reglab/statecodes huggingface dataset:
Missouri Code of State Regulations › Title 19 - DEPARTMENT OF HEALTH AND SENIOR SERVICES › Division 73 - Missouri Board of Nursing Home Administrators › Chapter 1 - Organization and Description of Board › Section 19 CSR 73-1.010 - General Organization

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment adds the two (2) other
				  licensure levels outlined in
				  19 CSR
				  73-2.022 and
				  19 CSR
				  73-2.023, replaces executive secretary with board
				  office, and updates language.
(1) The Missouri Board of Nursing Home
				Administrators is a licensing board within the Department of Health and Senior
				Services.
(2) It is the function of
				the board to-
(A) Determine the qualifications
				of applicants for licensure to practice administration of a long-term care
				facility, as defined in section
				344.010, RSMo, in
				this state;
(B) Issue licenses to
				those persons who meet the standards of professional competence set forth in
				the statutes and as determined at the discretion of the board; and
(C) Approve continuing education activities
				and courses of instruction and training required of applicants or
				licensees.
Missouri Code of State Regulations › Title 19 - DEPARTMENT OF HEALTH AND SENIOR SERVICES › Division 73 - Missouri Board of Nursing Home Administrators › Chapter 2 - General Rules › Section 19 CSR 73-2.011 - Fee Waiver for Military Families and Low-Income Individuals

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule complies with section 324.015.6,
				  RSMo, which requires the Board of Nursing Home Administrators to promulgate
				  rules to implement the provisions of section
				  324.015, RSMo, the waiver of
				  occupational fees for military families and low-income individuals for a period
				  of two (2) years.
(1) For
				purposes of this regulation, all terms shall have the same definition as
				contained in section 324.015.1, RSMo.
(2) Individuals seeking a waiver must apply
				with the Board of Nursing Home Administrators in writing and include
				documentation that establishes eligibility for the waiver pursuant to section
				324.015, RSMo.
Missouri Code of State Regulations › Title 19 - DEPARTMENT OF HEALTH AND SENIOR SERVICES › Division 73 - Missouri Board of Nursing Home Administrators › Chapter 2 - General Rules › Section 19 CSR 73-2.015 - Fees

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment removes the duplicate license
				  fee.
(1) The following fees
				are required by the Board of Nursing Home Administrators:
(A) Application Review Fee (including reciprocity)
$150
(B) License Renewal Fee
1. One (1)-year license
$ 50
2. Two (2)-year license
$100
3. Inactive License
$ 50
(C) License Renewal Late Penalty Fee (This fee is in
						  addition to the renewal fee listed in subsection (1)(B))
$ 25
(D) Inactive License Fee
$ 50
(E) Reactivate Inactive License Fee
$100
(F) Retired License Fee
$ 50
(G) Single Offering Fee (per requested clock hour)
$ 15
(H) Single Offering Late Filing Fee
$ 50
(I) Insufficient Funds Charge
$ 25
(2)
				Fees must be made payable to the Department of Health and Senior Services in
				the form of a cashier's check, personal check, company check, money order, or
				through the on-line application system by credit card.
(3) All fees are nonrefundable.
(4) The provisions of this rule are declared
				severable. If any fee fixed by this rule is held invalid by a court of
				competent jurisdiction or by the Administrative Hearing Commission, the
				remaining provisions of this rule shall remain in full force and effect, unless
				otherwise determined by a court of competent jurisdiction or by the
				Administrative Hearing Commission.
*Original authority: 344.070, RSMo 1969, amended 1979,
					 1993, 1995, 2007.
Missouri Code of State Regulations › Title 19 - DEPARTMENT OF HEALTH AND SENIOR SERVICES › Division 73 - Missouri Board of Nursing Home Administrators › Chapter 2 - General Rules › Section 19 CSR 73-2.023 - Procedures and Requirements for Limited Licensure of Administrators

