective Aug. 28, 2006. Amended: Filed Dec.

14, 2007.

PUBLIC COST: This proposed amendment will not cost state agencies or political subdivisions more than five hundred dollars ($500)

in the aggregate.

PRIVATE COST: This proposed amendment will not cost private entities more than five hundred dollars ($500) in the aggregate.

NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in

support of or in opposition to this proposed amendment with the

Missouri Board of Healing Arts, Tina Steinman, Executive Director,

PO Box 4, Jefferson City, MO 65102, by faxing (573) 751-3166 or by

emailing healingarts@pr.mo.gov. To be considered, comments must

be received within thirty (30) days after publication of this notice in

the Missouri Register. No public hearing is scheduled.

Title 20—DEPARTMENT OF INSURANCE, 

FINANCIAL INSTITUTIONS AND PROFESSIONAL

REGISTRATION

Division 2150—State Board of Registration for the 

Healing Arts

Chapter 9—Licensing of Anesthesiologist Assistants

PROPOSED AMENDMENT

20 CSR 2150-9.090 Late Registration. The board is proposing to

amend sections (3), (4), and (5).

PURPOSE: Pursuant to Executive Order 06-04 the Division of

Professional Registration was transferred from the Department of

Economic Development, Title 4, to the Department of Insurance,

Financial Institutions and Professional Registration, Title 20.

Therefore, references to 4 CSR 150 are being amended throughout

the rule. This amendment also corrects the name of the board to

make it consistent throughout the rules.

(3) All applications shall be sent to the [Missouri] State Board of

Registration for the Healing Arts, PO Box 4, Jefferson City, MO

65102.

(4) All applicants shall submit the renewal fee along with the delinquent fee pursuant to [4 CSR 150-9.080] 20 CSR 2150-9.080.

This fee shall be submitted in the form of a personal check, cashier’s

check or money order drawn on a United States bank and/or firm

made payable to the State Board of Registration for the Healing Arts.

(5) All applicants shall submit proof of active certification in compliance with [4 CSR 150-9.070] 20 CSR 2150-9.070.

AUTHORITY: sections 334.125, RSMo 2000 and 334.414, RSMo

Supp. [2005] 2007. This rule originally filed as 4 CSR 150-9.090.

Original rule filed Jan. 17, 2006, effective Aug. 30, 2006. Moved to

20 CSR 2150-9.090, effective Aug. 28, 2006. Amended: Filed Dec.

14, 2007.

PUBLIC COST: This proposed amendment will not cost state agencies or political subdivisions more than five hundred dollars ($500)

in the aggregate.

PRIVATE COST: This proposed amendment will not cost private entities more than five hundred dollars ($500) in the aggregate.

Page 241 January 16, 2008

Vol. 33, No. 2 Missouri Register
NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in

support of or in opposition to this proposed amendment with the

Missouri Board of Registration for the Healing Arts, Tina Steinman,

Executive Director, PO Box 4, Jefferson City, MO 65102, by faxing

(573) 751-3166 or by emailing healingarts@pr.mo.gov. To be considered, comments must be received within thirty (30) days after publication of this notice in the Missouri Register. No public hearing is

scheduled.

Title 20—DEPARTMENT OF INSURANCE, 

FINANCIAL INSTITUTIONS AND PROFESSIONAL

REGISTRATION

Division 2210—State Board of Optometry

Chapter 1—Organization and Description of Board

PROPOSED AMENDMENT

20 CSR 2210-1.010 General Organization. The board is proposing

to amend subsections (6)(C) and (6)(D), and sections (7), (8) and

(9).

PURPOSE: This amendment clarifies the board’s superintending

control and makes grammatical corrections.

(6) The board has superintending control over the practice of optometry within this state. The board’s primary duties consist of—

(C) Accrediting continuing education programs for [annual]

license renewal; and

(D) Censuring, [S]suspending, probating, or revoking licenses of

any doctor found guilty of violating the prohibitions of Chapter 336,

RSMo.

(7) The board is required to meet at least once in every six (6)

months and such other meetings as determined by the board. The

time and location for each meeting may be obtained by contacting the

[board’s executive director at PO Box 672, Jefferson City,

MO 65102-0672] State Board of Optometry.

(8) Unless otherwise provided by statute or regulation, regular and

special meetings of the board [shall be governed] are guided by

Robert’s Rules of Order [(Newly Revised 10th Edition)].

(9) The public may obtain information from the board or make submissions or requests to the board by writing the State Board of

Optometry[, P.O. Box 672, Jefferson City, MO 65102-0672].

AUTHORITY: sections 336.130.4, RSMo 2000 and 336.140,

336.160 and 536.023.3, RSMo Supp. [2006] 2007. This rule originally filed as 4 CSR 210-1.010. Original rule filed Dec. 19, 1975,

effective Dec. 29, 1975. Rescinded and readopted: Filed Oct. 14,

1981, effective Jan. 14, 1982. Amended: Filed Sept. 13, 1995, effective March 30, 1996. For intervening history, please consult the Code

of State Regulations. Amended: Filed Dec. 5, 2007.

PUBLIC COST: This proposed amendment will not cost state agencies or political subdivisions more than five hundred dollars ($500)

in the aggregate.

PRIVATE COST: This proposed amendment will not cost private entities more than five hundred dollars ($500) in the aggregate.

NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in

support of or in opposition to this proposed amendment with the State

Board of Optometry, Executive Director, PO Box 1335, Jefferson

City, MO 65102, by facsimile at (573) 751-8216 or by e-mail at

optometry@pr.mo.gov. To be considered, comments must be

received within thirty (30) days after publication of this notice in the

Missouri Register. No public hearing is scheduled.

Title 20—DEPARTMENT OF INSURANCE, 

FINANCIAL INSTITUTIONS AND PROFESSIONAL

REGISTRATION

Division 2210—State Board of Optometry

Chapter 1—Organization and Description of Board

PROPOSED AMENDMENT

20 CSR 2210-1.020 Board Member Compensation. The board is

proposing to delete section (1), amend the original section (2) and

renumber sections accordingly.

PURPOSE: This amendment deletes obsolete information.

[(1) Each member of the State Board of Optometry whose

term of office began before September 28, 1981 shall

receive the sum of twenty-five dollars ($25) as compensation for each day that member devotes to the affairs of the

board.]

[(2)] (1) Each member of the [State B]board [of Optometry

whose term of office begins on or after September 28,

1981] shall receive the sum of fifty dollars ($50) as compensation

for each day that member devotes to the affairs of the board.

[(3)] (2) In addition to the compensation fixed in this rule, each

member is entitled to reimbursement of his/her expenses necessarily

incurred in the discharge of his/her official duties.

[(4)] (3) No request for compensation provided shall be processed

for payment unless sufficient funds are available for that purpose

within the appropriations for this board.

AUTHORITY: sections 336.140 and 336.160, RSMo Supp. [(1986)]

2007. This rule originally filed as 4 CSR 210-1.020. Emergency rule

filed Sept. 17, 1981, effective Sept. 28, 1981, expired Dec. 28, 1981.

Original rule filed Sept. 17, 1981, effective Jan. 14, 1982. Moved to

20 CSR 2210-1.020, effective Aug. 28, 2006. Amended: Filed Dec.

5, 2007.

PUBLIC COST: This proposed amendment will not cost state agencies or political subdivisions more than five hundred dollars ($500)

in the aggregate.

PRIVATE COST: This proposed amendment will not cost private entities more than five hundred dollars ($500) in the aggregate.

NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in

support of or in opposition to this proposed amendment with the State

Board of Optometry, Executive Director, PO Box 1335, Jefferson

City, MO 65102, by facsimile at (573) 751-8216 or by e-mail at

optometry@pr.mo.gov. To be considered, comments must be

received within thirty (30) days after publication of this notice in the

Missouri Register. No public hearing is scheduled.

Title 20—DEPARTMENT OF INSURANCE, 

FINANCIAL INSTITUTIONS AND PROFESSIONAL

REGISTRATION

Division 2210—State Board of Optometry

Chapter 2—General Rules

PROPOSED AMENDMENT

20 CSR 2210-2.010 Application for Licensure. The board is

proposing to amend sections (1) and (2).

Page 242 Proposed Rules

January 16, 2008

Vol. 33, No. 2
PURPOSE: This amendment amends terminology to be consistent

with Chapter 336, RSMo and provides information available on the

board’s website.

(1) Application for a Missouri [certificate of registration] license

as an optometrist must be made on the forms provided by the board.

All applications must be complete prior to board consideration. All

documents and transcripts which are necessary to complete the application, must be received in the board office prior to board consideration. An application more than one (1) year old must be updated

prior to licensure.

(2) Application forms and a list of currently approved colleges may

be obtained by writing the [board’s executive director at P.O.

Box 672, Jefferson City, MO 65102-0672] State Board of

Optometry. A copy of the current statutory provisions and board

rules regarding the practice of optometry shall be provided with the

application form. A copy of the application form, approved

colleges, and the statutes and rules can also be downloaded

from the board’s website. The website address is

http://pr.mo.gov/optometrists.asp.

AUTHORITY: sections 336.040 and 336.160.1, RSMo [2000]

Supp. 2007. This rule originally filed as 4 CSR 210-2.010. Original

rule filed Dec. 19, 1975, effective Dec. 29, 1975. Amended: Filed

March 13, 1980, effective June 12, 1980. Rescinded and readopted:

Filed Oct. 14, 1981, effective Jan. 14, 1982. For intervening history,

please consult the Code of State Regulations. Amended: Filed Dec.

5, 2007.

PUBLIC COST: This proposed amendment will not cost state agencies or political subdivisions more than five hundred dollars ($500)

in the aggregate.

PRIVATE COST: This proposed amendment will not cost private entities more than five hundred dollars ($500) in the aggregate.

NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in

support of or in opposition to this proposed amendment with the State

Board of Optometry, Executive Director, PO Box 1335, Jefferson

City, MO 65102, by facsimile at (573)751-8216 or by e-mail at

optometry@pr.mo.gov. To be considered, comments must be received

within thirty (30) days after publication of this notice in the Missouri

Register. No public hearing is scheduled.

Title 20—DEPARTMENT OF INSURANCE, 

FINANCIAL INSTITUTIONS AND PROFESSIONAL

REGISTRATION

Division 2210—State Board of Optometry

Chapter 2—General Rules

PROPOSED AMENDMENT

20 CSR 2210-2.020 Licensure by Examination. The board is

proposing to amend sections (1), (3), (4) and (5).

PURPOSE: Pursuant to House Bill 780 and Senate Bill 308 of the

94th General Assembly (2007) the board is amending the text of the

rule to be consistent with Chapter 336, RSMo. This amendment also

explains the examinations of the State Board of Optometry.

(1) Every person applying for licensure as an [registered]

optometrist shall have [been] graduated from a school of optometry

approved by the board [prior to taking any practical examination

required for licensure].

(3) All applicants must pay the application [and licensing] fee[s]

and submit proof of fingerprints to the Missouri State Highway

Patrol’s approved vendor for both a Missouri State Highway Patrol

and Federal Bureau of Investigation fingerprint background check.

Any fees due for fingerprint background checks shall be paid by the

applicant directly to the Missouri State Highway Patrol or its

approved vendor.

(4) All applicants for a [certificate of registration] license as an

optometrist shall pass all parts of the [written] examination administered by the National Board of Examiners in Optometry (NBEO)

[and shall pass the Clinical Skills and Patient Assessment

and Management (PAM) examination known as the Clinical

Skills/Patient Care examination administered by the NBEO in

July 1991 or later]. Each applicant also shall pass an examination

on Missouri Optometric law with a score of seventy-five percent

(75%) or greater within one (1) year prior to licensure.

(5) In addition to the above requirements, all applicants for a [certificate of registration] license as an optometrist must be certified by the board as qualified to use [diagnostic pharmaceutical

agents and therapeutic] pharmaceutical agents in accordance with

the guidelines stated in 20 CSR 2210-2.080.

AUTHORITY: sections 336.050, 336.160.1, and 336.220.1, RSMo

[2000] Supp. 2007. This rule originally filed as 4 CSR 210-2.020.

Original rule filed Dec. 19, 1975, effective Dec. 29, 1975. Amended:

Filed Nov. 10, 1976, effective March 11, 1977. Amended: Filed Aug.

30, 1979, effective Feb. 11, 1980. For intervening history, please consult the Code of State Regulations. Amended: Filed Dec. 5, 2007.

PUBLIC COST: This proposed amendment will not cost state agencies or political subdivisions more than five hundred dollars ($500)

in the aggregate.

PRIVATE COST: This proposed amendment will not cost private entities more than five hundred dollars ($500) in the aggregate.

NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in

support of or in opposition to this proposed amendment with the State

Board of Optometry, Executive Director, PO Box 1335, Jefferson

City, MO 65102, by facsimile at (573)751-8216 or by e-mail at optometry@pr.mo.gov. To be considered, comments must be received within thirty (30) days after publication of this notice in the Missouri

Register. No public hearing is scheduled.

Title 20—DEPARTMENT OF INSURANCE, 

FINANCIAL INSTITUTIONS AND PROFESSIONAL

REGISTRATION

Division 2210—State Board of Optometry

Chapter 2—General Rules

PROPOSED AMENDMENT

20 CSR 2210-2.030 License Renewal. The board is proposing to

amend sections (1) through (6), (8), (9), paragraph (10)(C)3., and

subsections (10)(D) and (10)(F).

PURPOSE: Pursuant to House Bill 780 and Senate Bill 308 of the

94th General Assembly (2007) the board is amending the text of the

rule to be consistent with Chapter 336, RSMo. This amendment also

clarifies the license renewal requirements and procedures.

(1) Every [registered] licensed optometrist shall notify the board of

[every] any change of mailing address[(es) at which s/he is practicing] within thirty (30) days.

(2) Every [registered] licensed optometrist shall prominently display

Page 243 January 16, 2008

Vol. 33, No. 2 Missouri Register
his/her [certificate of] renewal license in his/her principal place of

practice.

(3) Whenever a [registered] licensed optometrist has additional

offices, [s/he] he/she, in lieu of delivering a certificate of identification to each patient in his/her care pursuant to section 336.070,

RSMo, may prominently display a duplicate [certificate of registration and a duplicate] renewal [certificate] license in each

additional office.

(4) A period of sixty (60) days grace is established following the date

by which every [registered] optometrist must renew his/her [certificate of registration] license. The board shall cause a [certificate] license to be renewed if the renewal is sought and fees are paid

before the expiration of the grace period. No [certificate] license

shall be renewed after the grace period unless, within five (5) years,

the holder submits the required reactivation fee plus satisfactory evidence of his/her attendance, for a minimum of twenty-four (24)

hours, at continuing education programs approved by the board.

Effective November 1, 2008, the minimum number of continuing

education hours required for renewal of an expired license sought

after the grace period and before the expiration of the five (5)

year period shall be forty-eight (48). 

(5) Effective with the two (2)-year continuing education reporting

period beginning on November 1, 2008, [E]every optometrist currently licensed in Missouri shall obtain[, during each continuing

education reporting period,] a minimum of [sixteen (16)] thirty-two (32) hours of approved continuing education (herein “C.E.”

credits) relevant to the practice of optometry. [A licensee shall

obtain no less than eight (8) hours of approved continuing

education during the first year of the continuing education

reporting period and no less than eight (8) hours of approved

continuing education in the second year of the reporting

period.]

(6) The two (2)-year continuing education reporting period shall

begin on [September] November 1 and end on [August] October

31 [of each even-numbered year]. C.E. credits earned after

[August] October 31 of [each even-numbered year] the second

year of the reporting period shall apply to the next reporting

[cycle] period unless the licensee pays the continuing education

penalty fee. Payment of the continuing education penalty fee will

provide a licensee with the ability to earn C.E. credits [between]

on or after [September] November 1 and before December 31 [of

that even-numbered year] and apply any needed C.E. credits to

the prior reporting period. [In any odd-numbered year, C.E.

credits earned between September 1 and December 31 of

that year may apply to the first year of the continuing education reporting period if the licensee pays the continuing

education penalty fee. A renewal license will not be issued

until all renewal requirements have been met.] If the licensee

pays the continuing education penalty fee for C.E. credits earned

late, those credits shall not be applied to the next reporting [cycle]

period. A renewal license will not be issued until all renewal

requirements have been met.

(8) Every licensed optometrist shall maintain full and complete

records of all approved C.E. credits earned for the two (2) previous

reporting periods in addition to the current reporting period. The

records shall document the titles of the courses taken, dates, locations, course sponsors, [category of hours earned (general optometric study or glaucoma training)] and number of hours

earned. The board may conduct an audit of licensees to verify compliance with the continuing education requirement. Licensees shall

assist the board in its audit by providing timely and complete

responses to the board’s inquiries. 

(9) Violation of any provision of this rule shall be deemed by the

board to constitute misconduct, fraud, misrepresentation, dishonesty,

unethical conduct or unprofessional conduct in the performance of

the functions or duties of an optometrist depending on the licensee’s

conduct. In addition, a licensee who has failed to complete and

report in a timely fashion the required [sixteen (16)] thirty-two

(32) hours of continuing education and engages in the active practice

of optometry without the express written authority of the board shall

be deemed to have engaged in the unauthorized practice of optometry.

(10) The following guidelines govern the attendance of educational

optometric programs for license renewal:

(C) Educational programs that currently are approved, except as

noted in subsection (10)(B), as meeting the minimum standards,

include the following:

1. Educational meetings of the American Optometric

Association (AOA);

2. Educational meetings of the National Optometric Association

(NOA);

3. Educational meetings of the Missouri Optometric Association

or any other state or regional optometric association affiliated with

the American Optometric Association;

4. Scientific sections and continuing education courses of the

American Academy of Optometry;

5. Postgraduate courses offered at any accredited college of

optometry;

6. Educational meetings of the Southern Council of

Optometrists;

7. Educational meetings approved by the Council on Optometric

Practitioner Education (COPE);

8. Educational meetings of the North Central States Optometric

Council;

9. Educational meetings of the Heart of America Optometric

Congress and the Heart of America Contact Lens Society;

10. Educational meetings of the College of Optometrists in

Vision Development;

11. Educational meetings of the Optometric Extension

Program; and

12. Optometric related meetings of any accredited school of

medicine.

(D) With the exception of any of the previously mentioned educational organizations, any other regularly organized group of

optometrists that wishes to sponsor an educational program to meet

the standard for license renewal in Missouri shall submit [two (2)

copies] one (1) copy of the program schedule and outline to the

board’s executive director not fewer than [sixty (60)] thirty (30)

days prior to the date of the program and shall pay the continuing

education sponsor fee. The outline must indicate the program’s subject matter, the number of hours required for its presentation and the

identity and qualifications of the speakers and instructors. The board

shall review the schedule and outline. If the program meets the standards set out in subsections (10)(A)–(B), the board may grant

approval. The board will not consider requests for approval of any

program submitted following the meeting;

(F) Licensees who are enrolled in a postgraduate residency program accredited by the Council on Optometric Education will receive

[eight (8)] sixteen (16) hours of continuing education credit to satisfy one (1) year of the two (2)-year reporting period; and

AUTHORITY: sections 336.080 and 336.160.1, RSMo [2000]

Supp. 2007. This rule originally filed as 4 CSR 210-2.030. Original

rule filed Dec. 19, 1975, effective Dec. 29, 1975. Amended: Filed

Aug. 30, 1979, effective Feb. 11, 1980. Amended: Filed Sept. 12,

1980, effective Dec. 13, 1980. For intervening history, please consult

the Code of State Regulations. Amended: Filed Dec. 5, 2007.

