reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XXII - Occupations and Professions › Chapter 324 - Occupations and Professions General Provisions › Section 324.013 - Age, denial of licensure, prohibited, when.

Title XXII OCCUPATIONS AND PROFESSIONS
Chapter 324
Effective - 28 Aug 2018
324.013. Age, denial of licensure, prohibited, when. —
1. For purposes of this section, the following terms mean:
(1)
"License"
, a license, certificate, registration, permit, or accreditation that enables a person to legally practice an occupation, profession, or activity in the state;
(2)
"Oversight body"
, any board, department, agency, or office of the state that issues licenses. The term "oversight body" shall not include any political subdivision.
2. An oversight body shall not deny any person eighteen years of age or older a license on the basis of age unless the license enables a person to operate a school bus owned by or under contract with a public school or the state board of education, transport hazardous material, use explosives, or engage in any activity associated with gaming.
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(L. 2018 H.B. 1719)
2023 Missouri Revised Statutes › Title XXII - Occupations and Professions › Chapter 324 - Occupations and Professions General Provisions › Section 324.014 - License status, change in to be reported to current employer by licensing body.

Title XXII OCCUPATIONS AND PROFESSIONS
Chapter 324
Effective - 28 Aug 2011
324.014. License status, change in to be reported to current employer by licensing body. —
Any board, commission, committee, council, or office within the division of professional registration shall notify any known current employer of a change in a licensee's license and discipline status. An employer may provide a list of current licensed employees and make a request in writing to the board, commission, committee, council, or office within the division of professional registration responsible for the licensee's license, to be notified upon a change in the licensing status of any such licensed employee. Nothing in this section shall be construed as requiring the board, commission, committee, council, or office within the division of professional registration to determine the current employer of any person whose license is sanctioned.
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(L. 2011 H.B. 265 merged with S.B. 325)
2023 Missouri Revised Statutes › Title XXII - Occupations and Professions › Chapter 324 - Occupations and Professions General Provisions › Section 324.016 - Contingent effective date for statutory requirements of the division — borrowing of funds permitted, when.

Title XXII OCCUPATIONS AND PROFESSIONS
Chapter 324
Effective - 28 Aug 2008
324.016. Contingent effective date for statutory requirements of the division — borrowing of funds permitted, when. —
No new licensing activity or other statutory requirements assigned to the division of professional registration shall become effective until expenditures or personnel are specifically appropriated for the purpose of conducting the business as required and the initial rules filed, if appropriate, have become effective
*
. The director of the division of professional registration shall have the authority to borrow funds from any agency within the division to commence operations upon appropriation for such purpose. This authority shall cease at such time that a sufficient fund has been established by the agency to fund its operations and repay the amount borrowed.
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(L. 2008 S.B. 788)
*Revisor's Note: The appropriations specified in this section have been made to the Division of Professional Registration in accordance with this section.
2023 Missouri Revised Statutes › Title XXII - Occupations and Professions › Chapter 324 - Occupations and Professions General Provisions › Section 324.017 - Disclosure of complaints, requirements.

Title XXII OCCUPATIONS AND PROFESSIONS
Chapter 324
Effective - 28 Aug 2008
324.017. Disclosure of complaints, requirements. —
1. Contrary provisions of the law notwithstanding, no complaint, investigatory report, or information received from any source must be disclosed prior to its review by the appropriate agency.
2. At its discretion an agency may disclose complaints, completed investigatory reports, and information obtained from state administrative and law enforcement agencies to a licensee or license applicant in order to further an investigation or to facilitate settlement negotiations.
3. Information obtained from a federal administrative or law enforcement agency shall be disclosed only after the agency has obtained written consent to the disclosure from the federal administrative or law enforcement agency.
4. At its discretion an agency may disclose complaints and investigatory reports in the course of a voluntary interstate exchange of information, or in the course of any litigation concerning a licensee or license applicant, or pursuant to a lawful request, or to other state or federal administrative or law enforcement agencies.
5. Except as disclosure is specifically provided above and in section 610.021, deliberations, votes, or minutes of closed proceedings of agencies shall not be subject to disclosure or discovery.
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(L. 2008 S.B. 788)
2023 Missouri Revised Statutes › Title XXII - Occupations and Professions › Chapter 324 - Occupations and Professions General Provisions › Section 324.021 - Appointments to boards, affirmative action required.

Title XXII OCCUPATIONS AND PROFESSIONS
Chapter 324
Effective - 28 Aug 2008
324.021. Appointments to boards, affirmative action required. —
When making appointments to the boards governed by sections 209.285 to 209.339, sections 256.010 to 256.453, this chapter, and chapters 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 345, and 346, the governor shall take affirmative action to appoint women and members of minority groups. In addition, the governor shall not discriminate against or in favor of any person on the basis of race, sex, religion, national origin, ethnic background, or language.
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(L. 2008 S.B. 788)
2023 Missouri Revised Statutes › Title XXII - Occupations and Professions › Chapter 324 - Occupations and Professions General Provisions › Section 324.022 - Rulemaking authority.