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule specifies the minimum requirements
				  for limited licensure as a nursing home administrator in Missouri as outlined
				  in section 344.030.3, RSMo.
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.
(1) An applicant interested in becoming a
				licensed nursing home administrator in an institution certified by the
				Commission for Accreditation of Christian Science Nursing
				Organizations/Facilities, Inc. as outlined in section 344.030.3, RSMo, shall
				either file an application on a form furnished by the board or through the
				board's electronic online system. The application form, MO 580-2518 (03-11),
				Application for Licensure NHA, is incorporated by reference in this rule and is
				available on the web at www.health.mo.gov/information/boards/bnha or by
				contacting the board at PO Box 570, Jefferson City, MO 65102, (573) 751-3511.
				This rule does not incorporate any subsequent amendments or additions. The
				application shall be completed and returned to the board with the fee
				referenced in 19 CSR 73-2.015. Information
				provided in the application shall be attested by signature to be true and
				correct to the best of the applicant's knowledge and belief.
(2) The completed application for the limited
				licensure pursuant to section 344.030.3, RSMo, shall provide satisfactory proof
				that the applicant has met the following minimum requirements:
(A) Eighteen (18) years of age or
				over;
(B) A high school diploma or
				equivalent;
(C) Of good moral
				character; and
(D) Has not been
				convicted of any crime, an essential element of which is fraud, dishonesty or
				moral turpitude, or which involves the operation of a long-term care facility
				or other health-care facility, whether or not sentence was imposed. A copy of
				the record of conviction or plea of guilty or nolo contendere shall be
				conclusive evidence of the conviction.
Missouri Code of State Regulations › Title 19 - DEPARTMENT OF HEALTH AND SENIOR SERVICES › Division 73 - Missouri Board of Nursing Home Administrators › Chapter 2 - General Rules › Section 19 CSR 73-2.025 - Licensure by Reciprocity

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment modifies the requirements for
				  licensure by reciprocity as outlined in section
				  324.009, RSMo.
(1) An applicant who holds a valid current
				license as an administrator in any state, branch of the military, territory, or
				the District of Columbia may apply for the appropriate licensure level by
				reciprocity (nursing home administrator license or residential care and
				assisted living administrator license). The application forms MO 580-2518
				(03-11), Application for Licensure NHA, and MO 580-2987 (03-11), Application
				for Licensure RCAL, are incorporated by reference in this rule and are
				available on the web at
www.health.mo.gov/information/boards/bnha
or by contacting the board at PO Box 570, Jefferson City, MO 65102, (573)
				751-3511. Information provided in the application must be attested by signature
				to be true and correct. This rule does not incorporate any subsequent
				amendments or additions.
(2) The
				applicant must file the appropriate application for licensure, along with a
				nonrefundable application fee referenced in
				19 CSR
				73-2.015, and supply the board with satisfactory
				evidence that the following requirements have been met:
(A) Eighteen (18) years of age or
				older;
(B) The applicant meets one
				(1) of the following criteria:
1. Health
				Services Executive (HSE) qualified by the National Association of Long Term
				Care Administrator Boards (NAB); or
2. Obtained a passing score on the national
				examination and has held in good standing for at least one (1) year a current
				administrator license issued by another state, a branch of the military, a
				territory of the United States, or the District of Columbia, so long as such
				administrator license is equivalent to the license being applied for as
				determined by the board; and
(C) If the applicant has a criminal
				conviction as defined in section
				324.012, RSMo, the board will
				follow the provisions of section
				324.012, RSMo, in deciding
				whether to grant reciprocity.
Missouri Code of State Regulations › Title 19 - DEPARTMENT OF HEALTH AND SENIOR SERVICES › Division 73 - Missouri Board of Nursing Home Administrators › Chapter 2 - General Rules › Section 19 CSR 73-2.031 - Prescribed Course of Instruction and Training

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule describes the course of
				  instruction and training that may be prescribed by the board under the
				  authority as set forth in section 344.030.1., RSMo.
(1) Applicants who do not otherwise qualify
				for examination shall complete one (1) of the following courses of instruction
				and training. The formal instruction shall be coursework qualifying for
				academic credit, completed with a grade of not less than "C." A portion of the
				formal instruction may be from an intensive and comprehensive seminar of at
				least forty (40) clock hours specific to longterm care administration which has
				been approved by the board. An applicant who has completed-
(A) A high school education or the
				equivalent, must complete three hundred fifteen (315) clock hours of formal
				instruction and a minimum of two thousand (2,000) clock hours of
				internship;
(B) A licensed
				practical nurse program, must complete two hundred twenty-five (225) clock
				hours of formal instruction and a minimum of eight hundred (800) clock hours of
				internship;
(C) An associate
				degree, must complete six hundred forty (640) clock hours of
				internship;
(D) A three (3) year
				diploma program or a baccalaureate of science (BS)/baccalaureate of arts (BA),
				must complete five hundred (500) clock hours of internship; or
(E) A masters or beyond, must complete five
				hundred (500) clock hours of internship.
Missouri Code of State Regulations › Title 19 - DEPARTMENT OF HEALTH AND SENIOR SERVICES › Division 73 - Missouri Board of Nursing Home Administrators › Chapter 2 - General Rules › Section 19 CSR 73-2.050 - Renewal of Licenses