Page 244 Proposed Rules

January 16, 2008

Vol. 33, No. 2
PUBLIC COST: This proposed amendment will not cost state agencies or political subdivisions more than five hundred dollars ($500)

in the aggregate.

PRIVATE COST: This proposed amendment will cost private entities

approximately four hundred ninety-six thousand eight hundred dollars to nine hundred ninety-three thousand six hundred dollars

($496,800–$993,600) biennially for the life of the rule. It is anticipated that the costs will recur for the life of the rule, may vary with

inflation and are expected to increase at the rate projected by the

Legislative Oversight Committee.

NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in

support of or in opposition to this proposed amendment with the State

Board of Optometry, Executive Director, PO Box 1335, Jefferson

City, MO 65102, by facsimile at (573)751-8216 or by e-mail at

optometry@pr.mo.gov. To be considered, comments must be received

within thirty (30) days after publication of this notice in the Missouri

Register. No public hearing is scheduled.

Page 245 January 16, 2008

Vol. 33, No. 2 Missouri Register
January 16, 2008 Page 246 Proposed Rules Vol. 33, No. 2
Title 20—DEPARTMENT OF INSURANCE, 

FINANCIAL INSTITUTIONS AND PROFESSIONAL

REGISTRATION

Division 2210—State Board of Optometry

Chapter 2—General Rules

PROPOSED AMENDMENT

20 CSR 2210-2.040 Public Complaint Handling and Disposition.

The board is proposing to amend sections (1) and (2).

PURPOSE: This amendment makes grammatical corrections in sections (1) and (2) of the rule.

(1) The [State B]board [of Optometry] shall receive and process

each complaint made against any licensee or unlicensed individual or

entity, which complaint alleges certain acts or practices which may

constitute one (1) or more violations of the provisions of Chapter

336, RSMo. Any member of the public or the profession or any federal, state or local official may make and file a complaint with the

board. Complaints shall be received from sources [without] outside

Missouri and processed in the same manner as those originating

within Missouri. No member of the [State B]board [of

Optometry] shall file a complaint with this board while [s/he]

he/she holds that office, unless that member excuses himself/herself

from further board deliberations or activity concerning the matters

alleged within that complaint. The executive [secretary] director or

any staff member of the board may file a complaint pursuant to this

rule in the same manner as any member of the public.

(2) Complaints should be mailed or delivered to the [following

address:] State Board of Optometry[, P.O. Box 672, Jefferson

City, MO 65102-0672]. However, actual receipt of the complaint

by the board at its administrative offices in any manner shall be sufficient. Complaints may be made based upon personal knowledge, or

upon information and belief, reciting information received from

other sources.

AUTHORITY: sections 336.160.1 and 610.010.15(6), RSMo [2000]

Supp. 2007. This rule originally filed as 4 CSR 210-2.040. Original

rule filed Dec. 19, 1975, effective Dec. 29, 1975. Rescinded and

readopted: Filed Oct. 14, 1981, effective Jan. 14, 1982. Amended:

Filed Dec. 6, 1982, effective March 11, 1983. For intervening history, please consult the Code of State Regulations. Amended: Filed

Dec. 5, 2007.

PUBLIC COST: This proposed amendment will not cost state agencies or political subdivisions more than five hundred dollars ($500)

in the aggregate.

PRIVATE COST: This proposed amendment will not cost private entities more than five hundred dollars ($500) in the aggregate.

NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in

support of or in opposition to this proposed amendment with the State

Board of Optometry, Executive Director, PO Box 1335, Jefferson

City, MO 65102, by facsimile at (573)751-8216 or by e-mail at optometry@pr.mo.gov. To be considered, comments must be received within thirty (30) days after publication of this notice in the Missouri

Register. No public hearing is scheduled.

Title 20—DEPARTMENT OF INSURANCE, 

FINANCIAL INSTITUTIONS AND PROFESSIONAL

REGISTRATION

Division 2210—State Board of Optometry

Chapter 2—General Rules

PROPOSED AMENDMENT

20 CSR 2210-2.050 Professional Optometric Corporations. The

board is proposing to amend section (1) and subsection (1)(A).

PURPOSE: This amendment makes terminology and grammatical

corrections throughout the rule.

(1) No person [registered] licensed under the provisions of Chapter

336, RSMo shall organize, form or, at any time, participate as incorporator, director, shareholder or officer of any corporation organized

under the provisions of the Professional Corporation Law of

Missouri, except—

(A) All incorporators, directors and officers, other than the secretary of the corporation, shall be registered under the provisions of

Chapter 336, RSMo, shall have paid all fees due under that chapter

and must be in good standing with the [Missouri State B]board [of

Optometry], except that, if more than one (1) type of professional

service is practiced by the professional corporation pursuant to the

provisions of subsection (1)(C), then the incorporators, directors and

officers other than secretary of the corporation, shall be in good

standing with the Missouri State Board of Registration for the

Healing Arts and duly licensed to practice one (1) or more of the professional services referred to in subsection (1)(C);

AUTHORITY: section 336.160, RSMo [1986] Supp. 2007. This rule

originally filed as 4 CSR 210-2.050. This version of rule filed Dec.

19, 1975, effective Dec. 29, 1975. Amended: Filed May 14, 1987,

effective Sept. 11, 1987. Moved to 20 CSR 2210-2.050, effective Aug.

28, 2006. Amended: Filed Dec. 5, 2007.

PUBLIC COST: This proposed amendment will not cost state agencies or political subdivisions more than five hundred dollars ($500)

in the aggregate.

PRIVATE COST: This proposed amendment will not cost private entities more than five hundred dollars ($500) in the aggregate.

NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in

support of or in opposition to this proposed amendment with the State

Board of Optometry, Sharlene Rimiller, Executive Director, PO Box

1335, Jefferson City, MO 65102, by facsimile at (573)751-8216 or by

e-mail at optometry@pr.mo.gov. To be considered, comments must

be received within thirty (30) days after publication of this notice in

the Missouri Register. No public hearing is scheduled.

Title 20—DEPARTMENT OF INSURANCE, 

FINANCIAL INSTITUTIONS AND PROFESSIONAL

REGISTRATION

Division 2210—State Board of Optometry

Chapter 2—General Rules

PROPOSED AMENDMENT

20 CSR 2210-2.060 Professional Conduct Rules. The board is

proposing to amend section (1), subsection (2)(A), sections (3), (7),

(9) and (10) and delete the annotations immediately following this

rule in the Code of State Regulations.

PURPOSE: The terminology of this rule is being amended to be consistent with Chapter 336, RSMo and amend the definition of advertising. This amendment also deletes the annotations that immediately follow this rule in the Code of State Regulations.

(1) Every [registered] licensed optometrist whose name, office

address, phone number or place of practice appears or is mentioned

in any advertisement of any kind or character shall be presumed to

have caused, allowed, permitted, approved and sanctioned the advertisement and shall be personally and professionally responsible for

Page 247 January 16, 2008

Vol. 33, No. 2 Missouri Register
the content and character of the advertisement.

(2) The term advertising, as used in section 336.110, RSMo and this

rule, shall include, but not be limited to, advertising by means of any

of the following media:

(A) Newspapers, magazines, periodicals, programs, circulars,

handbills, stationery, web pages, Internet communications, or any

other forms of printed, mimeographed, offset, typewritten or otherwise reproduced material;

(3) No optometrist [registered] licensed in this state shall use or

employ deception, fraud, false pretense, false promise, misrepresentation or the concealment, suppression or omission of any material

fact in connection with the advertisement of any ophthalmic goods or

services.

(7) It shall be considered dishonesty in the practice of optometry for

an optometrist to permit, allow or cause a person who is not a [registered] licensed optometrist or a licensed physician or surgeon to

use the optometrist’s prescription or optometric findings to fit a contact lens upon a patient or member of the public.

(9) It shall be considered dishonesty in the practice of optometry for

an optometrist to enter into an agreement or arrangement where s/he

permits, allows or causes a person who is not a [registered]

licensed optometrist or a licensed physician or surgeon to do any of

the following acts upon a patient or member of the public:

(10) Every [registered] licensed optometrist providing optometric

services prominently shall display his/her name at the entrance of

his/her office(s) any times during which these services are offered.

The [registered] licensed optometrist so displaying his/her name

shall identify his/her profession by including the word optometrist,

doctor of optometry or O.D. following his/her name.

AUTHORITY: sections 336.110, RSMo [1986] 2000 and 336.160.1,

RSMo Supp. 2007. This rule originally filed as 4 CSR 210-2.060.

Original rule filed Dec. 19, 1975, effective Dec. 29, 1975. Amended:

Filed March 10, 1977, effective Aug. 11, 1977. Amended: Filed Aug.

30, 1979, effective Feb. 11, 1980. For intervening history, please consult the Code of State Regulations. Amended: Filed Dec. 5, 2007.

PUBLIC COST: This proposed amendment will not cost state agencies or political subdivisions more than five hundred dollars ($500)

in the aggregate.

PRIVATE COST: This proposed amendment will not cost private entities more than five hundred dollars ($500) in the aggregate.

NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in

support of or in opposition to this proposed amendment with the State

Board of Optometry, Executive Director, PO Box 1335, Jefferson

City, MO 65102, by facsimile at (573)751-8216 or by e-mail at

optometry@pr.mo.gov. To be considered, comments must be received

within thirty (30) days after publication of this notice in the Missouri

Register. No public hearing is scheduled.

Title 20—DEPARTMENT OF INSURANCE, 

FINANCIAL INSTITUTIONS AND PROFESSIONAL

REGISTRATION

Division 2210—State Board of Optometry

Chapter 2—General Rules

PROPOSED AMENDMENT

20 CSR 2210-2.070 Fees. The board is proposing to amend subsections (1)(A), (1)(B), (1)(H), (1)(J), (1)(L), (1)(N) and delete footnotes * and ** and renumber the remaining footnote accordingly.

PURPOSE: Pursuant to House Bill 780 and Senate Bill 308 of the

94th General Assembly (2007) this rule is being amended to be consistent with Chapter 336, RSMo.

(1) The following fees are established by the State Board of

Optometry:

(A) Application Fee $225[*]

(B) Missouri Law Exam Fee $50[**]

(H) [Reciprocity] Endorsement Certification Fee $20

(J) Pharmaceutical Certification Fee [(for 

certification to use DPA and therapeutic 

pharmaceutical agents)] $75

(L) Law Book Requests Fee $5*[**]

(N) Continuing Education Penalty Fee (reporting

continuing education hours obtained after the end

of the reporting period) [$50] $150

[*This fee includes the license fee and the pharmaceutical

certification fee.

**When administered separately from the National Board of

Examiners in Optometry (NBEO) Patient Assessment and

Management (PAM) exam.]

[***]*This fee will not apply to the initial copy of the law book

which is automatically mailed to all applicants for licensure or to

accredited schools of optometry. Furthermore, this fee will not be

charged to licensees or any other individual for additions or corrections to the law book after the initial copy is mailed.

AUTHORITY: sections 336.140 and 336.160, RSMo [2000] Supp.

2007. This rule originally filed as 4 CSR 210-2.070. Emergency rule

filed June 30, 1981, effective July 9, 1981, expired Nov. 11, 1981.

Original rule filed June 30, 1981, effective Oct. 12, 1981. For intervening history, please consult the Code of State Regulations.

Amended: Filed Dec. 5, 2007.

PUBLIC COST: This proposed amendment will save state agencies

or political subdivisions approximately two thousand four hundred

dollars ($2,400) biennially for the life of the rule. It is anticipated

that the costs will recur for the life of the rule, may vary with inflation and are expected to increase at the rate projected by the

Legislative Oversight Committee.

PRIVATE COST: This proposed amendment will cost private entities

approximately two thousand four hundred dollars ($2,400) biennially for the life of the rule. It is anticipated that the costs will recur for

the life of the rule, may vary with inflation and are expected to

increase at the rate projected by the Legislative Oversight

Committee.

NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in

support of or in opposition to this proposed amendment with the State

Board of Optometry, Executive Director, PO Box 1335, Jefferson

City, MO 65102, by facsimile at (573)751-8216 or by e-mail at optometry@pr.mo.gov. To be considered, comments must be received within thirty (30) days after publication of this notice in the Missouri

Register. No public hearing is scheduled.

Page 248 Proposed Rules

January 16, 2008

Vol. 33, No. 2
Page 249 January 16, 2008

Vol. 33, No. 2 Missouri Register
January 16, 2008 Page 250 Proposed Rules Vol. 33, No. 2
Title 20—DEPARTMENT OF INSURANCE, 

FINANCIAL INSTITUTIONS AND PROFESSIONAL

REGISTRATION

Division 2231—Division of Professional Registration

Chapter 1—Organization and Description of Division

PROPOSED RESCISSION

20 CSR 2231-1.010 General Organization. This rule complied with

section 536.023(3), RSMo 1986, which required each agency to

adopt as a regulation a description of its operation and the methods

and procedures where the public may obtain information or make

submissions or requests.

PURPOSE: This rule is being rescinded and readopted to update the

existing rule with a current list of boards and other clean-up.

AUTHORITY: section 620.010.15(2), RSMo 1986. This rule originally filed as 4 CSR 231-1.010. Original rule filed Feb. 9, 1982, effective May 13, 1982. Amended: Filed Jan. 5, 1989, effective April 13,

1989. Moved to 20 CSR 2231-1.010, effective Aug. 28, 2006.

Rescinded: Filed Dec. 7, 2007.

PUBLIC COST: This proposed rescission will not cost state agencies

or political subdivisions more than five hundred dollars ($500) in the

aggregate.

PRIVATE COST: This proposed rescission will not cost private entities more than five hundred dollars ($500) in the aggregate.

NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in

support of or in opposition to this proposed rescission with the

Missouri Division of Professional Registration, David Broeker,

Division Director, PO Box 1335, Jefferson City, MO 65102, or via

email at profreg@pr.mo.gov. To be considered, comments must be

received within thirty (30) days after publication of this notice in the

Missouri Register. No public hearing is scheduled.

Title 20—DEPARTMENT OF INSURANCE, 

FINANCIAL INSTITUTIONS AND PROFESSIONAL

REGISTRATION

Division 2231—Division of Professional Registration

Chapter 1—Organization and Description of Division

PROPOSED RULE

20 CSR 2231-1.010 General Organization

PURPOSE: This regulation complies with section 536.023(3), RSMo

Supp. 2007, which requires each agency to adopt as a regulation a

description of its operation and the methods and procedures where

the public may obtain information or make submissions or requests.

(1) The Division of Professional Registration is an agency of the

Department of Insurance, Financial Institutions and Professional

Registration.

(2) The division was created in 1974 by Senate Bill 1 passed by the

First Extraordinary Session of the 77th General Assembly.

(3) The division is headed by a director appointed by the governor

with the advice and consent of the senate.

(4) Boards, commissions, and committees assigned to the division

are:

(A) Missouri State Board of Accountancy; 

(B) Missouri Acupuncturist Advisory Committee; 

(C) Advisory Commission for Anesthesiologist Assistants;

(D) Missouri Board for Architects, Professional Engineers,

Professional Land Surveyors and Landscape Architects; 

(E) Missouri Athletic Trainer Advisory Committee; 

(F) Office of Athlete Agents; 

(G) Office of Athletics;

(H) State Board of Chiropractic Examiners; 

(I) Board of Cosmetology and Barber Examiners; 

(J) Committee for Professional Counselors; 

(K) Missouri Dental Board; 

(L) Advisory Commission for Dental Hygienists;

(M) State Committee of Dietitians; 

(N) Office of Endowed Care Cemeteries; 

(O) State Board of Embalmers and Funeral Directors; 

(P) Board of Geologist Registration; 

(Q) State Board of Registration for the Healing Arts; 

(R) Missouri Board of Examiners for Hearing Instrument

Specialists; 

(S) Interior Design Council; 

(T) Missouri State Committee of Interpreters; 

(U) State Committee for Marital and Family Therapists; 

(V) Board of Therapeutic Massage; 

(W) Missouri State Board of Nursing; 

(X) Missouri State Board of Occupational Therapy; 

(Y) State Board of Optometry; 

(Z) Advisory Commission for Clinical Perfusionists; 

(AA) State Board of Pharmacy; 

(BB) Advisory Commission for Physical Therapists; 

(CC) Advisory Commission for Physician Assistants; 

(DD) State Board of Podiatric Medicine; 

(EE) Board of Private Investigator Examiners; 

(FF) State Committee of Psychologists; 

(GG) Missouri Real Estate Appraisers Commission; 

(HH) Missouri Real Estate Commission; 

(II) Missouri Board for Respiratory Care; 

(JJ) State Committee for Social Workers; 

(KK) Advisory Commission for Speech-Language Pathologists

and Audiologists; 

(LL) Office of Tattooing, Body Piercing and Branding; and 

(MM) Missouri Veterinary Medical Board.

(5) The primary duties of the division consist of the following:

(A) Establishing renewal dates for licenses or certificates of the

boards, commissions, committees, and other licensing agencies

assigned to the division;

(B) Providing clerical, other staff services, and financial management relating to the issuance and renewal of licenses for all boards,

commissions, committees, and other licensing agencies assigned to

the division;

(C) Establishing a system of accounting and budgeting, in cooperation with the director of the department, the Office of

Administration, and the state auditor’s office, to insure proper

charges are made to the various boards for services rendered to them;

(D) Collecting and accounting for all monies received by the division and its component agencies, and transmitting monies to the

Department of Revenue;

(E) Providing each board, commission, or committee with all relevant financial information in a timely fashion;

(F) Reviewing the expense vouchers of each board, commission,

or committee and submitting the results to the board, commission,

or committee reviewed and to the house and senate appropriations

committees annually;

(G) Maintaining for each board, commission, committee, or other

licensing agency of the division a registry of each person holding a

current license, permit, or certificate issued by that licensing agency;

(H) Operating a central investigative unit;

(I) Coordinating and supporting the use of optical imaging and

other processes to preserve the records of the boards, commissions,

Page 251 January 16, 2008

Vol. 33, No. 2 Missouri Register
and committees;

(J) Allocating and assigning facility space, personnel other than

board personnel, and equipment; and

(K) Maintaining the central personnel records of the division, and

each of the boards, commissions, and committees.

(6) Process may be served on the division by delivering it to either

the director of the division or any member of the senior staff within

the director’s office.

(7) The director’s personnel officer is designated as the division’s

custodian of records.