Title XXII OCCUPATIONS AND PROFESSIONS
Chapter 324
Effective - 28 Aug 2008
324.022. Rulemaking authority. —
No rule or portion of a rule promulgated under the authority of sections 209.285 to 209.339, sections 214.270 to 214.516, sections 256.010 to 256.453, this chapter, and chapters 317, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 345, and 346 shall become effective unless it has been promulgated pursuant to the provisions of section 536.024.
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(L. 2008 S.B. 788)
2023 Missouri Revised Statutes › Title XXII - Occupations and Professions › Chapter 324 - Occupations and Professions General Provisions › Section 324.023 - Issuance of opinions on qualifications, functions, or duties of licensed professions by regulatory boards or commissions.

Title XXII OCCUPATIONS AND PROFESSIONS
Chapter 324
Effective - 28 Aug 2015
324.023. Issuance of opinions on qualifications, functions, or duties of licensed professions by regulatory boards or commissions. —
1. Notwithstanding any law to the contrary, any board or commission established under chapters 330, 331, 332, 334, 335, 336, 337, 338, 340, and 345 may, at its discretion, issue oral or written opinions addressing topics relating to the qualifications, functions, or duties of any profession licensed by the specific board or commission issuing such guidance. Any such opinion is for educational purposes only, is in no way binding on the licensees of the respective board or commission, and cannot be used as the basis for any discipline against any licensee under chapters 330, 331, 332, 334, 335, 336, 337, 338, 340, and 345. No board or commission may address topics relating to the qualifications, functions, or duties of any profession licensed by a different board or commission.
2. The recipient of an opinion given under this section shall be informed that the opinion is for educational purposes only, is in no way binding on the licensees of the board, and cannot be used as the basis for any discipline against any licensee under chapters 330, 331, 332, 334, 335, 336, 337, 338, 340, and 345.
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L. 2015 H.B. 709 merged with S.B. 107)
2023 Missouri Revised Statutes › Title XXII - Occupations and Professions › Chapter 324 - Occupations and Professions General Provisions › Section 324.024 - Applications to contain Social Security numbers, exceptions.

Title XXII OCCUPATIONS AND PROFESSIONS
Chapter 324
• Effective - 28 Aug 2014, 2 histories
324.024. Applications to contain Social Security numbers, exceptions. —
1. Notwithstanding any provision of law to the contrary, every application for a license, certificate, registration, or permit issued in this state shall contain the Social Security number of the applicant. This provision shall not apply to an original application for a license, certificate, registration, or permit submitted by a citizen of a foreign country who has never been issued a Social Security number and who previously has not been licensed by any other state, United States territory, or federal agency. A citizen of a foreign country applying for licensure with the division of professional registration shall be required to submit his or her visa or passport identification number in lieu of the Social Security number.
2. Notwithstanding any provision of law to the contrary, every application for a renewal of a license, certificate, registration, or permit which did not originally contain the Social Security number of the applicant shall contain the Social Security number of the applicant at the first renewal of the license, certificate, registration, or permit.
3. Following initial application for licensure, certificate, registration, or permit as described in subsection 1 of this section or first renewal application for licensure, certificate, registration, or permit as described in subsection 2 of this section, all subsequent applications shall not contain the Social Security number of the licensee, certificate holder, registrant, or permit holder. All Social Security numbers collected for registered professionals may be maintained on file by the agency in compliance with federal law.
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(L. 2008 S.B. 788, A.L. 2014 S.B. 808)
2023 Missouri Revised Statutes › Title XXII - Occupations and Professions › Chapter 324 - Occupations and Professions General Provisions › Section 324.026 - Orientation program for appointees required, purpose.

Title XXII OCCUPATIONS AND PROFESSIONS
Chapter 324
Effective - 28 Aug 2008
324.026. Orientation program for appointees required, purpose. —
An orientation program for appointees to all boards or commissions in the division of professional registration shall be prepared under the direction of the director of the division, which shall acquaint new appointees with their duties and provide available information on subject matters of concern to the board or commission to which each public member has been appointed.
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(L. 2008 S.B. 788)
2023 Missouri Revised Statutes › Title XXII - Occupations and Professions › Chapter 324 - Occupations and Professions General Provisions › Section 324.028 - Forfeiture of membership on board or council for missing meetings.