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment allows the Missouri Board of
				  Nursing Home Administrators to notify its licensees of renewals and for
				  licensees to renew their licenses by electronic means according to the
				  provisions of section
				  344.040,
				  RSMo, and allows licensees to carry over continuing education hours from one
				  (1) licensure period to another.
(1) By April 1 of each year, the board shall
				notify by mail or electronic communication every person whose license is due to
				be renewed by June 30 during the current year.
(2) Licenses will be renewed if the licensee-
(A) Files an application for renewal on the
				appropriate licensure-level (nursing home administrator or residential care and
				assisted living administrator) form furnished by the board or renews through
				the board's electronic online system on or before May 30 to ensure receipt of a
				new license prior to June 30. The application forms, MO 580-2991 (03-11),
				Application for License Renewal NHA, and MO 580-2988 (03-11), Application for
				License Renewal RCAL, are incorporated by reference in this rule and are
				available on the web at www.health.mo.gov/information/boards/bnha or by
				contacting the board at PO Box 570, Jefferson City, MO 65102, (573) 751-3511.
				This rule does not incorporate any subsequent amendments or additions.
				Information provided in the application shall include an attestation verifying
				that the licensee has completed at least forty (40) clock hours of
				board-approved continuing education, as outlined in 19 CSR 73-2.050(3). Any
				number of continuing education hours earned in the month of June in excess of
				the required hours may be carried over to the next renewal period.
1. Licensees shall maintain proof of having
				completed the number of continuing education hours claimed at the time of
				renewal.
2. Upon request of the
				board, make that proof available for audit to verify completion of the number
				and validity of hours claimed;
Missouri Code of State Regulations › Title 19 - DEPARTMENT OF HEALTH AND SENIOR SERVICES › Division 73 - Missouri Board of Nursing Home Administrators › Chapter 2 - General Rules › Section 19 CSR 73-2.051 - Retired Licensure Status

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment deletes the notarization
				  requirement and clarifies the procedures to retire or reactivate the
				  license.
(1) Any currently
				licensed administrator may request to retire the license if s/he has maintained
				an active Missouri license at least ten (10) years and has retired from the
				practice of long-term care administration.
(2) Licensees interested in making
				application shall submit the following information to the board prior to June
				30 of the year of renewal of the administrator's active license:
(A) The fee referenced in
				19 CSR
				73-2.015; and
(B) Original wall license and all other
				evidence of licensure or evidence satisfactory to the board that the license
				has been lost, stolen, or destroyed.
Missouri Code of State Regulations › Title 19 - DEPARTMENT OF HEALTH AND SENIOR SERVICES › Division 73 - Missouri Board of Nursing Home Administrators › Chapter 2 - General Rules › Section 19 CSR 73-2.053 - Inactive Licensure Status

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment removes the requirement for
				  notarization of requests for inactive status and clarifies the procedures to
				  put the license in inactive status, renew inactive status, and reactivate the
				  license.
(1) Any
				administrator possessing a current license to practice as an administrator in
				Missouri may request an inactive license.
(2) Licensees interested in requesting an
				inactive license shall submit the following information to the board prior to
				June 30 of the year of renewal of the administrator's active license:
(A) The fee referenced in
				19 CSR
				73-2.015;
(B) Original wall license and all other
				evidence of licensure, or evidence satisfactory to the board that the license
				has been lost, stolen, or destroyed; and
(C) Evidence satisfactory to the board of completion
				of ten (10) clock hours of continuing education in the area of patient care.
The licensee may complete up to five (5) hours out of the ten
				  (10) hours of continuing education from on-line continuing education programs
				  if a Missouri board-approved training agency offers the program or approved by
				  the National Continuing Education Service (NCERS) under the National
				  Association of Long Term Care Administrator Boards (NAB).
Missouri Code of State Regulations › Title 19 - DEPARTMENT OF HEALTH AND SENIOR SERVICES › Division 73 - Missouri Board of Nursing Home Administrators › Chapter 2 - General Rules › Section 19 CSR 73-2.055 - Renewal of Expired License