(8) The following records shall be deemed closed under the Sunshine

Law (Chapter 610, RSMo):

(A) Legal actions, causes of action or litigation involving a public

governmental body (section 610.021(1), RSMo);

(B) Leasing, purchase or sale of real estate by a public governmental body where public knowledge of the transaction might

adversely affect the legal consideration therefore (section

610.021(2), RSMo); 

(C) Hiring, firing, disciplining or promoting of particular employees by a public governmental body when personal information about

the employee is discussed or recorded (section 610.021(3), RSMo); 

(D) Nonjudicial mental or physical health proceedings involving

identifiable persons, including medical, psychiatric, psychological,

or alcoholism or drug dependency diagnosis or treatment (section

610.021(5), RSMo); 

(E) The use of testing and examination materials, before the test

or examination is given or, if it is to be given again, before so given

again (section 610.021(7), RSMo);

(F) Preparation, including any discussions or work product, on

behalf of a public governmental body or its representatives for negotiations with employee groups (section 610.021(9), RSMo);

(G) The use of software codes for electronic data processing and

documentation thereof (section 610.021(10), RSMo);

(H) Specifications for competitive bidding, until either the specifications are officially approved by the public governmental body or

the specifications are published for bid (section 610.021(11),

RSMo);

(I) Sealed bids and related documents, until the bids are opened,

and sealed proposals and related documents or any documents related to a negotiated contract until a contract is executed, or all proposals are rejected (section 610.021(12), RSMo);

(J) The maintenance of individually identifiable personnel records,

performance ratings or records pertaining to employees or applicants

for employment, except that this exemption shall not apply to the

names, positions, salaries and lengths of service of officers and

employees of public agencies once they are employed as such (section 610.021(13), RSMo);

(K) Records which are protected from disclosure by law (section

610.021(14), RSMo);

(L) Meetings and public records relating to scientific and technological innovations in which the owner has a proprietary interest

(section 610.021(15), RSMo);

(M) Confidential or privileged communications between a public

governmental body and its auditor, including all auditor work product; however, all final audit reports issued by the auditor are to be

considered open records (section 610.021(17), RSMo);

(N) Existing or proposed security systems and structural plans of

real property owned or leased by a public governmental body, the

public disclosure of which would threaten public safety, except that

records related to the procurement of or expenditures relating to

security systems purchased with public funds shall be open; such disclosure would impair the public governmental body’s ability to protect the security or safety of persons or real property, and the public

interest in nondisclosure outweighs the public interest in disclosure

of the records (section 610.021(19), RSMo);

(O) Records that identify the configuration of components or the

operation of a computer, computer system, computer network, or

telecommunications network, and would allow unauthorized access

to or unlawful disruption of a computer, computer system, computer

network, or telecommunications network of a public governmental

body, however, this exception shall not be used to limit or deny

access to otherwise public records in a file, document, data file or

database containing public records and records related to the procurement of or expenditures relating to such computer, computer system, computer network, or telecommunications network, including

the amount of moneys paid by, or on behalf of, a public governmental body for such computer, computer system, computer network, or

telecommunications network (section 610.021(20), RSMo); and

(P) Credit card numbers, personal identification numbers, digital

certificates, physical and virtual keys, access codes or authorization

codes that are used to protect the security of electronic transactions

between a public governmental body and a person or entity doing

business with a public governmental body, however, nothing in this

section shall be deemed to close the record of a person or entity using

a credit card held in the name of a public governmental body or any

record of a transaction made by a person using a credit card or other

method of payment for which reimbursement is made by a public

governmental body (section 610.021(21), RSMo). 

(9) Any person may contact the Division of Professional

Registration, 3605 Missouri Blvd., PO Box 1335, Jefferson City,

MO 65102-1335, telephone number (573) 751-0293 or via the division’s website at http://pr.mo.gov for information.

AUTHORITY: section 536.023(3), RSMo Supp. 2007. This rule originally filed as 4 CSR 231-1.010. Original rule filed Feb. 9, 1982,

effective May 13, 1982. For intervening history, please consult the

Code of State Regulations. Rescinded and readopted: Filed Dec. 7,

2007.

PUBLIC COST: This proposed rule will not cost state agencies or

political subdivisions more than five hundred dollars ($500) in the

aggregate.

PRIVATE COST: This proposed rule will not cost private entities

more than five hundred dollars ($500) in the aggregate.

NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in

support of or in opposition to this proposed rule with the Missouri

Division of Professional Registration, David Broeker, Division

Director, PO Box 1335, Jefferson City, MO 65102, or via email at

profreg@pr.mo.gov. To be considered, comments must be received

within thirty (30) days after publication of this notice in the Missouri

Register. No public hearing is scheduled.

Title 20—DEPARTMENT OF INSURANCE, 

FINANCIAL INSTITUTIONS AND PROFESSIONAL

REGISTRATION

Division 2231—Division of Professional Registration

Chapter 2—Designation of License Renewal Dates and

Related Information

PROPOSED AMENDMENT

20 CSR 2231-2.010 Designation of License Renewal Dates and

Related Renewal Information. The board is proposing to amend

subsections (1)(C) and (2)(C), move the language from the old subsection (2)(C) to the new subsection (2)(D), renumber subsection

(2)(D), add a new subsection (2)(F), delete the old subsection (2)(F),

renumber subsections (2)(E)–(2)(K), add a new subsection (2)(M),

renumber subsections (2)(L)–(2)(AA), add a new subsection

Page 252 Proposed Rules

January 16, 2008

Vol. 33, No. 2
(2)(DD), renumber subsections (2)(BB)–(2)(JJ), and to delete language in subsection (3)(B).

PURPOSE: This amendment cleans up language due to the transfer

of Professional Registration to the Department of Insurance,

Financial Institutions and Professional Registration. It also updates

the list of boards and their renewal dates.

(1) For the purposes of this rule, definitions of the following terms

are: 

(C) Division means the Division of Professional Registration in

the Department of [Economic Development] Insurance,

Financial Institutions and Professional Registration;

(2) The license renewal dates designated for each agency assigned to

the division are—

(C) Advisory Commission for Anesthesiologist Assistants—

February 1;

[(C)](D) Missouri Board for Architects, Professional Engineers,

Professional Land Surveyors and Landscape Architects—

1. Architects, engineers, land surveyors—January 1;

2. Landscape architects—January 1; and

3. Firms/corporations—January 1;

[(D)](E) Athletic Trainer Advisory Committee—January 31;

(F) Office of Athlete Agents—July 1;

[(E)](G) Office of Athletics—July 1;

[(F) State Board of Barber Examiners—

1. Barber instructors, barber shops, barbers—March 1;

and

2. Barber schools—March 1;]

[(G)](H) Missouri State Board of Chiropractic Examiners—March

1;

[(H)](I) State Board of Cosmetology and Barber Examiners—

October 1;

[(I)](J) The Missouri Dental Board—December 1;

[(J)](K) State Committee of Dietitians—April 2;

(L) Advisory Commission for Dental Hygienists—December 1;

[(K)](M) State Board of Embalmers and Funeral Directors—

1. Embalmers, funeral directors—June 1;

2. Preneed providers, preneed sellers—November 1; and

3. Funeral establishments—January 1;

[(L)](N) Endowed Care Cemeteries—September 1;

[(M)](O) Board of Geologist Registration—May 1;

[(N)](P) The State Board of Registration for the Healing Arts—

February 1;

[(O)](Q) Missouri Board of Examiners for Hearing Instrument

Specialists—January 1;

[(P)](R) Interior Design Council—September 1;

[(Q)](S) Missouri State Committee of Interpreters—February 1;

[(R)](T) State Committee of Marital and Family Therapists—

March 1;

[(S)](U) Board of Therapeutic Massage—

1. Massage Therapy License—February 1; and

2. Massage Therapy Business License—February 1;

[(T)](V) The Missouri State Board of Nursing—

1. Registered nurses—May 1; and

2. Licensed practical nurses—June 1;

[(U)](W) Missouri Board of Occupational Therapy—July 1;

[(V)](X) The State Board of Optometry—November 1;

[(W)](Y) Advisory [Committee] Commission for Clinical

Perfusionists—February 1;

[(X)](Z) The Missouri Board of Pharmacy—

1. Pharmacists, pharmacies—November 1;

2. Pharmacy interns—January 1;

3. Drug distributors—November 1; and

4. Pharmacy technicians—June 1;

[(Y)](AA) Advisory Commission for [Professional] Physical

Therapists—February 1;

[(Z)](BB) Advisory Commission for [Registered] Physician

Assistants—February 1;

[(AA)](CC)State Board of Podiatric Medicine—March 1;

(DD) Missouri Board of Private Investigator Examiners—to be

announced;

[(BB)](EE) Committee for Professional Counselors—July 1;

[(CC)](FF) State Committee of Psychologists—February 1;

[(DD)](GG) Missouri Real Estate Appraisers Commission—July

1;

[(EE)](HH) Missouri Real Estate Commission—

1. Association, brokers, broker-associates, broker-officers, broker-partners, corporations, partnerships, inactive brokers, professional corporation-broker salespersons, broker-salepersons—July 1;

and

2. Inactive salespersons, professional corporation-salespersons,

salespersons—October 1;

[(FF)](II) Missouri Board for Respiratory Care—August 1;

[(GG)](JJ) State Committee for Social Workers—October 1;

[(HH)](KK) Advisory [Committee] Commission for SpeechLanguage Pathologists and [Clinical] Audiologists—February 1;

[(II)](LL) Office of Tattooing, Body Piercing and Branding—July

1; and

[(JJ)](MM) Missouri Veterinary Medical Board—

1. Veterinarians, veterinary technicians—December 1; and

2. Veterinary facilities—April 1.

(3) For the purpose of paying license renewal fees, the following shall

apply:

(B) [Effective as of the date the division has its on-line

renewal system in place and fully operating, t]The division

will accept payment by credit card, as defined by section 407.432(4),

RSMo, for the purpose of renewing licenses via the Internet.

Payment of license renewal fees by credit card shall be restricted to

renewal submitted via the Internet only;

AUTHORITY: section 620.010.14(2), RSMo Supp. [2003] 2007.

This rule originally filed as 4 CSR 231-2.010. Original rule filed Feb.

9, 1982, effective May 13, 1982. For intervening history, please consult the Code of State Regulations. Amended: Filed Dec. 7, 2007.

PUBLIC COST: This proposed amendment will not cost state agencies or political subdivisions more than five hundred dollars ($500)

in the aggregate.

PRIVATE COST: This proposed amendment will not cost private entities more than five hundred dollars ($500) in the aggregate.

NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in

support of or in opposition to this proposed amendment with the

Missouri Division of Professional Registration, David Broeker,

Division Director, PO Box 1335, Jefferson City, MO 65102, or via

email at profreg@pr.mo.gov. To be considered, comments must be

received within thirty (30) days after publication of this notice in the

Missouri Register. No public hearing is scheduled.

Title 20—DEPARTMENT OF INSURANCE, 

FINANCIAL INSTITUTIONS AND PROFESSIONAL

REGISTRATION

Division 2232—Missouri State Committee of Interpreters

Chapter 3—Ethical Rules of Conduct

PROPOSED AMENDMENT

20 CSR 2232-3.010 General Principles. The board is proposing to

amend subsections (3)(A) and (4)(A), and section (6), delete section

(8) and renumber the remaining sections, and amend the new sections (8), (16), (17), (18), and (19).

Page 253 January 16, 2008

Vol. 33, No. 2 Missouri Register
PURPOSE: Pursuant to Executive Order 06-04 the Division of

Professional Registration was transferred from the Department of

Economic Development, Title 4, to the Department of Insurance,

Financial Institutions and Professional Registration, Title 20.

Therefore, references to 4 CSR 232 are being amended throughout

the rule. This amendment defines exploitive relationship and what,

when, and how a licensee responds to the committee. This amendment also makes grammatical changes throughout the rule.

(3) An interpreter shall not interpret in a setting beyond his or her

certification level, as provided for in 5 CSR 100-200.170.

(A) This rule does not apply to a licensed, certified interpreter acting in a mentee role as outlined in [4 CSR 232-3.030] 20 CSR

2232-3.030.

(4) A person is not considered to be interpreting pursuant to sections

209.319 to 209.339, RSMo if, in a casual setting, a person is acting

as an interpreter gratuitously or is engaged in interpreting incidental

to traveling.

(A) A casual setting is defined as any event in which the sole purpose of communication is social or family [intersection] interaction and at which no decisions are made with long-term effects of a

legal, financial, or medical nature.

(6) An interpreter shall not accept or continue an assignment if the

interpreter does not possess the ability, education, training, experience, and qualifications as defined in [4 CSR 232-3.010(2)] 20

CSR 2232-3.010(2).

[(8) An interpreter shall not extend or lengthen an assignment for the sole purpose of financial gain.]

[(9)](8) An interpreter shall not misrepresent her/his licensure, ability, education, training, educational credentials, or certification as

defined in [4 CSR 232-3.010(2)] 20 CSR 2232-3.010(2).

[(10)](9) The interpreter shall not interject personal opinion during

an assignment or on matters pertaining to the assignment.

[(11)](10)The interpreter shall safeguard any information obtained

relating to an assignment. If an interpreting assignment is an event

open to the public, the interpreter may disclose information regarding the location of the assignment and general nature of the event.

[(12)](11)When an assignment is not an event open to the public, an

interpreter shall not disclose information relating to the assignment

to include location, nature of the assignment, or individuals present

during the assignment without the written consent of the consumer.

(A) For the purpose of this rule, an interpreter may disclose the

general location of an assignment for the purpose of contacting the

interpreter, in the event of an emergency. However, the interpreter

shall remain responsible for any unauthorized disclosure of information relating to an interpreting assignment.

(B) An interpreter may reveal such information as reasonably necessary to establish a claim or defense in a legal proceeding.

[(13)](12)The interpreter shall not accept or continue an assignment

when the objectivity or competency of the interpreter is or can reasonably be expected to be impaired because of an emotional, mental, psychological, or substance abuse disorder. 

[(14)](13)The interpreter shall not accept or continue an assignment

if the interpreter’s inability to remain neutral affects the interpretation.

[(15)](14)The interpreter shall not accept or continue an interpreting

assignment when the objectivity or competency of the interpreter is

impaired because of the interpreter’s familial, sexual, and/or emotional relationship with the consumer or consumer’s family. 

[(16)](15)If the interpreter discovers a need to withdraw from an

assignment, the interpreter shall advise the consumer.

[(17)](16)An interpreter shall not delegate an assignment to a person who is not qualified or does not possess the appropriate certification, as defined in rule [4 CSR 232-3.010(2)] 20 CSR 2232-

3.010(2), for the service to be provided.

[(18)](17)An interpreter shall not engage in an exploitive relationship with a consumer. For the purposes of these ethical rules of conduct, an exploitive relationship is any relationship between the interpreter and consumer that may take advantage of, or cause harm to,

the consumer. Examples of exploitive relationships include, but

are not limited to:

(A) Extending or lengthening an assignment for the purpose of

financial gain.

(B) Requesting a consumer reset an appointment so that the

interpreter can attend another appointment, for the purpose of

financial gain.

(C) Suggesting to a consumer that the interpreter has special

skills or abilities that make him or her specially suited for an

assignment, unless the suggestion is based on fact.

(D) Suggesting to a consumer that another interpreter is not

qualified or able to interpret for a particular consumer, deaf person, or in a particular setting, unless the suggestion is based on

fact.

[(19)](18)An interpreter shall maintain an appearance that does not

interfere with the message as defined in [4 CSR 232-3.010(7)(A)]

20 CSR 2232-3.010(7)(A).

[(20)](19) [Within the limits of the law, and after receiving

written consumer consent, a]An interpreter must respond in

writing, within thirty (30) days from the date of a written request or

inquiry from the committee, mailed to the interpreter’s address currently registered with the committee.

(A) A request for an extension of time to respond to the committee’s written request or inquiry shall include a good faith

explanation of the need for additional time and an estimate of

when the response can be expected. Requests shall be granted at

the committee’s discretion.

(B) If an interpreter cannot disclose relevant information in

response to the committee’s written request or inquiry, the interpreter shall so state in the timely response. Such a response shall

fully state the nature of any privilege or privacy right asserted.

Any non-privileged or non-private information relevant to the

committee’s request or inquiry shall be included in the response.

[(21)](20)An interpreter shall not practice interpreting as defined in

section 209.285(20), RSMo upon the lapse, expiration, suspension,

or revocation of a certification.

AUTHORITY: sections 209.328.1, RSMo 2000 and 209.285, 209.321

and 209.334, RSMo Supp. [2005] 2007. This rule originally filed

as 4 CSR 232-3.010. Original rule filed Feb. 18, 1999, effective July

30, 1999. For intervening history, please consult the Code of State

Regulations. Amended: Filed Dec. 14, 2007.

PUBLIC COST: This proposed amendment will not cost state agencies or political subdivisions more than five hundred dollars ($500)

in the aggregate.

PRIVATE COST: This proposed amendment will not cost private entities more than five hundred dollars ($500) in the aggregate.

Page 254 Proposed Rules

January 16, 2008

Vol. 33, No. 2
NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in

support of or in opposition to this proposed amendment with the

Missouri State Committee of Interpreters, Pam Groose, Executive

Director, PO Box 1335, Jefferson City, MO 65102, or via email at

interpreters@pr.mo.gov. To be considered, comments must be

received within thirty (30) days after publication of this notice in the

Missouri Register. No public hearing is scheduled.

Title 20—DEPARTMENT OF INSURANCE, 

FINANCIAL INSTITUTIONS AND PROFESSIONAL

REGISTRATION

Division 2232—Missouri State Committee of Interpreters

Chapter 3—Ethical Rules of Conduct

PROPOSED AMENDMENT

20 CSR 2232-3.030 Mentorship. The board is proposing to amend

subsection (1)(A) and subsection (4)(D).

PURPOSE: Pursuant to Executive Order 06-04 the Division of

Professional Registration was transferred from the Department of

Economic Development, Title 4, to the Department of Insurance,

Financial Institutions and Professional Registration, Title 20.

Therefore, references to 4 CSR 232 are being amended throughout

the rule. This amendment also cleans up language throughout the

rule to clarify requirements for mentorship applications. 

(1) For the purpose of this rule, a mentorship is a supervised professional experience in which a mentor interpreter provides instruction,

guidance, and oversight to a mentee interpreter while engaged in a

series of instructional activities designed with the purpose of attaining clearly defined, specific professional development goals.

(A) Applications for mentorship shall be submitted to the committee[/division] on forms prescribed by the committee[/division]

and furnished to the applicant[, sixty (60) days] prior to the start

of the mentorship. The application shall contain statements demonstrating the education, professional experience, and certification by

either the National Registry of Interpreters for the Deaf, National

Association of the Deaf, or Missouri Interpreters Certification

System and such other information as the committee may require.

The application shall also contain a description of the professional

development goals for the mentorship, the instructional activities that

will be used to accomplish those goals, and the methods of assessment that will be used to evaluate those goals.