Title XXII OCCUPATIONS AND PROFESSIONS
Chapter 324
• Effective - 28 Aug 2018, 2 histories
324.028. Forfeiture of membership on board or council for missing meetings. —
Any member authorized under the provisions of sections 256.459, 324.063, 324.177, 324.203, 324.243, 324.406, 324.478, 326.259, 327.031, 329.015, 330.110, 331.090, 332.021, 333.151, 334.120, 334.430, 334.625, 334.717, 334.749, 334.830, 335.021, 336.130, 337.050, 337.305, 337.535, 337.622, 337.739, 338.110, 339.120, 340.202, 345.080, and 346.120 who misses three consecutive regularly scheduled meetings of the board or council on which he serves shall forfeit his membership on that board or council. A new member shall be appointed to the respective board or council by the governor with the advice and consent of the senate.
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(L. 2008 S.B. 788, A.L. 2018 S.B. 975 & 1024 Revision)
2023 Missouri Revised Statutes › Title XXII - Occupations and Professions › Chapter 324 - Occupations and Professions General Provisions › Section 324.029 - Felony conviction not a bar to licensure, when.

Title XXII OCCUPATIONS AND PROFESSIONS
Chapter 324
Effective - 28 Aug 2008
324.029. Felony conviction not a bar to licensure, when. —
Except as otherwise specifically provided by law, no license for any occupation or profession shall be denied solely on the grounds that an applicant has been previously convicted of a felony.
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(L. 2008 S.B. 788)
2023 Missouri Revised Statutes › Title XXII - Occupations and Professions › Chapter 324 - Occupations and Professions General Provisions › Section 324.031 - Collection and deposit of fees, requirements.

Title XXII OCCUPATIONS AND PROFESSIONS
Chapter 324
Effective - 28 Aug 2008
324.031. Collection and deposit of fees, requirements. —
1. All fees charged by each board assigned to the division of professional registration shall be collected by that division and promptly transmitted to the department of revenue for deposit in the state treasury, credited to the proper account as provided by law.
2. The division and its component agencies shall permit any licensee to submit payment for fees established by rule in the form of personal check, money order, or cashier's check. All checks or money orders shall be made payable to the appropriate board. Any check or financial instrument which is returned to the division or one of its agencies due to insufficient funds, a closed account, or for other circumstances in which the check or financial instrument is not honored may subject an individual to additional costs, substantial penalties, or other actions by the division or one of its agencies. In such cases involving renewal of licenses, the renewal license may be withheld, and if issued, is not valid until the appropriate fee and any additional costs are collected. The division may require the payment of collection costs or other expenses. The affected board may establish penalty fees by rule and may suspend or revoke a license if such behavior is repetitive or the licensee fails to pay required penalty fees.
3. License renewal fees are generally nonrefundable. Overpayments or other incorrect fees may be refundable. The division shall establish a refund reserve through the appropriation to the professional registration fees fund.
4. Notwithstanding any other provision of law to the contrary, no board, commission, or any other registration, licensing, or certifying agency of the division of professional registration shall be required to collect or distribute any fee which is required for administering any test to qualify for a license, registration, or certificate, if any portion of the fee is to be remitted to a private testing service.
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(L. 2008 S.B. 788)
2023 Missouri Revised Statutes › Title XXII - Occupations and Professions › Chapter 324 - Occupations and Professions General Provisions › Section 324.032 - Registry of licenses, permits, and certificates issued, contents — copying of registry information.

Title XXII OCCUPATIONS AND PROFESSIONS
Chapter 324
• Effective - 28 Aug 2014, 2 histories
324.032. Registry of licenses, permits, and certificates issued, contents — copying of registry information. —
The division of professional registration shall maintain, for each board in the division, a registry of each person holding a current license, permit, or certificate issued by that board. The registry shall contain the name, Social Security number, and address of each person licensed or registered together with other relevant information as determined by the board. The registry for each board shall at all times be available to the board and copies shall be supplied to the board on request. Copies of the registry, except for the registrant's Social Security number, shall be available from the division or the board to any individual who pays the reasonable copying cost. Any individual may copy the registry during regular business hours. The information in the registry shall be furnished upon request to the family support division. Questions concerning the currency of license of any individual shall be answered, without charge, by the appropriate board. Each year each board may publish, or cause to be published, a directory containing the name and address of each person licensed or registered for the current year together with any other information the board deems necessary. Any expense incurred by the state relating to such publication shall be charged to the board. An official copy of any such publication shall be filed with the director.
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(L. 2008 S.B. 788, A.L. 2014 H.B. 1299 Revision)
2023 Missouri Revised Statutes › Title XXII - Occupations and Professions › Chapter 324 - Occupations and Professions General Provisions › Section 324.034 - Destruction of records permitted, when — reproductions may be used as originals, when — records and documents defined.