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment provides updated language and
				  adds the licensure types
				  19 CSR
				  73-2.022,
				  19 CSR
				  73-2.023, and 19 CSR 732.025.
(1) Any licensee who fails to submit the
				required application, documentation, and/or fee for license renewal prior to
				expiration of that license on June 30 may be relicensed by meeting the
				requirements of this regulation provided that the license has not been expired
				for a period of more than twelve (12) months.
(2) The licensee must complete and file a
				license renewal application referenced in 19 CSR 732.050, along with a renewal
				fee referenced in 19 CSR 73-2.015 for a two- (2-)
				year license, plus the penalty fee. Satisfactory evidence of board-approved
				continuing education (as outlined in 19 CSR 732.050) must also be submitted
				with the license renewal application. Information provided in the application
				must be attested to by signature to be true and correct to the best of the
				applicant's knowledge and belief and include an attestation verifying that the
				licensee has completed the required number of board-approved continuing
				education clock hours obtained during the current licensure period.
(3) The licensee must also supply the board
				with a statement indicating employment status from the point the license
				expired through the filing of the application for late renewal. The licensee
				must include in the statement written reasons why the license was not renewed
				prior to the expiration date of June 30.
(4) The board-approved continuing education
				must be obtained as described in
				19 CSR
				73-2.050.
(5) Upon receipt of the required application,
				documentation and fee, the board may issue the license effective the date the
				late renewal is approved by the board.
(6) A person whose license has expired for a
				period of more than twelve (12) months must meet the requirements set out in
				19 CSR
				73-2.020,
				19 CSR
				73-2.022,
				19 CSR
				73-2.023, or 19 CSR 732.025 for licensure.
(7) Upon expiration of the license, a
				licensee cannot act in the capacity of an administrator. To do so is a
				violation of section
				344.020,
				RSMo, and may be grounds for denial of the late renewal application or be cause
				for discipline of the license.
*Original authority: 344.040, RSMo 1969, amended 1979,
					 1987, 1989, 2000, 2005, 2007; and 344.070, RSMo 1969, amended 1979, 1993, 1995,
					 2007.
Missouri Code of State Regulations › Title 19 - DEPARTMENT OF HEALTH AND SENIOR SERVICES › Division 73 - Missouri Board of Nursing Home Administrators › Chapter 2 - General Rules › Section 19 CSR 73-2.070 - Examination

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule describes the conditions and
				  procedures for examination.
(1) The board shall approve the content and
				form of all examinations administered to applicants for licensure.
(2) The examination(s) must be taken within
				twelve (12) months of the written notice of board evaluation and qualification.
				Failure to do so will cause full reapplication to be necessary.
(3) Qualified applicants will be eligible to
				take the appropriate licensure-level (nursing home administrator license or
				residential care and assisted living administrator license) national
				examination through the National Association of Boards of Examiners of Long
				Term Care Administrators (NAB).
(4)
				Qualified applicants will be eligible to take the appropriate licensure-level
				(nursing home administrator license or residential care and assisted living
				administrator license) state examination prescribed by the board.
(5) Individuals making initial application
				for licensure, within twenty-one (21) days of a board meeting date, may be
				required to wait until a subsequent date to be evaluated.
(6) Applicants shall obtain a passing score
				on the examination(s) prescribed by the board. The passing score shall be based
				upon the scale score passing point of one hundred thirteen (113) on the
				national examination and seventy-five percent (75%) on the state
				examination.
(7) If an applicant
				fails to make a passing grade on one or both of the required examinations, the
				applicant may make application for reexamination and pay the required fees. If
				an applicant fails only one of the required examinations and then fails to
				retake and pass the examination within a twelve (12)-month period, the
				applicant shall be required to take and pass both examinations before the board
				will issue the applicant a license.
(8) If an applicant fails either of the
				examination(s) a third time, the applicant must complete a course of
				instruction prescribed and approved by the board. After completion of the
				board-prescribed course of instruction, the applicant may reapply for
				board-approved examination(s). No applicant shall be licensed by the board
				after a third licensure examination failure unless the applicant successfully
				completes the board-prescribed course of instruction and passes the
				board-approved examination(s). With regard to any nationally certified
				examination required for licensure, no examination scores from other states
				shall be recognized by the board after the applicant has failed for a third
				time to pass the examination.
*Original authority: 344.070, RSMo 1969, amended 1979,
					 1993, 1995, 2007.
Missouri Code of State Regulations › Title 19 - DEPARTMENT OF HEALTH AND SENIOR SERVICES › Division 73 - Missouri Board of Nursing Home Administrators › Chapter 2 - General Rules › Section 19 CSR 73-2.080 - Temporary Emergency Licenses