(4) While engaged in a mentorship approved by the committee and

while under the direct supervision of a mentor interpreter, a mentee

interpreter may interpret in an interpreting assignment that is one (1)

skill level above the mentee’s current certification level as prescribed

in the Skill Level Standards, 5 CSR 100-200.170.

(D) Prior to the interpreting assignment, all participants in the

assignment must be informed of the license and certification level

held by the mentor interpreter and mentee interpreter as required in

[4 CSR 232-3.020] 20 CSR 2232-3.020 and of the responsibilities of the mentor interpreter and mentee interpreter as defined in [4

CSR 232-3.030(4)] 20 CSR 2232-3.030(4).

AUTHORITY: section 209.328.1, RSMo 2000. This rule originally

filed as 4 CSR 232-3.030. Original rule filed March 18, 2005, effective Sept. 30, 2005. Moved to 20 CSR 2232-3.030, effective Aug. 28,

2006. Amended: Filed Dec. 14, 2007.

PUBLIC COST: This proposed amendment will not cost state agencies or political subdivisions more than five hundred dollars ($500)

in the aggregate.

PRIVATE COST: This proposed amendment will not cost private entities more than five hundred dollars ($500) in the aggregate.

NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in

support of or in opposition to this proposed amendment with the

Missouri State Committee of Interpreters, Pam Groose, Executive

Director, PO Box 1335, Jefferson City, MO 65102, or via email at

interpreters@pr.mo.gov. To be considered, comments must be

received within thirty (30) days after publication of this notice in the

Missouri Register. No public hearing is scheduled. 

Page 255 January 16, 2008

Vol. 33, No. 2 Missouri Register
Title 1—OFFICE OF ADMINISTRATION

Division 50—Missouri Ethics Commission

Chapter 1—Organization

ORDER OF RULEMAKING

By the authority vested in the Missouri Ethics Commission under

section 105.955.14(7), RSMo 2000, the commission amends a rule

as follows:

1 CSR 50-1.010 General Organization is amended.

A notice of proposed rulemaking containing the text of the proposed

amendment was published in the Missouri Register on October 1,

2007 (32 MoReg 1906). No changes have been made in the text of

the proposed amendment, so it is not reprinted here. This proposed

amendment becomes effective thirty (30) days after publication in the

Code of State Regulations.

SUMMARY OF COMMENTS: No comments were received.

Title 1—OFFICE OF ADMINISTRATION

Division 50—Missouri Ethics Commission

Chapter 2—Hearing Procedures for Contested Cases

ORDER OF RULEMAKING

By the authority vested in the Missouri Ethics Commission under

section 105.955.14(7), RSMo 2000, the commission amends a rule

as follows:

1 CSR 50-2.015 Initiation of Contested Case is amended.

A notice of proposed rulemaking containing the text of the proposed

amendment was published in the Missouri Register on October 1,

2007 (32 MoReg 1906–1907). No changes have been made in the

text of the proposed amendment, so it is not reprinted here. This

proposed amendment becomes effective thirty (30) days after publication in the Code of State Regulations.

SUMMARY OF COMMENTS: No comments were received.

Title 1—OFFICE OF ADMINISTRATION

Division 50—Missouri Ethics Commission

Chapter 2—Hearing Procedures for Contested Cases

ORDER OF RULEMAKING

By the authority vested in the Missouri Ethics Commission under

section 105.955.14(7), RSMo 2000, the commission amends a rule

as follows:

1 CSR 50-2.020 Pleadings is amended.

A notice of proposed rulemaking containing the text of the proposed

amendment was published in the Missouri Register on October 1,

2007 (32 MoReg 1907). No changes have been made in the text of

the proposed amendment, so it is not reprinted here. This proposed

amendment becomes effective thirty (30) days after publication in the

Code of State Regulations.

SUMMARY OF COMMENTS: No comments were received.

Title 1—OFFICE OF ADMINISTRATION

Division 50—Missouri Ethics Commission

Chapter 2—Hearing Procedures for Contested Cases

ORDER OF RULEMAKING

By the authority vested in the Missouri Ethics Commission under

section 105.955.14(7), RSMo 2000, the commission amends a rule

as follows:

1 CSR 50-2.060 Subpoenas and Subpoenas Duces Tecum

is amended.

A notice of proposed rulemaking containing the text of the proposed

amendment was published in the Missouri Register on October 1,

2007 (32 MoReg 1907). No changes have been made in the text of

the proposed amendment, so it is not reprinted here. This proposed

amendment becomes effective thirty (30) days after publication in the

Code of State Regulations.

SUMMARY OF COMMENTS: No comments were received.

Title 1—OFFICE OF ADMINISTRATION

Division 50—Missouri Ethics Commission

Chapter 2—Hearing Procedures for Contested Cases

ORDER OF RULEMAKING

By the authority vested in the Missouri Ethics Commission under

section 105.955.14(7), RSMo 2000, the commission amends a rule

as follows:

Orders of Rulemaking

256

This section will contain the final text of the rules proposed

by agencies. The order of rulemaking is required to contain a citation to the legal authority upon which the order of

rulemaking is based; reference to the date and page or pages

where the notice of proposed rulemaking was published in

the Missouri Register; an explanation of any change between

the text of the rule as contained in the notice of proposed

rulemaking and the text of the rule as finally adopted, together with the reason for any such change; and the full text of

any section or subsection of the rule as adopted which has

been changed from that contained in the notice of proposed

rulemaking. The effective date of the rule shall be not less

than thirty (30) days after the date of publication of the revision to the Code of State Regulations.

The agency is also required to make a brief summary of

the general nature and extent of comments submitted in

support of or opposition to the proposed rule and a concise

summary of the testimony presented at the hearing, if any,

held in connection with the rulemaking, together with a concise summary of the agency’s findings with respect to the

merits of any such testimony or comments which are

opposed in whole or in part to the proposed rule. The ninety

(90)-day period during which an agency shall file its order of

rulemaking for publication in the Missouri Register begins

either: 1) after the hearing on the proposed rulemaking is

held; or 2) at the end of the time for submission of comments

to the agency. During this period, the agency shall file with

the secretary of state the order of rulemaking, either putting

the proposed rule into effect, with or without further changes,

or withdrawing the proposed rule.

January 16, 2008

Vol. 33, No. 2

MISSOURI

REGISTER
1 CSR 50-2.070 Continuances is amended.

A notice of proposed rulemaking containing the text of the proposed

amendment was published in the Missouri Register on October 1,

2007 (32 MoReg 1907–1908). No changes have been made in the text

of the proposed amendment, so it is not reprinted here. This proposed amendment becomes effective thirty (30) days after publication

in the Code of State Regulations.

SUMMARY OF COMMENTS: No comments were received.

Title 1—OFFICE OF ADMINISTRATION

Division 50—Missouri Ethics Commission

Chapter 2—Hearing Procedures for Contested Cases

ORDER OF RULEMAKING

By the authority vested in the Missouri Ethics Commission under

section 105.955.14(7), RSMo 2000, the commission amends a rule

as follows:

1 CSR 50-2.080 Conduct of the Hearing is amended.

A notice of proposed rulemaking containing the text of the proposed

amendment was published in the Missouri Register on October 1,

2007 (32 MoReg 1908). No changes have been made in the text of

the proposed amendment, so it is not reprinted here. This proposed

amendment becomes effective thirty (30) days after publication in the

Code of State Regulations.

SUMMARY OF COMMENTS: No comments were received.

Title 1—OFFICE OF ADMINISTRATION

Division 50—Missouri Ethics Commission

Chapter 2—Hearing Procedures for Contested Cases

ORDER OF RULEMAKING

By the authority vested in the Missouri Ethics Commission under

section 105.955.14(7), RSMo 2000, the commission amends a rule

as follows:

1 CSR 50-2.090 Evidence is amended.

A notice of proposed rulemaking containing the text of the proposed

amendment was published in the Missouri Register on October 1,

2007 (32 MoReg 1908). No changes have been made in the text of

the proposed amendment, so it is not reprinted here. This proposed

amendment becomes effective thirty (30) days after publication in the

Code of State Regulations.

SUMMARY OF COMMENTS: No comments were received.

Title 1—OFFICE OF ADMINISTRATION

Division 50—Missouri Ethics Commission

Chapter 2—Hearing Procedures for Contested Cases

ORDER OF RULEMAKING

By the authority vested in the Missouri Ethics Commission under

section 105.955.14(7), RSMo 2000, the commission amends a rule

as follows:

1 CSR 50-2.150 Certification of Record is amended.

A notice of proposed rulemaking containing the text of the proposed

amendment was published in the Missouri Register on October 1,

2007 (32 MoReg 1908–1909). No changes have been made in the text

of the proposed amendment, so it is not reprinted here. This proposed amendment becomes effective thirty (30) days after publication

in the Code of State Regulations.

SUMMARY OF COMMENTS: No comments were received.

Title 3—DEPARTMENT OF CONSERVATION

Division 10—Conservation Commission

Chapter 4—Wildlife Code: General Provisions

ORDER OF RULEMAKING

By the authority vested in the Conservation Commission under sections 40 and 45 of Art. IV, Mo. Const., the commission amends a

rule as follows:

3 CSR 10-4.130 Owner May Protect Property; Public Safety

is amended.

A notice of proposed rulemaking containing the text of the proposed

amendment was published in the Missouri Register on November 1,

2007 (32 MoReg 2129). No changes have been made in the text of

the proposed amendment, so it is not reprinted here. This proposed

amendment becomes effective thirty (30) days after publication in the

Code of State Regulations.

SUMMARY OF COMMENTS: No comments were received.

Title 3—DEPARTMENT OF CONSERVATION

Division 10—Conservation Commission

Chapter 5—Wildlife Code: Permits

ORDER OF RULEMAKING

By the authority vested in the Conservation Commission under sections 40 and 45 of Art. IV, Mo. Const., the commission amends a

rule as follows:

3 CSR 10-5.205 is amended.

A notice of proposed rulemaking containing the text of the proposed

amendment was published in the Missouri Register on November 1,

2007 (32 MoReg 2129–2130). Those sections with changes are

reprinted here. This proposed amendment becomes effective thirty

(30) days after publication in the Code of State Regulations.

SUMMARY OF COMMENTS: No comments were received.

EXPLANATION OF CHANGE: The Apprentice Hunter Permit is

being retitled to Apprentice Hunter Authorization to better reflect

that this is an authorization which allows the purchase of hunting permits without hunter education certification. The term “permit” had

the potential of causing confusion with the public, permit vendors

and staff since it implies hunting is allowed without the additional

purchase of a hunting permit.

3 CSR 10-5.205 Permits Required; Exceptions 

(1) Any person who chases, pursues, takes, transports, ships, buys,

sells, possesses or uses wildlife in any manner must first obtain the

prescribed hunting, fishing, trapping or other permit, or be exempted under 3 CSR 10-9.110, with the following exceptions: 

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January 16, 2008

Vol. 33, No. 2

(G) Any person born on or after January 1, 1967 and at least sixteen (16) years of age and who does not possess a valid hunter education certificate card may purchase an Apprentice Hunter

Authorization for no more than two (2) consecutive permit years

(March 1 through the last day of February). The Apprentice Hunter

Authorization allows the holder to purchase any firearms hunting

permit as provided in this chapter (except the Youth Deer and Turkey

Hunting Permit) without display of a hunter education certificate

card. Such person must hunt in the immediate presence of a properly licensed adult hunter who is twenty-one (21) years of age or

older and who has in his/her possession a valid hunter education certificate card.

Title 3—DEPARTMENT OF CONSERVATION

Division 10—Conservation Commission

Chapter 5—Wildlife Code: Permits

ORDER OF RULEMAKING

By the authority vested in the Conservation Commission under sections 40 and 45 of Art. IV, Mo. Const., the commission amends a

rule as follows:

3 CSR 10-5.215 Permits and Privileges: How Obtained; Not

Transferable is amended.

A notice of proposed rulemaking containing the text of the proposed

amendment was published in the Missouri Register on November 1,

2007 (32 MoReg 2130–2131). No changes have been made in the

text of the proposed amendment, so it is not reprinted here. This

proposed amendment becomes effective thirty (30) days after publication in the Code of State Regulations.

SUMMARY OF COMMENTS: No comments were received.

Title 3—DEPARTMENT OF CONSERVATION

Division 10—Conservation Commission

Chapter 5—Wildlife Code: Permits

ORDER OF RULEMAKING

By the authority vested in the Conservation Commission under sections 40 and 45 of Art. IV, Mo. Const., the commission amends a

rule as follows:

3 CSR 10-5.220 Resident and Nonresident Permits is amended.

A notice of proposed rulemaking containing the text of the proposed

amendment was published in the Missouri Register on November 1,

2007 (32 MoReg 2131). No changes have been made in the text of

the proposed amendment, so it is not reprinted here. This proposed

amendment becomes effective thirty (30) days after publication in the

Code of State Regulations.

SUMMARY OF COMMENTS: No comments were received.

Title 3—DEPARTMENT OF CONSERVATION

Division 10—Conservation Commission

Chapter 5—Wildlife Code: Permits

ORDER OF RULEMAKING

By the authority vested in the Conservation Commission under sections 40 and 45 of Art. IV, Mo. Const., the commission amends a

rule as follows:

3 CSR 10-5.225 is amended.

A notice of proposed rulemaking containing the text of the proposed

amendment was published in the Missouri Register on November 1,

2007 (32 MoReg 2131). Those sections with changes are reprinted

here. This proposed amendment becomes effective thirty (30) days

after publication in the Code of State Regulations.

SUMMARY OF COMMENTS: No comments were received.

EXPLANATION OF CHANGE: The Apprentice Hunter Permit is

being retitled to Apprentice Hunter Authorization to better reflect

that this is an authorization which allows the purchase of hunting permits without hunter education certification. The term “permit” had

the potential of causing confusion with the public, permit vendors

and staff since it implies hunting is allowed without the additional

purchase of a hunting permit.

3 CSR 10-5.225 Permits: Permit Issuing Agents; Service Fees;

Other Provisions

(6) Firearms hunting permits may not be sold to any persons born on

or after January 1, 1967, unless an approved hunter education certificate card is displayed, or hunter education certification can be verified through direct access to computer data files; except that:

(A) Any firearms hunting permit (except Youth Deer and Turkey

Hunting Permit) may be sold to any person born on or after January

1, 1967 and at least sixteen (16) years of age who purchases an

Apprentice Hunter Authorization without display of a hunter education certificate card.

Title 3—DEPARTMENT OF CONSERVATION

Division 10—Conservation Commission

Chapter 5—Wildlife Code: Permits

ORDER OF RULEMAKING

By the authority vested in the Conservation Commission under sections 40 and 45 of Art. IV, Mo. Const., the commission adopts a rule

as follows:

3 CSR 10-5.300 is adopted.

A notice of proposed rulemaking containing the text of the proposed

rule was published in the Missouri Register on November 1, 2007 (32

MoReg 2131–2132). Those sections with changes are reprinted here.

This proposed rule becomes effective thirty (30) days after publication in the Code of State Regulations.

SUMMARY OF COMMENTS: No comments were received.

EXPLANATION OF CHANGE: The Apprentice Hunter Permit is

being retitled to Apprentice Hunter Authorization to better reflect

that this is an authorization which allows the purchase of hunting permits without hunter education certification. The term “permit” had

the potential of causing confusion with the public, permit vendors

and staff since it implies hunting is allowed without the additional

purchase of a hunting permit.

3 CSR 10-5.300 Apprentice Hunter Authorization 

PURPOSE: This rule provides for an Apprentice Hunter

Authorization which will allow a person born on or after January 1,

1967 but at least sixteen (16) years of age to purchase firearms hunting permits so that they may hunt without hunter education certification in the presence of a properly licensed hunter education certified

adult who is twenty-one (21) years of age or older. 

Page 258 Orders of Rulemaking
To allow the purchase of firearms hunting permits (except the Youth

Deer and Turkey Hunting Permit) by persons born on or after

January 1, 1967 and at least sixteen (16) years of age without display

of a hunter education certificate card. This authorization may be purchased annually for two (2) consecutive permit years (March 1

through the last day of February). Fee: ten dollars ($10).

Title 3—DEPARTMENT OF CONSERVATION

Division 10—Conservation Commission

Chapter 5—Wildlife Code: Permits

ORDER OF RULEMAKING

By the authority vested in the Conservation Commission under sections 40 and 45 of Art. IV, Mo. Const., the commission amends a

rule as follows:

3 CSR 10-5.310 Resident Lifetime Conservation Partner Permit

is amended.

A notice of proposed rulemaking containing the text of the proposed

amendment was published in the Missouri Register on November 1,

2007 (32 MoReg 2134). No changes have been made in the text of

the proposed amendment, so it is not reprinted here. This proposed

amendment becomes effective thirty (30) days after publication in the

Code of State Regulations.

SUMMARY OF COMMENTS: No comments were received.

Title 3—DEPARTMENT OF CONSERVATION

Division 10—Conservation Commission

Chapter 5—Wildlife Code: Permits

ORDER OF RULEMAKING

By the authority vested in the Conservation Commission under sections 40 and 45 of Art. IV, Mo. Const., the commission amends a

rule as follows:

3 CSR 10-5.315 Resident Lifetime Fishing Permit is amended.

A notice of proposed rulemaking containing the text of the proposed

amendment was published in the Missouri Register on November 1,

2007 (32 MoReg 2134). No changes have been made in the text of

the proposed amendment, so it is not reprinted here. This proposed

amendment becomes effective thirty (30) days after publication in the

Code of State Regulations.

SUMMARY OF COMMENTS: No comments were received.

Title 3—DEPARTMENT OF CONSERVATION

Division 10—Conservation Commission

Chapter 5—Wildlife Code: Permits

ORDER OF RULEMAKING

By the authority vested in the Conservation Commission under sections 40 and 45 of Art. IV, Mo. Const., the commission amends a

rule as follows:

3 CSR 10-5.320 Resident Lifetime Small Game Hunting Permit

is amended.

A notice of proposed rulemaking containing the text of the proposed

amendment was published in the Missouri Register on November 1,

2007 (32 MoReg 2134). No changes have been made in the text of

the proposed amendment, so it is not reprinted here. This proposed

amendment becomes effective thirty (30) days after publication in the

Code of State Regulations.

SUMMARY OF COMMENTS: No comments were received.

Title 3—DEPARTMENT OF CONSERVATION

Division 10—Conservation Commission

Chapter 6—Wildlife Code: Sport Fishing: Seasons,

Methods, Limits

ORDER OF RULEMAKING

By the authority vested in the Conservation Commission under sections 40 and 45 of Art. IV, Mo. Const., the commission amends a

rule as follows:

3 CSR 10-6.410 Fishing Methods is amended.

A notice of proposed rulemaking containing the text of the proposed

amendment was published in the Missouri Register on November 1,

2007 (32 MoReg 2134–2135). No changes have been made in the

text of the proposed amendment, so it is not reprinted here. This

proposed amendment becomes effective thirty (30) days after publication in the Code of State Regulations.

SUMMARY OF COMMENTS: No comments were received.