Title XXII OCCUPATIONS AND PROFESSIONS
Chapter 324
Effective - 28 Aug 2008
324.034. Destruction of records permitted, when — reproductions may be used as originals, when — records and documents defined. —
1. Notwithstanding other provisions of law, the director of the division of professional registration may destroy records and documents of the division or the boards in the division at any time if such records and documents have been photographed, microphotographed, imaged, electronically generated, electronically recorded, photostatted, reproduced on film, or other process capable of producing a clear, accurate, and permanent copy of the original. Such film or reproducing material shall be of durable material and the device used to reproduce the records, reports, returns, and other related documents on film or material shall be such as to accurately reproduce and perpetuate the original records and documents in all details.
2. The reproductions so made may be used as permanent records of the original. When microfilm, electronic image, or a similar reproduction is used as a permanent record by the director of revenue, one copy shall be stored in a fireproof vault and other copies may be made for use by any person entitled thereto. All reproductions shall retain the same confidentiality as is provided in the law regarding the original record.
3. Such photostatic copy, photograph, microphotograph, image, electronically generated, electronically recorded, or other process copy shall be deemed to be an original record for all purposes, and shall be admissible in evidence in all courts or administrative agencies. A transcript, exemplification, or certified copy of any records or documents made from such photostatic copy, photograph, microphotograph, electronically generated, electronically recorded, or other process copy shall for all purposes be deemed to be a transcript, exemplification, or certified copy of the original and shall be admissible in evidence in all courts or administrative agencies. No document shall be admissible pursuant to this section unless the offeror shall comply with section 490.692 when applicable.
4.
"Records and documents"
include, but are not limited to, papers, documents, facsimile information, microphotographic process, electronically generated or electronically recorded image or information, deposited or filed with the division of professional registration or any of the boards in the division.
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(L. 2008 S.B. 788)
2023 Missouri Revised Statutes › Title XXII - Occupations and Professions › Chapter 324 - Occupations and Professions General Provisions › Section 324.035 - Continuing education, use of occupational fees prohibited, when — exceptions.

Title XXII OCCUPATIONS AND PROFESSIONS
Chapter 324
Effective - 28 Aug 2020
324.035. Continuing education, use of occupational fees prohibited, when — exceptions. —
1. No board, commission, or committee within the division of professional registration shall utilize occupational fees, or any other fees associated with licensing requirements, or contract or partner with any outside vendor or agency for the purpose of offering continuing education classes.
2. Nothing in this section shall be construed to preclude a board, commission, or committee within the division of professional registration from utilizing occupational licensure fees for the purpose of participating in conferences, seminars, or other outreach for the purpose of communicating information to licensees with respect to changes in policy, law, or regulations.
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(L. 2020 H.B. 2046)
2023 Missouri Revised Statutes › Title XXII - Occupations and Professions › Chapter 324 - Occupations and Professions General Provisions › Section 324.036 - Fee collection, accounting, and deposit, division may contract for services.

Title XXII OCCUPATIONS AND PROFESSIONS
Chapter 324
Effective - 28 Aug 2008
324.036. Fee collection, accounting, and deposit, division may contract for services. —
Notwithstanding any other law to the contrary, the director of the division of professional registration is authorized to contract with third parties to collect, account for, and deposit fees on behalf of the division and licensing agencies within the division.
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(L. 2008 S.B. 788)
2023 Missouri Revised Statutes › Title XXII - Occupations and Professions › Chapter 324 - Occupations and Professions General Provisions › Section 324.038 - Issuance of license subject to probation permitted, when, procedure.

Title XXII OCCUPATIONS AND PROFESSIONS
Chapter 324
Effective - 28 Aug 2008
324.038. Issuance of license subject to probation permitted, when, procedure. —
1. Whenever a board within or assigned to the division of professional registration, including the division itself when so empowered, may refuse to issue a license for reasons which also serve as a basis for filing a complaint with the administrative hearing commission seeking disciplinary action against a holder of a license, the board, as an alternative to refusing to issue a license, may, at its discretion, issue to an applicant a license subject to probation.
2. The board shall notify the applicant in writing of the terms of the probation imposed, the basis therefor, and the date such action shall become effective. The notice shall also advise the applicant of the right to a hearing before the administrative hearing commission, if the applicant files a complaint with the administrative hearing commission within thirty days of the date of delivery or mailing by certified mail of written notice of the probation. If the board issues a probated license, the applicant may file, within thirty days of the date of delivery or mailing by certified mail of written notice of the probation, a written complaint with the administrative hearing commission seeking review of the board's determination. Such complaint shall set forth that the applicant or licensee is qualified for nonprobated licensure pursuant to the laws and administrative regulations relating to his or her profession. Upon receipt of such complaint the administrative hearing commission shall cause a copy of such complaint to be served upon the board by certified mail or by delivery of such copy to the office of the board, together with a notice of the place of and the date upon which the hearing on such complaint will be held. Hearings shall be held pursuant to chapter 621. The burden shall be on the board to demonstrate the existence of the basis for imposing probation on the licensee. If no written request for a hearing is received by the administrative hearing commission within the thirty-day period, the right to seek review of the board's decision shall be considered waived.
3. If the probation imposed includes restrictions or limitations on the scope of practice, the license issued shall plainly state such restriction or limitation. When such restriction or limitation is removed, a new license shall be issued.
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(L. 2008 S.B. 788)
2023 Missouri Revised Statutes › Title XXII - Occupations and Professions › Chapter 324 - Occupations and Professions General Provisions › Section 324.039 - Classification created for licensees removing themselves from licensing system.