Title 3—DEPARTMENT OF CONSERVATION

Division 10—Conservation Commission

Chapter 6—Wildlife Code: Sport Fishing: Seasons,

Methods, Limits

ORDER OF RULEMAKING

By the authority vested in the Conservation Commission under sections 40 and 45 of Art. IV, Mo. Const., the commission amends a

rule as follows:

3 CSR 10-6.510 Channel Catfish, Blue Catfish, Flathead Catfish

is amended.

A notice of proposed rulemaking containing the text of the proposed

amendment was published in the Missouri Register on November 1,

2007 (32 MoReg 2135). No changes have been made in the text of

the proposed amendment, so it is not reprinted here. This proposed

amendment becomes effective thirty (30) days after publication in the

Code of State Regulations.

SUMMARY OF COMMENTS: No comments were received.

Title 3—DEPARTMENT OF CONSERVATION

Division 10—Conservation Commission

Chapter 6—Wildlife Code: Sport Fishing: Seasons,

Methods, Limits

ORDER OF RULEMAKING

By the authority vested in the Conservation Commission under sections 40 and 45 of Art. IV, Mo. Const., the commission amends a

rule as follows:

3 CSR 10-6.530 Goggle-eye (Ozark Bass, Rock Bass and 

Shadow Bass) and Warmouth is amended.

Page 259 January 16, 2008

Vol. 33, No. 2 Missouri Register
January 16, 2008

Vol. 33, No. 2

A notice of proposed rulemaking containing the text of the proposed

amendment was published in the Missouri Register on November 1,

2007 (32 MoReg 2135). No changes have been made in the text of

the proposed amendment, so it is not reprinted here. This proposed

amendment becomes effective thirty (30) days after publication in the

Code of State Regulations.

SUMMARY OF COMMENTS: No comments were received.

Title 3—DEPARTMENT OF CONSERVATION

Division 10—Conservation Commission

Chapter 6—Wildlife Code: Sport Fishing: Seasons,

Methods, Limits

ORDER OF RULEMAKING

By the authority vested in the Conservation Commission under sections 40 and 45 of Art. IV, Mo. Const., the commission amends a

rule as follows:

3 CSR 10-6.540 Walleye and Sauger is amended.

A notice of proposed rulemaking containing the text of the proposed

amendment was published in the Missouri Register on November 1,

2007 (32 MoReg 2135–2136). No changes have been made in the

text of the proposed amendment, so it is not reprinted here. This

proposed amendment becomes effective thirty (30) days after publication in the Code of State Regulations.

SUMMARY OF COMMENTS: No comments were received.

Title 3—DEPARTMENT OF CONSERVATION

Division 10—Conservation Commission

Chapter 6—Wildlife Code: Sport Fishing: Seasons,

Methods, Limits

ORDER OF RULEMAKING

By the authority vested in the Conservation Commission under sections 40 and 45 of Art. IV, Mo. Const., the commission amends a

rule as follows:

3 CSR 10-6.605 Live Bait is amended.

A notice of proposed rulemaking containing the text of the proposed

amendment was published in the Missouri Register on November 1,

2007 (32 MoReg 2136). No changes have been made in the text of

the proposed amendment, so it is not reprinted here. This proposed

amendment becomes effective thirty (30) days after publication in the

Code of State Regulations.

SUMMARY OF COMMENTS: No comments were received.

Title 3—DEPARTMENT OF CONSERVATION

Division 10—Conservation Commission

Chapter 7—Wildlife Code: Hunting: Seasons, Methods,

Limits

ORDER OF RULEMAKING

By the authority vested in the Conservation Commission under sections 40 and 45 of Art. IV, Mo. Const., the commission amends a

rule as follows:

3 CSR 10-7.431 Deer Hunting Seasons: General Provisions

is amended.

A notice of proposed rulemaking containing the text of the proposed

amendment was published in the Missouri Register on November 1,

2007 (32 MoReg 2136). No changes have been made in the text of

the proposed amendment, so it is not reprinted here. This proposed

amendment becomes effective thirty (30) days after publication in the

Code of State Regulations.

SUMMARY OF COMMENTS: No comments were received.

Title 3—DEPARTMENT OF CONSERVATION

Division 10—Conservation Commission

Chapter 7—Wildlife Code: Hunting: Seasons, Methods,

Limits

ORDER OF RULEMAKING

By the authority vested in the Conservation Commission under sections 40 and 45 of Art. IV, Mo. Const., the commission amends a

rule as follows:

3 CSR 10-7.445 Bullfrogs and Green Frogs: Seasons, Methods,

Limits is amended.

A notice of proposed rulemaking containing the text of the proposed

amendment was published in the Missouri Register on November 1,

2007 (32 MoReg 2136–2137). No changes have been made in the

text of the proposed amendment, so it is not reprinted here. This

proposed amendment becomes effective thirty (30) days after publication in the Code of State Regulations.

SUMMARY OF COMMENTS: No comments were received.

Title 3—DEPARTMENT OF CONSERVATION

Division 10—Conservation Commission

Chapter 7—Wildlife Code: Hunting: Seasons, Methods,

Limits

ORDER OF RULEMAKING

By the authority vested in the Conservation Commission under sections 40 and 45 of Art. IV, Mo. Const., the commission amends a

rule as follows:

3 CSR 10-7.450 Furbearers: Hunting Seasons, Methods

is amended.

A notice of proposed rulemaking containing the text of the proposed

amendment was published in the Missouri Register on November 1,

2007 (32 MoReg 2137). No changes have been made in the text of

the proposed amendment, so it is not reprinted here. This proposed

amendment becomes effective thirty (30) days after publication in the

Code of State Regulations.

SUMMARY OF COMMENTS: No comments were received.

Title 3—DEPARTMENT OF CONSERVATION

Division 10—Conservation Commission

Chapter 7—Wildlife Code: Hunting: Seasons, Methods,

Limits

ORDER OF RULEMAKING

By the authority vested in the Conservation Commission under sections 40 and 45 of Art. IV, Mo. Const., the commission amends a

rule as follows:

Page 260 Orders of Rulemaking
3 CSR 10-7.455 is amended.

This amendment establishes hunting seasons and limits and is excepted by section 536.021, RSMo from the requirement for filing as a

proposed amendment.

The Department of Conservation amended 3 CSR 10-7.455 by establishing seasons and limits for hunting turkeys during the 2008 youth

spring season.

3 CSR 10-7.455 Turkeys: Seasons, Methods, Limits 

PURPOSE: This amendment extends shooting hours during the 2008

youth spring turkey season to sunset.

(1) Turkeys may be pursued, taken, killed, possessed or transported

only as permitted in this rule.

(D) Youth Spring Season. The two (2)-day youth spring season will

begin annually on the Saturday nine (9) days prior to the Monday

opening of the spring season, except that when the youth season

would overlap with Easter weekend the season will open on the

Saturday prior to Easter weekend. A Missouri resident possessing a

Youth Deer and Turkey Hunting Permit or the prescribed turkey

hunting permit and who is at least six (6) but not older than fifteen

(15) years of age on the opening day of the youth spring season may

take only one (1) male turkey or turkey with visible beard during the

youth spring season. A turkey harvested during the youth spring season will count towards an individual’s spring season bag limit; individuals hunting under the prescribed turkey hunting permit may not

harvest a second bird during the first week of the spring season.

Turkeys may be taken only by shotgun with shot no larger than No.

4, or longbow, without the use of dogs, bait, electronic calls or live

decoys, from one-half (1/2) hour before sunrise to sunset. Possession

of electronic calls or shotshells loaded with shot larger than No. 4 is

prohibited while hunting turkeys.

SUMMARY OF PUBLIC COMMENT: Seasons and limits are

excepted from the requirement of filing as a proposed amendment

under section 536.021, RSMo.

This amendment filed December 17, 2007 effective January 1,

2008.

Title 3—DEPARTMENT OF CONSERVATION

Division 10—Conservation Commission

Chapter 8—Wildlife Code: Trapping: Seasons, Methods

ORDER OF RULEMAKING

By the authority vested in the Conservation Commission under sections 40 and 45 of Art. IV, Mo. Const., the commission amends a

rule as follows:

3 CSR 10-8.515 Furbearers: Hunting Seasons, Methods

is amended.

A notice of proposed rulemaking containing the text of the proposed

amendment was published in the Missouri Register on November 1,

2007 (32 MoReg 2137). No changes have been made in the text of

the proposed amendment, so it is not reprinted here. This proposed

amendment becomes effective thirty (30) days after publication in the

Code of State Regulations.

SUMMARY OF COMMENTS: No comments were received.

Title 3—DEPARTMENT OF CONSERVATION

Division 10—Conservation Commission

Chapter 9—Wildlife Code: Confined Wildlife: Privileges,

Permits, Standards

ORDER OF RULEMAKING

By the authority vested in the Conservation Commission under sections 40 and 45 of Art. IV, Mo. Const., the commission amends a

rule as follows:

3 CSR 10-9.353 Privileges of Class I and Class II Wildlife

Breeders is amended.

A notice of proposed rulemaking containing the text of the proposed

amendment was published in the Missouri Register on November 1,

2007 (32 MoReg 2137–2138). No changes have been made in the

text of the proposed amendment, so it is not reprinted here. This

proposed amendment becomes effective thirty (30) days after publication in the Code of State Regulations.

SUMMARY OF COMMENTS: No comments were received.

Title 3—DEPARTMENT OF CONSERVATION

Division 10—Conservation Commission

Chapter 9—Wildlife Code: Confined Wildlife: Privileges,

Permits, Standards

ORDER OF RULEMAKING

By the authority vested in the Conservation Commission under sections 40 and 45 of Art. IV, Mo. Const., the commission amends a

rule as follows:

3 CSR 10-9.359 Class I and Class II Wildlife Breeder: Records

Required is amended.

A notice of proposed rulemaking containing the text of the proposed

amendment was published in the Missouri Register on November 1,

2007 (32 MoReg 2138–2139). No changes have been made in the

text of the proposed amendment, so it is not reprinted here. This

proposed amendment becomes effective thirty (30) days after publication in the Code of State Regulations.

SUMMARY OF COMMENTS: No comments were received.

Title 3—DEPARTMENT OF CONSERVATION

Division 10—Conservation Commission

Chapter 10—Wildlife Code: Commercial Permits: 

Seasons, Methods, Limits

ORDER OF RULEMAKING

By the authority vested in the Conservation Commission under sections 40 and 45 of Art. IV, Mo. Const., the commission amends a

rule as follows:

3 CSR 10-10.711 Resident Fur Handlers Permit is amended.

A notice of proposed rulemaking containing the text of the proposed

amendment was published in the Missouri Register on November 1,

2007 (32 MoReg 2139). No changes have been made in the text of

the proposed amendment, so it is not reprinted here. This proposed

amendment becomes effective thirty (30) days after publication in the

Code of State Regulations.

Page 261 January 16, 2008

Vol. 33, No. 2 Missouri Register
January 16, 2008

Vol. 33, No. 2

SUMMARY OF COMMENTS: No comments were received.

Title 3—DEPARTMENT OF CONSERVATION

Division 10—Conservation Commission

Chapter 10—Wildlife Code: Commercial Permits:

Seasons, Methods, Limits

ORDER OF RULEMAKING

By the authority vested in the Conservation Commission under sections 40 and 45 of Art. IV, Mo. Const., the commission amends a

rule as follows:

3 CSR 10-10.720 Commercial Fishing Permit is amended.

A notice of proposed rulemaking containing the text of the proposed

amendment was published in the Missouri Register on November 1,

2007 (32 MoReg 2139). No changes have been made in the text of

the proposed amendment, so it is not reprinted here. This proposed

amendment becomes effective thirty (30) days after publication in the

Code of State Regulations.

SUMMARY OF COMMENTS: No comments were received.

Title 3—DEPARTMENT OF CONSERVATION

Division 10—Conservation Commission

Chapter 10—Wildlife Code: Commercial Permits: 

Seasons, Methods, Limits

ORDER OF RULEMAKING

By the authority vested in the Conservation Commission under sections 40 and 45 of Art. IV, Mo. Const., the commission amends a

rule as follows:

3 CSR 10-10.722 Resident Shovelnose Sturgeon Commercial 

Harvest Permit is amended.

A notice of proposed rulemaking containing the text of the proposed

amendment was published in the Missouri Register on November 1,

2007 (32 MoReg 2139–2140). No changes have been made in the

text of the proposed amendment, so it is not reprinted here. This

proposed amendment becomes effective thirty (30) days after publication in the Code of State Regulations.

SUMMARY OF COMMENTS: No comments were received.

Title 3—DEPARTMENT OF CONSERVATION

Division 10—Conservation Commission

Chapter 10—Wildlife Code: Commercial Permits: 

Seasons, Methods, Limits

ORDER OF RULEMAKING

By the authority vested in the Conservation Commission under sections 40 and 45 of Art. IV, Mo. Const., the commission amends a

rule as follows:

3 CSR 10-10.724 Nonresident Mississippi River Shovelnose 

Sturgeon Commercial Harvest Permit is amended.

A notice of proposed rulemaking containing the text of the proposed

amendment was published in the Missouri Register on November 1,

2007 (32 MoReg 2140). No changes have been made in the text of

the proposed amendment, so it is not reprinted here. This proposed

amendment becomes effective thirty (30) days after publication in the

Code of State Regulations.

SUMMARY OF COMMENTS: No comments were received.

Title 3—DEPARTMENT OF CONSERVATION

Division 10—Conservation Commission

Chapter 10—Wildlife Code: Commercial Permits: 

Seasons, Methods, Limits

ORDER OF RULEMAKING

By the authority vested in the Conservation Commission under sections 40 and 45 of Art. IV, Mo. Const., the commission amends a

rule as follows:

3 CSR 10-10.725 Commercial Fishing: Seasons, Methods

is amended.

A notice of proposed rulemaking containing the text of the proposed

amendment was published in the Missouri Register on November 1,

2007 (32 MoReg 2140). No changes have been made in the text of

the proposed amendment, so it is not reprinted here. This proposed

amendment becomes effective thirty (30) days after publication in the

Code of State Regulations.

SUMMARY OF COMMENTS: No comments were received.

Title 3—DEPARTMENT OF CONSERVATION

Division 10—Conservation Commission

Chapter 10—Wildlife Code: Commercial Permits: 

Seasons, Methods, Limits

ORDER OF RULEMAKING

By the authority vested in the Conservation Commission under sections 40 and 45 of Art. IV, Mo. Const., the commission amends a

rule as follows:

3 CSR 10-10.767 Taxidermy; Tanning: Permits, Privileges,

Requirements is amended.

A notice of proposed rulemaking containing the text of the proposed

amendment was published in the Missouri Register on November 1,

2007 (32 MoReg 2140–2141). No changes have been made in the

text of the proposed amendment, so it is not reprinted here. This

proposed amendment becomes effective thirty (30) days after publication in the Code of State Regulations.

SUMMARY OF COMMENTS: No comments were received.

Title 3—DEPARTMENT OF CONSERVATION

Division 10—Conservation Commission

Chapter 11—Wildlife Code: Special Regulations for

Department Areas

ORDER OF RULEMAKING

By the authority vested in the Conservation Commission under sections 40 and 45 of Art. IV, Mo. Const., the commission amends a

rule as follows:

3 CSR 10-11.115 Closings is amended.

Page 262 Orders of Rulemaking
A notice of proposed rulemaking containing the text of the proposed

amendment was published in the Missouri Register on November 1,

2007 (32 MoReg 2141–2142). No changes have been made in the

text of the proposed amendment, so it is not reprinted here. This

proposed amendment becomes effective thirty (30) days after publication in the Code of State Regulations.

SUMMARY OF COMMENTS: No comments were received.

Title 3—DEPARTMENT OF CONSERVATION

Division 10—Conservation Commission

Chapter 11—Wildlife Code: Special Regulations for

Department Areas

ORDER OF RULEMAKING

By the authority vested in the Conservation Commission under sections 40 and 45 of Art. IV, Mo. Const., the commission amends a

rule as follows:

3 CSR 10-11.120 Pets and Hunting Dogs is amended.

A notice of proposed rulemaking containing the text of the proposed

amendment was published in the Missouri Register on November 1,

2007 (32 MoReg 2142). No changes have been made in the text of

the proposed amendment, so it is not reprinted here. This proposed

amendment becomes effective thirty (30) days after publication in the

Code of State Regulations.

SUMMARY OF COMMENTS: No comments were received.

Title 3—DEPARTMENT OF CONSERVATION

Division 10—Conservation Commission

Chapter 11—Wildlife Code: Special Regulations for

Department Areas

ORDER OF RULEMAKING

By the authority vested in the Conservation Commission under sections 40 and 45 of Art. IV, Mo. Const., the commission amends a

rule as follows:

3 CSR 10-11.135 Wild Plants, Plant Products, and Mushrooms

is amended.

A notice of proposed rulemaking containing the text of the proposed

amendment was published in the Missouri Register on November 1,

2007 (32 MoReg 2142). No changes have been made in the text of

the proposed amendment, so it is not reprinted here. This proposed

amendment becomes effective thirty (30) days after publication in the

Code of State Regulations.

SUMMARY OF COMMENTS: No comments were received.

Title 3—DEPARTMENT OF CONSERVATION

Division 10—Conservation Commission

Chapter 11—Wildlife Code: Special Regulations for

Department Areas

ORDER OF RULEMAKING

By the authority vested in the Conservation Commission under sections 40 and 45 of Art. IV, Mo. Const., the commission amends a

rule as follows:

3 CSR 10-11.160 Use of Boats and Motors is amended.

A notice of proposed rulemaking containing the text of the proposed

amendment was published in the Missouri Register on November 1,

2007 (32 MoReg 2142–2143). No changes have been made in the

text of the proposed amendment, so it is not reprinted here. This

proposed amendment becomes effective thirty (30) days after publication in the Code of State Regulations.

SUMMARY OF COMMENTS: No comments were received.

Title 3—DEPARTMENT OF CONSERVATION

Division 10—Conservation Commission

Chapter 11—Wildlife Code: Special Regulations for

Department Areas

ORDER OF RULEMAKING

By the authority vested in the Conservation Commission under sections 40 and 45 of Art. IV, Mo. Const., the commission amends a

rule as follows:

3 CSR 10-11.165 Bullfrogs and Green Frogs is amended.

A notice of proposed rulemaking containing the text of the proposed

amendment was published in the Missouri Register on November 1,

2007 (32 MoReg 2143). No changes have been made in the text of

the proposed amendment, so it is not reprinted here. This proposed

amendment becomes effective thirty (30) days after publication in the

Code of State Regulations.

SUMMARY OF COMMENTS: No comments were received.

Title 3—DEPARTMENT OF CONSERVATION

Division 10—Conservation Commission

Chapter 11—Wildlife Code: Special Regulations for

Department Areas

ORDER OF RULEMAKING

By the authority vested in the Conservation Commission under sections 40 and 45 of Art. IV, Mo. Const., the commission amends a

rule as follows:

3 CSR 10-11.180 Hunting, General Provisions and Seasons

is amended.

A notice of proposed rulemaking containing the text of the proposed

amendment was published in the Missouri Register on November 1,

2007 (32 MoReg 2143–2144). No changes have been made in the

text of the proposed amendment, so it is not reprinted here. This

proposed amendment becomes effective thirty (30) days after publication in the Code of State Regulations.

SUMMARY OF COMMENTS: No comments were received.

Title 3—DEPARTMENT OF CONSERVATION

Division 10—Conservation Commission

Chapter 11—Wildlife Code: Special Regulations for

Department Areas

ORDER OF RULEMAKING

By the authority vested in the Conservation Commission under sections 40 and 45 of Art. IV, Mo. Const., the commission adopts a rule

as follows:

3 CSR 10-11.181 Turkeys: Special Hunts is adopted.

Page 263 January 16, 2008

Vol. 33, No. 2 Missouri Register
January 16, 2008

Vol. 33, No. 2

A notice of proposed rulemaking containing the text of the proposed

rule was published in the Missouri Register on November 1, 2007 (32

MoReg 2144). No changes have been made in the text of the proposed rule, so it is not reprinted here. This proposed rule becomes

effective thirty (30) days after publication in the Code of State

Regulations.

SUMMARY OF COMMENTS: No comments were received.

Title 3—DEPARTMENT OF CONSERVATION

Division 10—Conservation Commission

Chapter 11—Wildlife Code: Special Regulations for

Department Areas

ORDER OF RULEMAKING

By the authority vested in the Conservation Commission under sections 40 and 45 of Art. IV, Mo. Const., the commission amends a

rule as follows:

3 CSR 10-11.186 Waterfowl Hunting is amended.

A notice of proposed rulemaking containing the text of the proposed

amendment was published in the Missouri Register on November 1,

2007 (32 MoReg 2144–2145). No changes have been made in the

text of the proposed amendment, so it is not reprinted here. This

proposed amendment becomes effective thirty (30) days after publication in the Code of State Regulations.

SUMMARY OF COMMENTS: No comments were received.

Title 3—DEPARTMENT OF CONSERVATION

Division 10—Conservation Commission

Chapter 11—Wildlife Code: Special Regulations for

Department Areas

ORDER OF RULEMAKING

By the authority vested in the Conservation Commission under sections 40 and 45 of Art. IV, Mo. Const., the commission amends a

rule as follows:

3 CSR 10-11.205 Fishing, Methods and Hours is amended.

A notice of proposed rulemaking containing the text of the proposed

amendment was published in the Missouri Register on November 1,

2007 (32 MoReg 2145). No changes have been made in the text of

the proposed amendment, so it is not reprinted here. This proposed

amendment becomes effective thirty (30) days after publication in the

Code of State Regulations.

SUMMARY OF COMMENTS: No comments were received.

Title 3—DEPARTMENT OF CONSERVATION

Division 10—Conservation Commission

Chapter 11—Wildlife Code: Special Regulations for

Department Areas

ORDER OF RULEMAKING

By the authority vested in the Conservation Commission under sections 40 and 45 of Art. IV, Mo. Const., the commission amends a

rule as follows:

3 CSR 10-11.210 Fishing, Daily and Possession Limits

is amended.

A notice of proposed rulemaking containing the text of the proposed

amendment was published in the Missouri Register on November 1,

2007 (32 MoReg 2145–2146). No changes have been made in the

text of the proposed amendment, so it is not reprinted here. This

proposed amendment becomes effective thirty (30) days after publication in the Code of State Regulations.

SUMMARY OF COMMENTS: No comments were received.

Title 3—DEPARTMENT OF CONSERVATION

Division 10—Conservation Commission

Chapter 11—Wildlife Code: Special Regulations for

Department Areas

ORDER OF RULEMAKING

By the authority vested in the Conservation Commission under sections 40 and 45 of Art. IV, Mo. Const., the commission amends a

rule as follows:

3 CSR 10-11.215 Fishing, Length Limits is amended.

A notice of proposed rulemaking containing the text of the proposed

amendment was published in the Missouri Register on November 1,

2007 (32 MoReg 2146–2147). No changes have been made in the

text of the proposed amendment, so it is not reprinted here. This

proposed amendment becomes effective thirty (30) days after publication in the Code of State Regulations.

SUMMARY OF COMMENTS: No comments were received.

Title 3—DEPARTMENT OF CONSERVATION

Division 10—Conservation Commission

Chapter 12—Wildlife Code: Special Regulations for

Areas Owned by Other Entities

ORDER OF RULEMAKING

By the authority vested in the Conservation Commission under sections 40 and 45 of Art. IV, Mo. Const., the commission amends a

rule as follows:

3 CSR 10-12.109 Closed Hours is amended.

A notice of proposed rulemaking containing the text of the proposed

amendment was published in the Missouri Register on November 1,

2007 (32 MoReg 2147). No changes have been made in the text of

the proposed amendment, so it is not reprinted here. This proposed

amendment becomes effective thirty (30) days after publication in the

Code of State Regulations.

SUMMARY OF COMMENTS: No comments were received.

Title 3—DEPARTMENT OF CONSERVATION

Division 10—Conservation Commission

Chapter 12—Wildlife Code: Special Regulations for

Areas Owned by Other Entities

ORDER OF RULEMAKING

By the authority vested in the Conservation Commission under sections 40 and 45 of Art. IV, Mo. Const., the commission amends a

rule as follows:

3 CSR 10-12.110 Use of Boats and Motors is amended.

Page 264 Orders of Rulemaking
A notice of proposed rulemaking containing the text of the proposed

amendment was published in the Missouri Register on November 1,

2007 (32 MoReg 2148). No changes have been made in the text of

the proposed amendment, so it is not reprinted here. This proposed

amendment becomes effective thirty (30) days after publication in the

Code of State Regulations.

SUMMARY OF COMMENTS: No comments were received.

Title 3—DEPARTMENT OF CONSERVATION

Division 10—Conservation Commission

Chapter 12—Wildlife Code: Special Regulations for

Areas Owned by Other Entities

ORDER OF RULEMAKING

By the authority vested in the Conservation Commission under sections 40 and 45 of Art. IV, Mo. Const., the commission amends a

rule as follows:

3 CSR 10-12.125 Hunting and Trapping is amended.

A notice of proposed rulemaking containing the text of the proposed

amendment was published in the Missouri Register on November 1,

2007 (32 MoReg 2148–2149). No changes have been made in the

text of the proposed amendment, so it is not reprinted here. This

proposed amendment becomes effective thirty (30) days after publication in the Code of State Regulations.

SUMMARY OF COMMENTS: No comments were received.

Title 3—DEPARTMENT OF CONSERVATION

Division 10—Conservation Commission

Chapter 12—Wildlife Code: Special Regulations for

Areas Owned by Other Entities

ORDER OF RULEMAKING

By the authority vested in the Conservation Commission under sections 40 and 45 of Art. IV, Mo. Const., the commission amends a

rule as follows:

3 CSR 10-12.130 Fishing, General Provisions and Seasons

is amended.

A notice of proposed rulemaking containing the text of the proposed

amendment was published in the Missouri Register on November 1,

2007 (32 MoReg 2149). No changes have been made in the text of

the proposed amendment, so it is not reprinted here. This proposed

amendment becomes effective thirty (30) days after publication in the

Code of State Regulations.

SUMMARY OF COMMENTS: No comments were received.

Title 3—DEPARTMENT OF CONSERVATION

Division 10—Conservation Commission

Chapter 12—Wildlife Code: Special Regulations for

Areas Owned by Other Entities

ORDER OF RULEMAKING

By the authority vested in the Conservation Commission under sections 40 and 45 of Art. IV, Mo. Const., the commission amends a

rule as follows:

3 CSR 10-12.150 Fishing, Trout Parks is amended.

A notice of proposed rulemaking containing the text of the proposed

amendment was published in the Missouri Register on November 1,

2007 (32 MoReg 2149). No changes have been made in the text of

the proposed amendment, so it is not reprinted here. This proposed

amendment becomes effective thirty (30) days after publication in the

Code of State Regulations.

SUMMARY OF COMMENTS: No comments were received.

Title 3—DEPARTMENT OF CONSERVATION

Division 10—Conservation Commission

Chapter 20—Wildlife Code: Definitions

ORDER OF RULEMAKING

By the authority vested in the Conservation Commission under sections 40 and 45 of Art. IV, Mo. Const., the commission amends a

rule as follows:

3 CSR 10-20.805 Definitions is amended.

A notice of proposed rulemaking containing the text of the proposed

amendment was published in the Missouri Register on November 1,

2007 (32 MoReg 2149–2150). No changes have been made in the

text of the proposed amendment, so it is not reprinted here. This

proposed amendment becomes effective thirty (30) days after publication in the Code of State Regulations.

SUMMARY OF COMMENTS: No comments were received.

Title 7—DEPARTMENT OF TRANSPORTATION

Division 10—Missouri Highways and Transportation

Commission

Chapter 25—Motor Carrier Operations

ORDER OF RULEMAKING

By the authority vested in the Missouri Highways and Transportation

Commission under sections 142.617, 226.130, and 301.275, RSMo

2000 and 226.008, RSMo Supp. 2007, the commission amends a

rule as follows:

7 CSR 10-25.030 Apportioned Registration Pursuant to the 

International Registration Plan is amended.

A notice of proposed rulemaking containing the text of the proposed

amendment was published in the Missouri Register on September 17,

2007 (32 MoReg 1550–1555). No changes have been made in the

text of the proposed amendment, so it is not reprinted here. This

proposed amendment becomes effective on July 1, 2008.

SUMMARY OF COMMENTS: No comments were received.

Title 7—DEPARTMENT OF TRANSPORTATION

Division 10—Missouri Highways and Transportation

Commission

Chapter 25—Motor Carrier Operations

ORDER OF RULEMAKING

By the authority vested in the Missouri Highways and Transportation

Commission under sections 226.130 and 301.275, RSMo 2000 and

226.008, RSMo Supp. 2007, the commission amends a rule as follows:

7 CSR 10-25.050 Reciprocity with Other States—Registration

of Trailers is amended.

Page 265 January 16, 2008

Vol. 33, No. 2 Missouri Register
January 16, 2008

Vol. 33, No. 2

A notice of proposed rulemaking containing the text of the proposed

amendment was published in the Missouri Register on September 17,

2007 (32 MoReg 1575–1576). No changes have been made in the

text of the proposed amendment, so it is not reprinted here. This

proposed amendment becomes effective thirty (30) days after publication in the Code of State Regulations.

SUMMARY OF COMMENTS: No comments were received.

Title 7—DEPARTMENT OF TRANSPORTATION

Division 10—Missouri Highways and Transportation

Commission

Chapter 25—Motor Carrier Operations

ORDER OF RULEMAKING

By the authority vested in the Missouri Highways and Transportation

Commission under sections 142.830, 226.130, 301.265, 301.267,

and 301.275, RSMo 2000 and 226.008 and 390.136, RSMo Supp.

2007, the commission amends a rule as follows:

7 CSR 10-25.060 Trip Permits and Hunter’s (Unladen) 

Permits is amended.

A notice of proposed rulemaking containing the text of the proposed

amendment was published in the Missouri Register on September 17,

2007 (32 MoReg 1577–1578). No changes have been made in the

text of the proposed amendment, so it is not reprinted here. This

proposed amendment becomes effective thirty (30) days after publication in the Code of State Regulations.

SUMMARY OF COMMENTS: No comments were received.

Title 7—DEPARTMENT OF TRANSPORTATION

Division 10—Missouri Highways and Transportation

Commission

Chapter 25—Motor Carrier Operations

ORDER OF RULEMAKING

By the authority vested in the Missouri Highways and Transportation

Commission under sections 142.617, 226.130, and 301.275, RSMo

2000 and 226.008, RSMo Supp. 2007, the commission amends a

rule as follows:

7 CSR 10-25.070 Definitions is amended.

A notice of proposed rulemaking containing the text of the proposed

amendment was published in the Missouri Register on September 17,

2007 (32 MoReg 1578–1579). No changes have been made in the

text of the proposed amendment, so it is not reprinted here. This

proposed amendment becomes effective thirty (30) days after publication in the Code of State Regulations.

SUMMARY OF COMMENTS: No comments were received.

Title 7—DEPARTMENT OF TRANSPORTATION

Division 10—Missouri Highways and Transportation

Commission

Chapter 25—Motor Carrier Operations

ORDER OF RULEMAKING

By the authority vested in the Missouri Highways and Transportation

Commission under sections 142.617, 226.130, and 301.275, RSMo

2000 and 226.008, RSMo Supp. 2007, the commission amends a

rule as follows:

7 CSR 10-25.071 Application for International Fuel Tax 

Agreement License is amended.

A notice of proposed rulemaking containing the text of the proposed

amendment was published in the Missouri Register on September 17,

2007 (32 MoReg 1579–1580). No changes have been made in the

text of the proposed amendment, so it is not reprinted here. This

proposed amendment becomes effective thirty (30) days after publication in the Code of State Regulations.

SUMMARY OF COMMENTS: No comments were received.

Title 7—DEPARTMENT OF TRANSPORTATION

Division 10—Missouri Highways and Transportation

Commission

Chapter 25—Motor Carrier Operations

ORDER OF RULEMAKING

By the authority vested in the Missouri Highways and Transportation

Commission under sections 142.617, 226.130, and 301.275, RSMo

2000 and 226.008, RSMo Supp. 2007, the commission amends a

rule as follows:

7 CSR 10-25.072 Fuel Tax Returns is amended.

A notice of proposed rulemaking containing the text of the proposed

amendment was published in the Missouri Register on September 17,

2007 (32 MoReg 1580–1582). No changes have been made in the

text of the proposed amendment, so it is not reprinted here. This

proposed amendment becomes effective thirty (30) days after publication in the Code of State Regulations.

SUMMARY OF COMMENTS: No comments were received.

Title 7—DEPARTMENT OF TRANSPORTATION

Division 10—Missouri Highways and Transportation

Commission

Chapter 25—Motor Carrier Operations

ORDER OF RULEMAKING

By the authority vested in the Missouri Highways and Transportation

Commission under sections 142.617 and 301.275, RSMo 2000 and

226.008, RSMo Supp. 2007, the commission amends a rule as follows:

7 CSR 10-25.073 Record Keeping Requirements is amended.

A notice of proposed rulemaking containing the text of the proposed

amendment was published in the Missouri Register on September 17,

2007 (32 MoReg 1582). No changes have been made in the text of

the proposed amendment, so it is not reprinted here. This proposed

amendment becomes effective thirty (30) days after publication in the

Code of State Regulations.

SUMMARY OF COMMENTS: No comments were received.

Title 7—DEPARTMENT OF TRANSPORTATION

Division 10—Missouri Highways and Transportation

Commission

Chapter 25—Motor Carrier Operations

ORDER OF RULEMAKING

By the authority vested in the Missouri Highways and Transportation

Commission under sections 226.130 and 301.275, RSMo 2000 and

Page 266 Orders of Rulemaking
226.008, RSMo Supp. 2007, the commission amends a rule as follows:

7 CSR 10-25.080 Investigation and Audits is amended.

A notice of proposed rulemaking containing the text of the proposed

amendment was published in the Missouri Register on September 17,

2007 (32 MoReg 1576–1577). No changes have been made in the

text of the proposed amendment, so it is not reprinted here. This

proposed amendment becomes effective on July 1, 2008.

SUMMARY OF COMMENTS: No comments were received.

Title 7—DEPARTMENT OF TRANSPORTATION

Division 10—Missouri Highways and Transportation

Commission

Chapter 25—Motor Carrier Operations

ORDER OF RULEMAKING

By the authority vested in the Missouri Highways and Transportation

Commission under sections 142.617, 226.130, and 301.275, RSMo

2000 and 226.008, RSMo Supp. 2007, the commission amends a

rule as follows:

7 CSR 10-25.090 Appeals is amended.

A notice of proposed rulemaking containing the text of the proposed

amendment was published in the Missouri Register on September 17,

2007 (32 MoReg 1583). No changes have been made in the text of

the proposed amendment, so it is not reprinted here. This proposed

amendment becomes effective thirty (30) days after publication in the

Code of State Regulations.

SUMMARY OF COMMENTS: No comments were received.

Title 12—DEPARTMENT OF REVENUE

Division 10—Director of Revenue

Chapter 3—State Sales Tax

ORDER OF RULEMAKING

By the authority vested in the director of revenue under section

144.270, RSMo 2000, the director rescinds a rule as follows:

12 CSR 10-3.184 Electricity, Water and Gas is rescinded.

A notice of proposed rulemaking containing the proposed rescission

was published in the Missouri Register on September 17, 2007 (32

MoReg 1555–1556). No changes have been made in the proposed

rescission, so it is not reprinted here. This proposed rescission

becomes effective thirty (30) days after publication in the Code of

State Regulations.

SUMMARY OF COMMENTS: No comments were received.

Title 12—DEPARTMENT OF REVENUE

Division 10—Director of Revenue

Chapter 3—State Sales Tax

ORDER OF RULEMAKING

By the authority vested in the director of revenue under section

144.270, RSMo 2000, the director rescinds a rule as follows:

12 CSR 10-3.466 Revocation Orders is rescinded.

A notice of proposed rulemaking containing the proposed rescission

was published in the Missouri Register on September 17, 2007 (32

MoReg 1556). No changes have been made in the proposed rescission, so it is not reprinted here. This proposed rescission becomes

effective thirty (30) days after publication in the Code of State

Regulations.

SUMMARY OF COMMENTS: No comments were received.

Title 12—DEPARTMENT OF REVENUE

Division 10—Director of Revenue

Chapter 3—State Sales Tax

ORDER OF RULEMAKING

By the authority vested in the director of revenue under section

144.270, RSMo 2000, the director rescinds a rule as follows:

12 CSR 10-3.468 Retail Sales Tax License Necessary

is rescinded.

A notice of proposed rulemaking containing the proposed rescission

was published in the Missouri Register on September 17, 2007 (32

MoReg 1556). No changes have been made in the proposed rescission, so it is not reprinted here. This proposed rescission becomes

effective thirty (30) days after publication in the Code of State

Regulations.

SUMMARY OF COMMENTS: No comments were received.

Title 12—DEPARTMENT OF REVENUE

Division 10—Director of Revenue

Chapter 6—Motor Vehicle Fuel Tax

ORDER OF RULEMAKING

By the authority vested in the director of revenue under sections

142.818 and 142.824, RSMo 2000 and 136.035 and 144.030, RSMo

Supp. 2007, the director adopts a rule as follows:

12 CSR 10-6.100 Motor Fuel Tax Exemption for Operators of

Public Mass Transportation Service is adopted.

A notice of proposed rulemaking containing the text of the proposed

rule was published in the Missouri Register on September 17, 2007

(32 MoReg 1556–1558). No changes have been made in the text of

the proposed rule, so it is not reprinted here. This proposed rule

becomes effective thirty (30) days after publication in the Code of

State Regulations.

SUMMARY OF COMMENTS: No comments were received.