Title XXII OCCUPATIONS AND PROFESSIONS
Chapter 324
Effective - 28 Aug 2008
324.039. Classification created for licensees removing themselves from licensing system. —
There shall be established in each board within the division of professional registration, including the division itself when empowered with licensing authority, which was on August 28, 1998, required or authorized to revoke a license for failure to submit an application for renewal, failure to provide information required for renewal or nonpayment of the required renewal fee, a classification for a licensee who desires to remove himself or herself from participating in the licensing system of the board or division. This classification shall be distinguished from revocation of a license and from surrender of a license pursuant to an agreement between the board or division and the licensee filed with and approved by the administrative hearing commission. This classification shall not be available to a licensee during the time there is an investigation of the licensee or the licensee's practices or during the pendency of a disciplinary complaint filed with the administrative hearing commission. Each board within the division or the division when empowered with licensing authority shall establish by rule qualifications for such classification and procedures for a licensee to request an inactive license as provided in this section. Notwithstanding any other law to the contrary, no board within the division or the division shall be required to revoke a license when the licensee qualifies for the classification authorized by this section, as provided by rule. An inactive license authorized by this section shall be subject to the same requirements for reinstatement or restoration as a lapsed, expired, or revoked license due to failure to renew the license. This section shall not affect those boards which are otherwise authorized to classify a license as inactive.
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(L. 2008 S.B. 788)
2023 Missouri Revised Statutes › Title XXII - Occupations and Professions › Chapter 324 - Occupations and Professions General Provisions › Section 324.041 - Testing positive for a controlled substance, presumption of illegal possession.

Title XXII OCCUPATIONS AND PROFESSIONS
Chapter 324
Effective - 28 Aug 2008
324.041. Testing positive for a controlled substance, presumption of illegal possession. —
For the purpose of determining whether cause for discipline or denial exists under the statutes of any board, commission, or committee within the division of professional registration, any licensee, registrant, permittee, or applicant that tests
*
positive for a controlled substance, as defined in chapter 195, is presumed to have unlawfully possessed the controlled substance in violation of the drug laws or rules and regulations of this state, any other state, or the federal government unless he or she has a valid prescription for the controlled substance. The burden of proof that the controlled substance was not unlawfully possessed in violation of the drug laws or rules and regulations of this state, any other state, or the federal government is upon the licensee, registrant, permittee, or applicant.
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(L. 2008 S.B. 788)
*Word "test" appears in original rolls.
2023 Missouri Revised Statutes › Title XXII - Occupations and Professions › Chapter 324 - Occupations and Professions General Provisions › Section 324.042 - Additional discipline permitted, when.

Title XXII OCCUPATIONS AND PROFESSIONS
Chapter 324
Effective - 28 Aug 2008
324.042. Additional discipline permitted, when. —
Any board, commission, or committee within the division of professional registration may impose additional discipline when it finds after hearing that a licensee, registrant, or permittee has violated any disciplinary terms previously imposed or agreed to pursuant to settlement. The board, commission, or committee may impose as additional discipline any discipline it would be authorized to impose in an initial disciplinary hearing.
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(L. 2008 S.B. 788)
2023 Missouri Revised Statutes › Title XXII - Occupations and Professions › Chapter 324 - Occupations and Professions General Provisions › Section 324.043 - Statute of limitations for disciplinary proceedings — notice requirements — tolling, when.