Title 12—DEPARTMENT OF REVENUE

Division 10—Director of Revenue

Chapter 22—Senior Citizens Tax Relief

ORDER OF RULEMAKING

By the authority vested in the director of revenue under section

143.961, RSMo 2000, the director rescinds a rule as follows:

12 CSR 10-22.010 Senior Citizen Claim Form is rescinded.

Page 267 January 16, 2008

Vol. 33, No. 2 Missouri Register
January 16, 2008

Vol. 33, No. 2

A notice of proposed rulemaking containing the proposed rescission

was published in the Missouri Register on September 17, 2007 (32

MoReg 1559). No changes have been made in the proposed rescission, so it is not reprinted here. This proposed rescission becomes

effective thirty (30) days after publication in the Code of State

Regulations.

SUMMARY OF COMMENTS: No comments were received.

Title 12—DEPARTMENT OF REVENUE

Division 10—Director of Revenue

Chapter 22—Senior Citizens Tax Relief

ORDER OF RULEMAKING

By the authority vested in the director of revenue under section

143.961, RSMo 2000, the director rescinds a rule as follows:

12 CSR 10-22.020 Eligibility to File Claim(s) by Married Persons

is rescinded.

A notice of proposed rulemaking containing the proposed rescission

was published in the Missouri Register on September 17, 2007 (32

MoReg 1559). No changes have been made in the proposed rescission, so it is not reprinted here. This proposed rescission becomes

effective thirty (30) days after publication in the Code of State

Regulations.

SUMMARY OF COMMENTS: No comments were received.

Title 12—DEPARTMENT OF REVENUE

Division 10—Director of Revenue

Chapter 23—Motor Vehicle

ORDER OF RULEMAKING

By the authority vested in the director of revenue under section

301.218, RSMo Supp. 2007, the director rescinds a rule as follows:

12 CSR 10-23.365 Issuance of Nonresident Salvage-Buyer’s 

Identification Card is rescinded.

A notice of proposed rulemaking containing the proposed rescission

was published in the Missouri Register on September 17, 2007 (32

MoReg 1559). No changes have been made in the proposed rescission, so it is not reprinted here. This proposed rescission becomes

effective thirty (30) days after publication in the Code of State

Regulations.

SUMMARY OF COMMENTS: No comments were received.

Title 12—DEPARTMENT OF REVENUE

Division 10—Director of Revenue

Chapter 24—Driver License Bureau Rules

ORDER OF RULEMAKING

By the authority vested in the director of revenue under sections

302.755, RSMo Supp. 2007 and 302.765, RSMo 2000, the director

amends a rule as follows:

12 CSR 10-24.444 Ten-Year Disqualification is amended.

A notice of proposed rulemaking containing the text of the proposed

amendment was published in the Missouri Register on September 17,

2007 (32 MoReg 1559–1560). No changes have been made in the

text of the proposed amendment, so it is not reprinted here. This proposed amendment becomes effective thirty (30) days after publication in the Code of State Regulations.

SUMMARY OF COMMENTS: No comments were received.

Title 12—DEPARTMENT OF REVENUE

Division 10—Director of Revenue

Chapter 26—Dealer Licensure

ORDER OF RULEMAKING

By the authority vested in the director of revenue under sections

301.553, RSMo 2000 and 301.566, RSMo Supp. 2007, the director

adopts a rule as follows:

12 CSR 10-26.200 Out-of-State Dealer Request to Participate in

Missouri Recreational Vehicle Show or Exhibit is adopted.

A notice of proposed rulemaking containing the text of the proposed

rule was published in the Missouri Register on September 17, 2007

(32 MoReg 1560). No changes have been made in the text of the proposed rule, so it is not reprinted here. This proposed rule becomes

effective thirty (30) days after publication in the Code of State

Regulations.

SUMMARY OF COMMENTS: No comments were received.

Title 12—DEPARTMENT OF REVENUE

Division 10—Director of Revenue

Chapter 103—Sales/Use Tax—Imposition of Tax

ORDER OF RULEMAKING

By the authority vested in the director of revenue under section

144.270, RSMo 2000, the director amends a rule as follows:

12 CSR 10-103.380 Photographers, Photofinishers and 

Photoengravers, as Defined in Section 144.030, RSMo

is amended.

A notice of proposed rulemaking containing the text of the proposed

amendment was published in the Missouri Register on September 17,

2007 (32 MoReg 1560–1561). No changes have been made in the

text of the proposed amendment, so it is not reprinted here. This proposed amendment becomes effective thirty (30) days after publication in the Code of State Regulations.

SUMMARY OF COMMENTS: No comments were received.

Title 12—DEPARTMENT OF REVENUE

Division 10—Director of Revenue

Chapter 103—Sales/Use Tax—Imposition of Tax

ORDER OF RULEMAKING

By the authority vested in the director of revenue under sections

144.270, RSMo 2000 and 144.054, RSMo Supp. 2007, the director

adopts a rule as follows:

12 CSR 10-103.381 is adopted.

A notice of proposed rulemaking containing the text of the proposed

rule was published in the Missouri Register on September 17, 2007

Page 268 Orders of Rulemaking
(32 MoReg 1561). Changes have been made and those sections with

changes are reprinted here. This proposed rule becomes effective

thirty (30) days after publication in the Code of State Regulations.

SUMMARY OF COMMENTS: The department received one (1) letter of formal comment.

COMMENT: The commenter suggests that the department amend

the rule to include “and use” after the phrase “state sales” and suggests this change be made to section (1) and subsections (3)(A) and

(4)(A).

RESPONSE AND EXPLANATION OF CHANGE: After review the

department has changed the rule to read, “state tax and local use

tax.” Changes have been made to the purpose, section and subsections addressed.

12 CSR 10-103.381 Items Used or Consumed by Photographers,

Photofinishers and Photoengravers, as Defined in Section

144.054, RSMo

PURPOSE: Section 144.054.2, RSMo, exempts from state tax and

local use tax, but not local sales tax, machinery, equipment, materials and chemicals used or consumed in manufacturing, processing,

compounding, mining or producing any product or used in research

and development related to manufacturing, processing, compounding, mining or producing any product. This rule explains the exemption for photographers, photofinishers and photoengravers.

(1) In general, purchases of machinery, equipment, materials and

chemicals used or consumed in manufacturing, processing, compounding, mining or producing of any product or used in research

and development related to manufacturing, processing, compounding, mining or producing any product are exempt from state tax and

local use tax, but not local sales tax. 

(3) Basic Application of Tax.

(A) Supplies such as film, chemicals and other materials purchased for the photographer’s use or consumption are exempt from

state tax and local use tax, but not local sales tax.

(4) Examples.

(A) A photographer purchases chemicals and other supplies used

to develop photographs. These chemicals and supplies are not intended to remain with the photograph. These purchases are exempt from

state tax and local use tax, but not local sales tax, because they are

consumed in the developing process.

AUTHORITY: sections 144.270, RSMo 2000 and 144.518, RSMo

Supp. 2007. Emergency rule filed Aug. 14, 2007, effective Aug. 28,

2007, expired Feb. 23, 2008. Original rule filed Aug. 14, 2007.

Title 12—DEPARTMENT OF REVENUE

Division 10—Director of Revenue

Chapter 103—Sales/Use Tax—Imposition of Tax

ORDER OF RULEMAKING

By the authority vested in the director of revenue under section

144.270, RSMo 2000 and 144.518, RSMo Supp. 2007, the director

amends a rule as follows:

12 CSR 10-103.400 is amended.

A notice of proposed rulemaking containing the text of the proposed

amendment was published in the Missouri Register on September 17,

2007 (32 MoReg 1561–1562). Changes have been made and those

sections are reprinted here. This proposed amendment becomes

effective thirty (30) days after publication in the Code of State

Regulations.

SUMMARY OF COMMENTS: The department received one (1) letter of formal comment. 

COMMENT: The commenter states that the proposed amendment

should not cite section 144.054, RSMo, as the section defining the

sales tax on vending machine sales. 

RESPONSE AND EXPLANATION OF CHANGE: The department

agrees with the comment and the reference to section 144.054,

RSMo has been removed from the title of the rule.

12 CSR 10-103.400 Sales Tax on Vending Machine Sales

AUTHORITY: sections 144.270, RSMo 2000 and 144.518, RSMo

Supp. 2007. Original rule filed May 1, 2006, effective Nov. 30, 2006.

Emergency amendment filed Aug. 14, 2007, effective Aug. 28, 2007,

expired Feb. 23, 2008. Amended: Filed Aug. 14, 2007.

Title 12—DEPARTMENT OF REVENUE

Division 10—Director of Revenue

Chapter 103—Sales/Use Tax—Imposition of Tax

ORDER OF RULEMAKING

By the authority vested in the director of revenue under section

144.270, RSMo 2000 and 144.083, RSMo Supp. 2007, the director

amends a rule as follows:

12 CSR 10-103.555 Determining Taxable Gross Receipts

is amended.

A notice of proposed rulemaking containing the text of the proposed

amendment was published in the Missouri Register on September 17,

2007 (32 MoReg 1562–1563). No changes have been made in the text

of the proposed amendment, so it is not reprinted here. This proposed amendment becomes effective thirty (30) days after publication

in the Code of State Regulations.

SUMMARY OF COMMENTS: No comments were received.

Title 12—DEPARTMENT OF REVENUE

Division 10—Director of Revenue

Chapter 108—Sales/Use Tax—Taxable Services

ORDER OF RULEMAKING

By the authority vested in the director of revenue under section

144.270, RSMo 2000, the director withdraws a proposed rule as follows:

12 CSR 10-108.100 Amusement, Entertainment and Recreation

is withdrawn.

A notice of proposed rulemaking containing the text of the proposed

rule was published in the Missouri Register on September 17, 2007

(32 MoReg 1563–1566). This proposed rule is withdrawn.

SUMMARY OF COMMENTS: The department received two (2)

comments. Both comments contended that subsection (3)(G) of the

proposed rule incorrectly applied section 144.518, RSMo, of TAFP

CCS HCS SB 30, enacted by the 94th General Assembly, 2007.

Page 269 January 16, 2008

Vol. 33, No. 2 Missouri Register
January 16, 2008

Vol. 33, No. 2

RESPONSE: The department attempted to withdraw this proposed

rule before it was published in the Missouri Register on September

17, 2007, but was not permitted to do so at that time. The department is withdrawing this rulemaking.

Title 12—DEPARTMENT OF REVENUE

Division 10—Director of Revenue

Chapter 110—Sales/Use Tax—Exemptions

ORDER OF RULEMAKING

By the authority vested in the director of revenue under section

144.270, RSMo 2000, the director amends a rule as follows:

12 CSR 10-110.200 Ingredient or Component Part Exemption, as

Defined in Section 144.030, RSMo is amended.

A notice of proposed rulemaking containing the text of the proposed

amendment was published in the Missouri Register on September 17,

2007 (32 MoReg 1567). No changes have been made in the text of

the proposed amendment, so it is not reprinted here. This proposed

amendment becomes effective thirty (30) days after publication in the

Code of State Regulations.

SUMMARY OF COMMENTS: No comments were received.

Title 12—DEPARTMENT OF REVENUE

Division 10—Director of Revenue

Chapter 110—Sales/Use Tax—Exemptions

ORDER OF RULEMAKING

By the authority vested in the director of revenue under sections

144.270, RSMo 2000 and 144.054, RSMo Supp. 2007, the director

adopts a rule as follows:

12 CSR 10-110.210 Television and Radio Broadcasters

is adopted.

A notice of proposed rulemaking containing the text of the proposed

rule was published in the Missouri Register on September 17, 2007

(32 MoReg 1568). No changes have been made in the text of the proposed rule, so it is not reprinted here. This proposed rule becomes

effective thirty (30) days after publication in the Code of State

Regulations.

SUMMARY OF COMMENTS: No comments were received.

Title 12—DEPARTMENT OF REVENUE

Division 10—Director of Revenue

Chapter 110—Sales/Use Tax—Exemptions

ORDER OF RULEMAKING

By the authority vested in the director of revenue under sections

144.270, RSMo 2000 and 144.030, RSMo Supp. 2007, the director

amends a rule as follows:

12 CSR 10-110.300 Common Carriers is amended.

A notice of proposed rulemaking containing the text of the proposed

amendment was published in the Missouri Register on September 17,

2007 (32 MoReg 1568–1569). No changes have been made in the

text of the proposed amendment, so it is not reprinted here. This proposed amendment becomes effective thirty (30) days after publication in the Code of State Regulations.

SUMMARY OF COMMENTS: No comments were received.

Title 12—DEPARTMENT OF REVENUE

Division 10—Director of Revenue

Chapter 110—Sales/Use Tax—Exemptions

ORDER OF RULEMAKING

By the authority vested in the director of revenue under section

144.270, RSMo 2000, the director amends a rule as follows:

12 CSR 10-110.600 Electrical Energy, as Defined in Section

144.030, RSMo is amended.

A notice of proposed rulemaking containing the text of the proposed

amendment was published in the Missouri Register on September 17,

2007 (32 MoReg 1569–1570). No changes have been made in the

text of the proposed amendment, so it is not reprinted here. This proposed amendment becomes effective thirty (30) days after publication in the Code of State Regulations.

SUMMARY OF COMMENTS: No comments were received.

Title 12—DEPARTMENT OF REVENUE

Division 10—Director of Revenue

Chapter 111—Sales/Use Tax—Machinery and Equipment

Exemptions

ORDER OF RULEMAKING

By the authority vested in the director of revenue under section

144.270, RSMo 2000, the director amends a rule as follows:

12 CSR 10-111.100 Commercial Printers, as Defined in Section

144.030, RSMo is amended.

A notice of proposed rulemaking containing the text of the proposed

amendment was published in the Missouri Register on September 17,

2007 (32 MoReg 1573). No changes have been made in the text of

the proposed amendment, so it is not reprinted here. This proposed

amendment becomes effective thirty (30) days after publication in the

Code of State Regulations.

SUMMARY OF COMMENTS: No comments were received.

Title 12—DEPARTMENT OF REVENUE

Division 10—Director of Revenue

Chapter 111—Sales/Use Tax—Machinery and Equipment

Exemptions

ORDER OF RULEMAKING

By the authority vested in the director of revenue under sections

144.270, RSMo 2000 and 144.054, RSMo Supp. 2007, the director

adopts a rule as follows:

12 CSR 10-111.101 Items Used or Consumed by Commercial

Printers, as Defined in Section 144.054, RSMo is adopted.

A notice of proposed rulemaking containing the text of the proposed

rule was published in the Missouri Register on September 17, 2007

(32 MoReg 1573–1574). No changes have been made in the text of

Page 270 Orders of Rulemaking
the proposed rule, so it is not reprinted here. This proposed rule

becomes effective thirty (30) days after publication in the Code of

State Regulations.

SUMMARY OF COMMENTS: No comments were received.

Title 12—DEPARTMENT OF REVENUE

Division 10—Director of Revenue

Chapter 400—Individual Income Tax

ORDER OF RULEMAKING

By the authority vested in the director of revenue under sections

143.961, RSMo 2000 and 135.647, RSMo Supp. 2007, the director

amends a rule as follows:

12 CSR 10-400.250 Computation of an Individual’s Missouri

Adjusted Gross Income on a Combined Income Tax Return

is amended.

A notice of proposed rulemaking containing the text of the proposed

amendment was published in the Missouri Register on September 17,

2007 (32 MoReg 1574–1575). No changes have been made in the text

of the proposed amendment, so it is not reprinted here. This proposed amendment becomes effective thirty (30) days after publication

in the Code of State Regulations.

SUMMARY OF COMMENTS: No comments were received.

Title 12—DEPARTMENT OF REVENUE

Division 20—Highway Reciprocity Commission

Chapter 1—Organization and Description

ORDER OF RULEMAKING

By the authority vested in the Missouri Highways and Transportation

Commission under sections 32.050, RSMo 2000 and 536.023,

RSMo Supp. 2007, the commission rescinds a rule as follows:

12 CSR 20-1.010 General Organization is rescinded.

A notice of proposed rulemaking containing the proposed rescission

was published in the Missouri Register on September 17, 2007 (32

MoReg 1575). No changes have been made in the proposed rescission, so it is not reprinted here. This proposed rescission becomes

effective thirty (30) days after publication in the Code of State

Regulations.

SUMMARY OF COMMENTS: No comments were received.

Title 12—DEPARTMENT OF REVENUE

Division 20—Highway Reciprocity Commission

Chapter 4—Multistate Agreement

ORDER OF RULEMAKING

By the authority vested in the Missouri Highways and Transportation

Commission under sections 142.617, 142.621, and 301.275, RSMo

2000, the commission rescinds a rule as follows:

12 CSR 20-4.010 Bilateral Basing Point—Multistate Agreement

is rescinded.

A notice of proposed rulemaking containing the proposed rescission

was published in the Missouri Register on September 17, 2007 (32

MoReg 1576). No changes have been made in the proposed rescission, so it is not reprinted here. This proposed rescission becomes

effective thirty (30) days after publication in the Code of State

Regulations.

SUMMARY OF COMMENTS: No comments were received.

Title 12—DEPARTMENT OF REVENUE

Division 20—Highway Reciprocity Commission

Chapter 7—International Fuel Tax Agreement

ORDER OF RULEMAKING

By the authority vested in the Missouri Highways and Transportation

Commission under sections 142.617, 142.621, and 301.275, RSMo

2000, the commission rescinds a rule as follows:

12 CSR 20-7.050 Good Cause is rescinded.

A notice of proposed rulemaking containing the proposed rescission

was published in the Missouri Register on September 17, 2007 (32

MoReg 1582–1583). No changes have been made in the proposed

rescission, so it is not reprinted here. This proposed rescission

becomes effective thirty (30) days after publication in the Code of

State Regulations.

SUMMARY OF COMMENTS: No comments were received.

Title 15—ELECTED OFFICIALS

Division 30—Secretary of State

Chapter 70—Safe at Home: Address Confidentiality 

Program

ORDER OF RULEMAKING

By the authority vested in the secretary of state under section

589.681, RSMo Supp. 2007, the secretary adopts a rule as follows:

15 CSR 30-70.010 Definitions is adopted.

A notice of proposed rulemaking containing the text of the proposed

rule was published in the Missouri Register on October 1, 2007 (32

MoReg 1920–1921). No changes have been made in the text of the

proposed rule, so it is not reprinted here. This proposed rule

becomes effective thirty (30) days after publication in the Code of

State Regulations.

SUMMARY OF COMMENTS: No comments were received on this

rule.

Title 15—ELECTED OFFICIALS

Division 30—Secretary of State

Chapter 70—Safe at Home: Address Confidentiality

Program

ORDER OF RULEMAKING

By the authority vested in the secretary of state under section

589.681, RSMo Supp. 2007, the secretary adopts a rule as follows:

15 CSR 30-70.020 is adopted.

A notice of proposed rulemaking containing the text of the proposed

rule was published in the Missouri Register on October 1, 2007 (32

MoReg 1921–1922). One change has been made to the text of section

(2) and is reprinted here. This proposed rule becomes effective thirty (30) days after publication in the Code of State Regulations.