Title XXII OCCUPATIONS AND PROFESSIONS
Chapter 324
• Effective - 28 Aug 2011, 2 histories
324.043. Statute of limitations for disciplinary proceedings — notice requirements — tolling, when. —
1. Except as provided in this section, no disciplinary proceeding against any person or entity licensed, registered, or certified to practice a profession within the division of professional registration shall be initiated unless such action is commenced within three years of the date upon which the licensing, registering, or certifying agency received notice of an alleged violation of an applicable statute or regulation.
2. For the purpose of this section, notice shall be limited to:
(1) A written complaint;
(2) Notice of final disposition of a malpractice claim, including exhaustion of all extraordinary remedies and appeals;
(3) Notice of exhaustion of all extraordinary remedies and appeals of a conviction based upon a criminal statute of this state, any other state, or the federal government;
(4) Notice of exhaustion of all extraordinary remedies and appeals in a disciplinary action by a hospital, state licensing, registering or certifying agency, or an agency of the federal government.
3. For the purposes of this section, an action is commenced when a complaint is filed by the agency with the administrative hearing commission, any other appropriate agency, or in a court; or when a complaint is filed by the agency's legal counsel with the agency in respect to an automatic revocation or a probation violation.
4. Disciplinary proceedings based upon repeated negligence shall be exempt from all limitations set forth in this section.
5. Disciplinary proceedings based upon a complaint involving sexual misconduct shall be exempt from all limitations set forth in this section.
6. Any time limitation provided in this section shall be tolled:
(1) During any time the accused licensee, registrant, or certificant is practicing exclusively outside the state of Missouri or residing outside the state of Missouri and not practicing in Missouri;
(2) As to an individual complainant, during the time when such complainant is less than eighteen years of age;
(3) During any time the accused licensee, registrant, or certificant maintains legal action against the agency; or
(4) When a settlement agreement is offered to the accused licensee, registrant, or certificant, in an attempt to settle such disciplinary matter without formal proceeding pursuant to section 621.045 until the accused licensee, registrant, or certificant rejects or accepts the settlement agreement.
7. The licensing agency may, in its discretion, toll any time limitation when the accused applicant, licensee, registrant, or certificant enters into and participates in a treatment program for chemical dependency or mental impairment.
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(L. 2008 S.B. 788, A.L. 2011 H.B. 265)
2023 Missouri Revised Statutes › Title XXII - Occupations and Professions › Chapter 324 - Occupations and Professions General Provisions › Section 324.045 - Default decision entered, when — set aside, when — good cause defined.

Title XXII OCCUPATIONS AND PROFESSIONS
Chapter 324
Effective - 28 Aug 2011
324.045. Default decision entered, when — set aside, when — good cause defined. —
1. Notwithstanding any provision of chapter 536, in any proceeding initiated by the division of professional registration or any board, committee, commission, or office within the division of professional registration to determine the appropriate level of discipline or additional discipline, if any, against a licensee of the board, committee, commission, or office within the division, if the licensee against whom the proceeding has been initiated upon a properly pled writing filed to initiate the contested case and upon proper notice fails to plead or otherwise defend against the proceeding, the board, commission, committee, or office within the division shall enter a default decision against the licensee without further proceedings. The terms of the default decision shall not exceed the terms of discipline authorized by law for the division, board, commission, or committee. The division, office, board, commission, or committee shall provide the licensee notice of the default decision in writing.
2. Upon motion stating facts constituting a meritorious defense and for good cause shown, a default decision may be set aside. The motion shall be made within a reasonable time, not to exceed thirty days after entry of the default decision.
"Good cause"
includes a mistake or conduct that is not intentionally or recklessly designed to impede the administrative process.
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(L. 2011 H.B. 265)
2023 Missouri Revised Statutes › Title XXII - Occupations and Professions › Chapter 324 - Occupations and Professions General Provisions › Section 324.046 - Suicide assessment, referral, treatment and management training required for health care professional licensure.

Title XXII OCCUPATIONS AND PROFESSIONS
Chapter 324
Effective - 28 Aug 2018
324.046. Suicide assessment, referral, treatment and management training required for health care professional licensure. —
1. For the purposes of this section, the term
"health care professional"
shall mean a physician, other health care practitioner, or mental health professional licensed, accredited, or certified by the state of Missouri to perform specified health services.
2. Any health care professional in the state of Missouri may annually complete training in the areas of suicide assessment, referral, treatment, and management, which may qualify as part of the continuing education requirements for his or her licensure.
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(L. 2018 H.B. 1719)
2023 Missouri Revised Statutes › Title XXII - Occupations and Professions › Chapter 324 - Occupations and Professions General Provisions › Section 324.048 - Citation — licensure based on skill and academic competence — prohibited conditions for licensure.

Title XXII OCCUPATIONS AND PROFESSIONS
Chapter 324
Effective - 28 Aug 2016
324.048. Citation — licensure based on skill and academic competence — prohibited conditions for licensure. —
1. This section shall be known and may be cited as the "Medical Practice Freedom Act".
2. State licensure requirements for physicians, chiropractors, optometrists, and dentists in this state shall be granted based on demonstrated skill and academic competence. Licensure approval for physicians, chiropractors, optometrists, and dentists in this state shall not be conditioned upon or related to participation in any public or private health insurance plan, public health care system, public service initiative, or emergency room coverage.
3. State licensure for physicians, chiropractors, optometrists, and dentists shall be conducted exclusively under chapters 334, 331, 336, and 332, respectively.
4. State licensure for physicians and optometrists shall not be conditioned upon or related to compliance with the meaningful use of electronic health records as set forth in 45 CFR 170.
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(L. 2016 H.B. 1682)
2023 Missouri Revised Statutes › Title XXII - Occupations and Professions › Chapter 324 - Occupations and Professions General Provisions › Section 324.056 - License to practice required, when — supervision of occupational therapy assistants.

Title XXII OCCUPATIONS AND PROFESSIONS
Chapter 324
• Effective - 28 Aug 1999
324.056. License to practice required, when — supervision of occupational therapy assistants. —
1. No person shall practice occupational therapy or hold himself or herself out as an occupational therapist or occupational therapy assistant or as being able to practice occupational therapy, or to render occupational therapy services in this state unless such person is licensed or holds a valid permit pursuant to sections 324.050 to 324.089.
2. A licensed occupational therapy assistant shall be directly supervised by a licensed occupational therapist. The licensed occupational therapist shall have the responsibility of supervising the occupational therapy treatment program. No licensed occupational therapist shall have under his or her direct supervision more than four occupational therapy assistants.
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(L. 1997 S.B. 141 § 3, A.L. 1999 H.B. 343)
2023 Missouri Revised Statutes › Title XXII - Occupations and Professions › Chapter 324 - Occupations and Professions General Provisions › Section 324.059 - Exceptions to licensing requirements.

Title XXII OCCUPATIONS AND PROFESSIONS
Chapter 324
• Effective - 28 Aug 1997
324.059. Exceptions to licensing requirements. —
If a person does not represent or hold himself or herself out as an occupational therapist or occupational therapy assistant as defined in section 324.050, nothing in sections 324.050 to 324.089 shall be construed to limit, preclude or otherwise interfere with:
(1) The practice, service or activities of any person licensed in this state pursuant to any other law from engaging in the profession or occupation for which the person is licensed;
(2) Employed as an occupational therapist or occupational therapy assistant by the government of the United States or any agency of it, if such person provides occupational therapy solely under the direction or control of the organization by which the person is employed;
(3) Pursuing a supervised course of study leading to a degree or certificate in occupational therapy at an accredited or approved educational program, if such person is designated by a title which clearly indicates the person's status as a student or trainee.
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(L. 1997 S.B. 141 § 4)
2023 Missouri Revised Statutes › Title XXII - Occupations and Professions › Chapter 324 - Occupations and Professions General Provisions › Section 324.063 - Missouri board of occupational therapy, members, terms, removal.

Title XXII OCCUPATIONS AND PROFESSIONS
Chapter 324
• Effective - 28 Aug 1999
324.063. Missouri board of occupational therapy, members, terms, removal. —
1. There is hereby created within the division of professional registration a board to be known as the "Missouri Board of Occupational Therapy". The board shall consist of six members, all of whom shall be citizens of the United States and registered voters of the state of Missouri. The governor shall appoint the members of the board with the advice and consent of the senate for terms of three years; except as provided in subsection 3 of this section. Nonpublic members shall have been engaged in rendering occupational therapy services, in teaching or in research in occupational therapy for at least five years immediately preceding the person's appointment to the board. Three board members shall be occupational therapists. One member shall be an occupational therapy assistant. Such members shall at all times be holders of licenses for the practice of occupational therapy in this state; except for the members of the first board who shall be registered pursuant to section 334.838 on August 28, 1997, and shall meet the requirements for licensure pursuant to sections 324.050 to 324.089. The remaining two members shall be members of the public. All members shall be chosen from lists submitted by the director of the division of professional registration.
2. No member of the board shall serve more than two consecutive three-year terms. A vacancy in the office of any member shall only be filled for the unexpired term.
3. The initial appointments to the board shall be two members for terms of one year, two members for terms of two years and two members for terms of three years.
4. The public members of the board shall not be and never have been members of any profession regulated by the provisions of sections 324.050 to 324.089, or the spouse of any such person; and persons who do not have and never have had a material financial interest in either the providing of the professional services regulated by the provisions of sections 324.050 to 324.089 or an activity or organization directly related to the profession regulated pursuant to sections 324.050 to 324.089.
5. Any member of the board may be removed from the board by the governor for neglect of duty required by law, for incompetency or for unethical or dishonest conduct. Upon the death, resignation, disqualification or removal of any member of the board, the governor shall appoint a successor.
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(L. 1997 S.B. 141 § 5, A.L. 1999 H.B. 343)
2023 Missouri Revised Statutes › Title XXII - Occupations and Professions › Chapter 324 - Occupations and Professions General Provisions › Section 324.065 - Board duties, meetings, compensation — rules, procedure.