Page 271 January 16, 2008

Vol. 33, No. 2 Missouri Register
January 16, 2008

Vol. 33, No. 2

SUMMARY OF COMMENTS: The Safe at Home program received

two (2) comments on the proposed rule from employees of agencies

that provide specialized service to victims of domestic abuse, rape,

sexual assault or stalking.

COMMENT: An employee of the New House Shelter in Kansas City,

Missouri commented at an application assistant training session held

on October 2, 2007 in Kansas City, and an employee of Legal

Services of Eastern Missouri in St. Louis, Missouri commented at a

training session held on October 18, 2007 that they would be unable

to become an application assistant because they are residents of other

states and subsection (2)(F) of the proposed rule requires application

assistants to be voter registration solicitors and, therefore, registered

voters.

RESPONSE AND EXPLANATION OF CHANGE: To insure that

there is an adequate number of application assistants at any given

agency, section (2) was amended by revising subsection (2)(F) to reference section 115.205 RSMo Supp. 2006 so that individuals who

are not compensated for soliciting voter registration applications or

who do not solicit more than ten (10) voter registration applications

per election cycle are not required to register as voter registration

solicitors.

15 CSR 30-70.020 Application Assistant Training, Registration

and Renewal

(2) The application assistant may only be registered when the

prospective application assistant: 

(F) Registers with the secretary as a voter registration solicitor on

a form provided by the secretary, if the prospective application assistant would otherwise be required to register as a voter registration

solicitor under section 115.205 RSMo Supp. 2007.

Title 15—ELECTED OFFICIALS

Division 30—Secretary of State

Chapter 70—Safe at Home: Address Confidentiality

Program

ORDER OF RULEMAKING

By the authority vested in the secretary of state under section

589.681, RSMo Supp. 2007, the secretary adopts a rule as follows:

15 CSR 30-70.030 is adopted.

A notice of proposed rulemaking containing the text of the proposed

rule was published in the Missouri Register on October 1, 2007 (32

MoReg 1922). One (1) change has been made to the text of section

(1) and is reprinted here. This proposed rule becomes effective thirty (30) days after publication in the Code of State Regulations.

SUMMARY OF COMMENTS: The Safe at Home program received

one (1) comment on the proposed rule from the CEO of the Missouri

Coalition Against Domestic and Sexual Violence expressing concerns

raised by domestic violence program advocates.

COMMENT: The commenter noted that domestic violence program

advocates are concerned that the potential delay in Safe at Home program participants’ receipt of certain legal documents due to the Safe

at Home mail forwarding system could result in serious consequences, if the delay meant the participant was not notified in a timely manner regarding court hearings for Orders of Protection, criminal trials or civil child custody hearings. The commenter recommended that program participants be allowed to sign a consent form

authorizing the secretary or her designee to open legal mail and notify the participant if an immediate response is required.

RESPONSE AND EXPLANATION OF CHANGE: To insure that

no program participant suffers additional hardship or is unduly burdened by the delay in receipt of their legal mail, section (1) was

amended to give program participant’s the option to authorize the

secretary to open legal mail addressed to the participant at the designated address.

15 CSR 30-70.030 Program Participant Application and

Certification Process

(1) A program applicant shall complete and sign the standard application form provided by the secretary and provide all the information

required under section 589.663 RSMo and these rules. The standard

application form shall include, but not be limited to, the application

preparation date; the applicant’s signature; and the signature, and

registration number of the application assistant who assisted the

applicant in applying to become a program participant, as provided

in section 589.663 RSMo; a designation of the secretary as agent for

purposes of service of process and for receipt of first-class mail,

legal documents and certified mail; a sworn statement by the applicant that she/he has good reason to believe that she/he is a victim of

domestic violence, rape, sexual assault or stalking and that she/he

fears further violent acts from his or her assailant; the mailing

address where the applicant may be contacted by the secretary and

the telephone number or numbers where the applicant may be called

by the secretary; and any address that the applicant requests not be

disclosed for the reason that disclosure will jeopardize the applicant’s

safety or increase the risk of violence to the applicant or members of

the applicant’s household. The applicant shall be provided the option

to sign a form authorizing the secretary, or the secretary’s designee,

to open and review legal documents addressed to the program participant at the designated address, including but not limited to summonses, writs, demands, notices or service of process, that are delivered by personal service, certified mail or United States Postal

Service, before forwarding such documents to the participant, to

enable the secretary to notify the participant if an immediate

response is required from the participant. The applicant may attach

any relevant supporting documentation such as police reports or

court documents. The program participant application form, 2007,

incorporated herein by reference, is published by the Missouri

Secretary of State, PO Box 1767, Jefferson City, MO 65102-1767.

This form does not include any amendments or additions. The form

is available at the Secretary of State’s office or may be obtained by

email to safeathome@sos.mo.gov or by mailing a written request to

Safe at Home, PO Box 1409, Jefferson City, MO 65102-1409.

Title 15—ELECTED OFFICIALS

Division 30—Secretary of State

Chapter 70—Safe at Home: Address Confidentiality

Program

ORDER OF RULEMAKING

By the authority vested in the secretary of state under section

589.681, RSMo Supp. 2007, the secretary adopts a rule as follows:

15 CSR 30-70.040 Cancellation of Program Certification

is adopted.

A notice of proposed rulemaking containing the text of the proposed

rule was published in the Missouri Register on October 1, 2007 (32

MoReg 1922–1923). No changes have been made in the text of the

proposed rule, so it is not reprinted here. This proposed rule

becomes effective thirty (30) days after publication in the Code of

State Regulations.

SUMMARY OF COMMENTS: No comments were received on this

rule. 

Page 272 Orders of Rulemaking
Title 15—ELECTED OFFICIALS

Division 30—Secretary of State

Chapter 70—Safe at Home: Address Confidentiality

Program

ORDER OF RULEMAKING

By the authority vested in the secretary of state under section

589.681, RSMo Supp. 2007, the secretary adopts a rule as follows:

15 CSR 30-70.050 is adopted.

A notice of proposed rulemaking containing the text of the proposed

rule was published in the Missouri Register on October 1, 2007 (32

MoReg 1923). One (1) change has been made to the text of the rule

and is reprinted here. This proposed rule becomes effective thirty

(30) days after publication in the Code of State Regulations.

SUMMARY OF COMMENTS: The Safe at Home program received

inquiries on the proposed rule from school districts, Department of

Elementary and Secondary Education (DESE) and library districts.

COMMENT: DESE, several school districts and several library districts commented that although they could accept the designated

address for use in creating new records for program participants and

their minor children, they needed a means to verify that the participants resided in the district and were entitled to the district’s services.

RESPONSE and EXPLANATION OF CHANGE: To insure that

program participants and their minor children are able to receive all

the services to which they are entitled, the rule was amended by

adding a section (6) to allow school districts and library districts to

request verification in writing from the secretary of a program participant’s district of residence.

15 CSR 30-70.050 Exercise of Program Participant’s Privileges

(6) Authorized court or state or local agency personnel may request

verification from the secretary of a program participant’s residency

in a geographic service district where such information is necessary

to determine eligibility for agency services for the program participant or the participant’s minor children, including but not limited to

the verification of the participant’s residence in a school or library

district. Such requests shall be made in writing to the secretary of

state. The secretary may respond verbally to such requests and confirm residency in the district without disclosing the program participant’s address. 

Title 15—ELECTED OFFICIALS

Division 30—Secretary of State

Chapter 70—Safe at Home: Address Confidentiality

Program

ORDER OF RULEMAKING

By the authority vested in the secretary of state under section

589.681, RSMo Supp. 2007, the secretary adopts a rule as follows:

15 CSR 30-70.060 Service of Process is adopted.

A notice of proposed rulemaking containing the text of the proposed

rule was published in the Missouri Register on October 1, 2007 (32

MoReg 1923–1924). No changes have been made to the text of the

proposed rule, so it is not reprinted here. This proposed rule

becomes effective thirty (30) days after publication in the Code of

State Regulations.

SUMMARY OF COMMENTS: No comments were received on this

rule.

Title 15—ELECTED OFFICIALS

Division 30—Secretary of State

Chapter 70—Safe at Home: Address Confidentiality

Program

ORDER OF RULEMAKING

By the authority vested in the secretary of state under section

589.681, RSMo Supp. 2007, the secretary adopts a rule as follows:

15 CSR 30-70.070 Program Participant Renewal is adopted.

A notice of proposed rulemaking containing the text of the proposed

rule was published in the Missouri Register on October 1, 2007 (32

MoReg 1924). No changes have been made in the text of the proposed rule, so it is not reprinted here. This proposed rule becomes

effective thirty (30) days after publication in the Code of State

Regulations.

SUMMARY OF COMMENTS: No comments were received on this

rule. 

Title 15—ELECTED OFFICIALS

Division 30—Secretary of State

Chapter 70—Safe at Home: Address Confidentiality

Program

ORDER OF RULEMAKING

By the authority vested in the secretary of state under section

589.681, RSMo Supp. 2007, the secretary adopts a rule as follows:

15 CSR 30-70.080 is adopted.

A notice of proposed rulemaking containing the text of the proposed

rule was published in the Missouri Register on October 1, 2007 (32

MoReg 1924–1925). Changes have been made to the text of sections

(2) and (5) and are reprinted here. This proposed rule becomes

effective thirty (30) days after publication in the Code of State

Regulations.

SUMMARY OF COMMENTS: The Safe at Home program received

one (1) comment on the proposed rule from an employee of an

agency that provides specialized service to victims of domestic abuse,

rape, sexual assault or stalking.

COMMENT: An employee of Hope House commented at an application assistant training session held on October 9, 2007 in Lee’s

Summit, that program participants should be informed when a

request for disclosure is made and when the request is granted.

RESPONSE and EXPLANATION OF CHANGE: To insure that

program participants are informed when their confidential address

has been requested and prepared if it is disclosed, sections (2) and

(5) were amended to require the secretary to provide such notice.

15 CSR 30-70.080 Agency Disclosure Request

(2) The secretary shall accept and review an agency’s request for disclosure. The secretary shall notify the program participant of the

request for disclosure using the contact information provided in the

participant’s program application.

(5) If the secretary determines that an agency has a bona fide statutory or administrative requirement for the use of a program participant’s address and mailing address information and that the address

Page 273 January 16, 2008

Vol. 33, No. 2 Missouri Register
January 16, 2008

Vol. 33, No. 2

and mailing address information will be used only for those statutory and administrative purposes, the secretary may issue a written disclosure order for the agency. The secretary shall inform the program

participant of the disposition of the request for disclosure using the

contact information provided in the participant’s program application. When granting disclosure, the secretary may include: 

Title 15—ELECTED OFFICIALS

Division 30—Secretary of State

Chapter 70—Safe at Home: Address Confidentiality

Program

ORDER OF RULEMAKING

By the authority vested in the secretary of state under section

589.681, RSMo Supp. 2007, the secretary adopts a rule as follows:

15 CSR 30-70.090 is adopted.

A notice of proposed rulemaking containing the text of the proposed

rule was published in the Missouri Register on October 1, 2007 (32

MoReg 1925–1926). Changes have been made to the text of sections

(2) and (4) and are reprinted here. This proposed rule becomes

effective thirty (30) days after publication in the Code of State

Regulations.

SUMMARY OF COMMENTS: The Safe at Home program received

one (1) comment on the proposed rule from an employee of an

agency that provides specialized service to victims of domestic abuse,

rape, sexual assault or stalking.

COMMENT: An employee of Hope House commented at an application assistant training session held on October 9, 2007 in Lee’s

Summit, that program participants should be informed when a

request for disclosure is made and when the request is granted.

RESPONSE and EXPLANATION OF CHANGE: To insure that

program participants are informed when their confidential address

has been requested and prepared if it is disclosed, sections (2) and

(4) were amended to require the secretary to provide such notice.

15 CSR 30-70.090 Disclosure to Law Enforcement 

(2) The secretary shall review the request. The secretary shall notify

the program participant of the request for disclosure using the contact information provided in the participant’s program application.

(4) If the secretary determines that a law enforcement officer or

agency has a bona fide requirement for the use of a participant’s

address or mailing address information and that the address or mailing address information will be used only for the purpose of satisfying that requirement, the secretary may issue a written or verbal disclosure order for the law enforcement agency. A written record shall

be maintained of the facts relating to a verbal order. The secretary

shall inform the program participant of the disposition of the request

for disclosure using the contact information provided in the participant’s program application. When granting the request, the secretary may include: 

Title 20—DEPARTMENT OF INSURANCE, 

FINANCIAL INSTITUTIONS AND PROFESSIONAL

REGISTRATION

Division 2045—Athlete Agents

Chapter 1—General Rules

ORDER OF RULEMAKING

By the authority vested in the Athlete Agents under sections 436.218,

436.227 and 436.239, RSMo Supp. 2007, the board amends a rule

as follows:

20 CSR 2045-1.010 Fees is amended.

A notice of proposed rulemaking containing the text of the proposed

amendment was published in the Missouri Register on October 1,

2007 (32 MoReg 1926). No changes have been made to the text of

the proposed amendment, so it is not reprinted here. This proposed

amendment becomes effective thirty (30) days after publication in the

Code of State Regulations.

SUMMARY OF COMMENTS: No comments were received.

Title 20—DEPARTMENT OF INSURANCE, 

FINANCIAL INSTITUTIONS AND PROFESSIONAL

REGISTRATION

Division 2110—Missouri Dental Board

Chapter 2—General Rules

ORDER OF RULEMAKING

By the authority vested in the Missouri Dental Board under sections

332.031 and 332.091, RSMo 2000 and 332.071 and 332.311, RSMo

Supp. 2006, the board amends a rule as follows:

20 CSR 2110-2.130 Dental Hygienists is amended.

A notice of proposed rulemaking containing the text of the proposed

amendment was published in the Missouri Register on October 1,

2007 (32 MoReg 1929). No changes have been made to the text of

the proposed amendment, so it is not reprinted here. This proposed

amendment becomes effective thirty (30) days after publication in the

Code of State Regulations.

SUMMARY OF COMMENTS: No comments were received.

Title 20—DEPARTMENT OF INSURANCE, 

FINANCIAL INSTITUTIONS AND PROFESSIONAL

REGISTRATION

Division 2110—Missouri Dental Board

Chapter 2—General Rules

ORDER OF RULEMAKING

By the authority vested in the Missouri Dental Board under sections

332.031, RSMo 2000, the board rescinds a rule as follows:

20 CSR 2110-2.161 Post-Board Order Hearing Procedures

is rescinded.

A notice of proposed rulemaking containing the proposed rescission

was published in the Missouri Register on October 1, 2007 (32

MoReg 1929). No changes have been made to the proposed rescission, so it is not reprinted here. This proposed rescission becomes

effective thirty (30) days after publication in the Code of State

Regulations.

SUMMARY OF COMMENTS: No comments were received.

Page 274 Orders of Rulemaking
Title 20—DEPARTMENT OF INSURANCE, 

FINANCIAL INSTITUTIONS AND PROFESSIONAL

REGISTRATION

Division 2110—Missouri Dental Board

Chapter 2—General Rules

ORDER OF RULEMAKING

By the authority vested in the Missouri Dental Board under sections

332.031, RSMo 2000, the board rescinds a rule as follows:

20 CSR 2110-2.162 Impaired Practitioner Procedures

is rescinded.

A notice of proposed rulemaking containing the proposed rescission

was published in the Missouri Register on October 1, 2007 (32

MoReg 1929). No changes have been made to the proposed rescission, so it is not reprinted here. This proposed rescission becomes

effective thirty (30) days after publication in the Code of State

Regulations.

SUMMARY OF COMMENTS: No comments were received.

Title 20—DEPARTMENT OF INSURANCE, 

FINANCIAL INSTITUTIONS AND PROFESSIONAL

REGISTRATION

Division 2200—State Board of Nursing

Chapter 4—General Rules

ORDER OF RULEMAKING

By the authority vested in the State Board of Nursing under sections

335.036, RSMo Supp. 2007 and 335.046, RSMo 2000, the board

amends a rule as follows:

20 CSR 2200-4.010 Fees is amended.

A notice of proposed rulemaking containing the text of the proposed

amendment was published in the Missouri Register on October 1,

2007 (32 MoReg 1959–1962). No changes have been made to the text

of the proposed amendment, so it is not reprinted here. This proposed amendment becomes effective thirty (30) days after publication

in the Code of State Regulations.

SUMMARY OF COMMENTS: No comments were received.

Title 20—DEPARTMENT OF INSURANCE, 

FINANCIAL INSTITUTIONS AND PROFESSIONAL

REGISTRATION

Division 2235—State Committee of Psychologists

Chapter 1—General Rules

ORDER OF RULEMAKING

By the authority vested in the State Committee of Psychologists

under sections 337.030.3, RSMo Supp. 2006 and 337.050.9, RSMo

2000, the board amends a rule as follows:

20 CSR 2235-1.015 Definitions is amended.

A notice of proposed rulemaking containing the text of the proposed

amendment was published in the Missouri Register on October 1,

2007 (32 MoReg 1963). No changes have been made to the text of

the proposed amendment, so it is not reprinted here. This proposed

amendment becomes effective thirty (30) days after publication in the

Code of State Regulations.

SUMMARY OF COMMENTS: No comments were received.

Title 20—DEPARTMENT OF INSURANCE, 

FINANCIAL INSTITUTIONS AND PROFESSIONAL

REGISTRATION

Division 2235—State Committee of Psychologists

Chapter 2—Licensure Requirements

ORDER OF RULEMAKING

By the authority vested in the State Committee of Psychologists

under sections 337.025 and 337.050.9, RSMo 2000, the board

amends a rule as follows:

20 CSR 2235-2.040 Supervised Professional Experience, Section

337.025, RSMo, for the Delivery of Psychological Health 

Services is amended.

A notice of proposed rulemaking containing the text of the proposed

amendment was published in the Missouri Register on October 1,

2007 (32 MoReg 1963–1964). No changes have been made to the text

of the proposed amendment, so it is not reprinted here. This proposed amendment becomes effective thirty (30) days after publication

in the Code of State Regulations.

SUMMARY OF COMMENTS: No comments were received.

Title 20—DEPARTMENT OF INSURANCE, 

FINANCIAL INSTITUTIONS AND PROFESSIONAL

REGISTRATION

Division 2270—Missouri Veterinary Medical Board

Chapter 1—General Rules

ORDER OF RULEMAKING

By the authority vested in the Missouri Veterinary Medical Board

under sections 340.210 and 340.232, RSMo 2000, the board amends

a rule as follows:

20 CSR 2270-1.021 Fees is amended.

A notice of proposed rulemaking containing the text of the proposed

amendment was published in the Missouri Register on October 1,

2007 (32 MoReg 1964–1966). No changes have been made to the text

of the proposed amendment, so it is not reprinted here. This proposed amendment becomes effective thirty (30) days after publication

in the Code of State Regulations.

SUMMARY OF COMMENTS: No comments were received.

Page 275 January 16, 2008

Vol. 33, No. 2 Missouri Register