Title XXII OCCUPATIONS AND PROFESSIONS
Chapter 324
• Effective - 28 Aug 2009
324.065. Board duties, meetings, compensation — rules, procedure. —
1. The board shall elect annually a chairperson and a vice chairperson from their number.
2. (1) The board shall adopt, implement, rescind, amend and administer such rules and regulations as may be necessary to carry out the provisions of sections 324.050 to 324.089. The board may promulgate necessary rules compatible with sections 324.050 to 324.089, including, but not limited to, rules relating to professional conduct, continuing competency requirements for renewal of licenses, approval of continuing competency programs and to the establishment of ethical standards of practice for persons holding a license or permit to practice occupational therapy in this state.
(2) The board shall establish all applicable fees and set an amount which shall not substantially exceed the cost of administering sections 324.050 to 324.089.
(3) The board shall approve or disapprove certifying entities for the profession of occupational therapy included in the scope of sections 324.050 to 324.089.
(4) The board may terminate recognition of any certifying entity included in the scope of sections 324.050 to 324.089 following a subsequent review of the certification of registration procedures of a certifying entity.
3. The board shall convene at the request of the director or as the board shall determine. The board shall hold regular meetings at least four times per year.
4. Each member of the board shall receive as compensation, an amount set by the division not to exceed fifty dollars per day, for each day devoted to the affairs of the board and may be reimbursed for actual and necessary expenses incurred in the performance of the member's official duties.
5. No rule or portion of a rule promulgated pursuant to the authority of sections 324.050 to 324.089 shall become effective unless it has been promulgated pursuant to the provisions of section 536.024.
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(L. 1997 S.B. 141 § 6, A.L. 2009 S.B. 296)
2023 Missouri Revised Statutes › Title XXII - Occupations and Professions › Chapter 324 - Occupations and Professions General Provisions › Section 324.068 - Division of professional registration duties.

Title XXII OCCUPATIONS AND PROFESSIONS
Chapter 324
• Effective - 28 Aug 2009
324.068. Division of professional registration duties. —
For the purpose of sections 324.050 to 324.089, the division shall:
(1) Employ, within the limits of the appropriations for that purpose, employees as are necessary to carry out the provisions of sections 324.050 to 324.089;
(2) Exercise all administrative functions; and
(3) Deposit all fees collected pursuant to sections 324.050 to 324.089, by transmitting such funds to the department of revenue for deposit to the state treasury to the credit of the Missouri board of occupational therapy fund.
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(L. 1997 S.B. 141 § 7, A.L. 2009 S.B. 296)
2023 Missouri Revised Statutes › Title XXII - Occupations and Professions › Chapter 324 - Occupations and Professions General Provisions › Section 324.071 - Application for a license — certification, when.

Title XXII OCCUPATIONS AND PROFESSIONS
Chapter 324
• Effective - 28 Aug 2018, 2 histories
324.071. Application for a license — certification, when. —
1. The applicant applying for a license to practice occupational therapy shall provide evidence of being initially certified by a certifying entity and has completed an application for licensure and all applicable fees have been paid.
2. The certification requirement shall be waived for those persons who hold a current registration by the board as an occupational therapist or occupational therapy assistant on August 28, 1997, provided that this application is made on or before October 31, 1997, and all applicable fees have been paid. All other requirements of sections 324.050 to 324.089 must be satisfied.
3. The person shall have no violations, suspensions, revocation or pending complaints for violation of regulations from a certifying entity or any governmental regulatory agency in the past five years.
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(L. 1997 S.B. 141 § 8, A.L. 1999 H.B. 343, A.L. 2009 S.B. 296, A.L. 2018 S.B. 840)
2023 Missouri Revised Statutes › Title XXII - Occupations and Professions › Chapter 324 - Occupations and Professions General Provisions › Section 324.074 - Missouri board of occupational therapy fund created.

Title XXII OCCUPATIONS AND PROFESSIONS
Chapter 324
• Effective - 28 Aug 1997
324.074. Missouri board of occupational therapy fund created. —
All money held in the health care providers fund shall be transferred to the "Missouri Board of Occupational Therapy Fund" which is hereby created. The provisions of section 33.080 to the contrary notwithstanding, money in the Missouri board of occupational therapy fund shall not be transferred and placed to the credit of general revenue until the amount in the fund at the end of the biennium exceeds three times the amount of appropriation from the fund for the preceding fiscal year. All fees shall be set at an amount which shall not substantially exceed the cost of administering sections 324.050 to 324.089.
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(L. 1997 S.B. 141 § 9)
2023 Missouri Revised Statutes › Title XXII - Occupations and Professions › Chapter 324 - Occupations and Professions General Provisions › Section 324.077 - Limited permit issued, when.

Title XXII OCCUPATIONS AND PROFESSIONS
Chapter 324
• Effective - 28 Aug 2009
324.077. Limited permit issued, when. —
The board may issue a limited permit, upon the payment of applicable fees and completion of the required application, to a person who sufficiently provides proof of eligibility to set for the first available examination upon completion of all other necessary requirements for certification by the certifying entity. The limited permit shall allow the person to practice occupational therapy under the supervision of a person currently licensed pursuant to sections 324.050 to 324.089. A limited permit shall only be effective up to but not to exceed the time the results of the second available examination are received by the board unless the person successfully passes the examination in which instance the limited permit shall remain valid for an additional sixty days.
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(L. 1997 S.B. 141 § 10, A.L. 2009 S.B. 296)