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment modifies the temporary
				  emergency license criteria as outlined in section
				  344.030.4, RSMo.
(1) The application for a temporary emergency
				license must be filed with the board. The application form MO 580-2664
				(2-2023), Temporary Emergency License Application, is incorporated by reference
				in this rule and is available on the web at
www.health.mo.gov/information/boards/bnha
or by contacting the board at PO Box 570, Jefferson City, MO 65102, (573)
				751-3511. This rule does not incorporate any subsequent amendments or
				additions. The application must demonstrate that the applicant meets the
				requirements for a temporary emergency license as set forth in section
				344.030.4, RSMo, and must
				include the following:
(A) The signature of
				the appropriate authority at the facility where the emergency exists and of the
				person for whom the license is requested;
(B) The name of the licensed administrator
				who has died, been removed, or vacated the position and the effective date of
				the death, removal, or vacancy;
(C)
				A complete initial application for licensure and a fee for the person for whom
				the emergency license is requested; and
(D) The complete initial application, fee, and
				application for a temporary emergency license must be filed with the board
				immediately upon notification of, or realization by, the person making the
				application, but in no event more than ten (10) working days from the effective
				date referred to in subsection (1)(B).
Missouri Code of State Regulations › Title 19 - DEPARTMENT OF HEALTH AND SENIOR SERVICES › Division 73 - Missouri Board of Nursing Home Administrators › Chapter 2 - General Rules › Section 19 CSR 73-2.095 - Standards of Professional Conduct

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: The Board of Nursing Home Administrators is
				  committed to high standards of care for the aging population in Missouri
				  nursing homes. To assure that those standards are met by licensed
				  administrators in Missouri, the board provides standards of conduct consistent
				  with accepted standards of the nursing home administration profession. Behavior
				  (acts, knowledge and practice) which fails to conform to the accepted standards
				  shall constitute unprofessional conduct. This rule sets out those standards
				  which must be maintained by the nursing home administrator.
(1) The administrator shall-
(A) Be held responsible for informing
				him/herself of the needs of the residents and the needs of the facility and
				apprise the operator of these needs on a routine basis;
(B) Be held responsible for the actions of
				all employees with regard to Chapter 198, RSMo, unless-
1. Upon learning of the violation, the
				administrator attempted to immediately correct the violation;
2. The administrator did not sanction the
				violation; and
3. The administrator
				did not attempt to avoid learning of the violation;
(C) Establish and enforce policies and
				procedures to safeguard patient or resident care;
(D) Establish and enforce policies and
				procedures for the protection of residents rights, funds and
				property;
(E) Establish and enforce
				policies and procedures for all nursing home rules as stated in 19 CSR 30-82
				through 19 CSR 30-89;
(F) Not
				permit or allow another person to use his/her nursing home administrator
				license for any purpose;
(G) Report
				through the proper channels the incompetent, unethical or illegal practice of
				any health care professional; and
(H) Devote reasonable time and attention to
				the management of the health, safety and welfare of the residents of the
				facility.
Missouri Code of State Regulations › Title 19 - DEPARTMENT OF HEALTH AND SENIOR SERVICES › Division 73 - Missouri Board of Nursing Home Administrators › Chapter 2 - General Rules › Section 19 CSR 73-2.100 - Restoration and Rehabilitation of Suspended/Revoked Licenses

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule describes the conditions and
				  procedures for the restoration and rehabilitation of suspended/revoked
				  licenses.
(1) Each applicant
				seeking to restore to good standing a license, issued under Chapter 344, RSMo,
				which has been revoked, suspended or if there has been a finding of cause for
				discipline, must present with his/her application whatever evidence the board
				may have required at the time of the revocation or suspension. The board may
				require whatever steps as are rationally related to the cause of disciplinary
				action.
*Original authority: 344.070, RSMo 1969, amended 1979,
					 1993.
Missouri Code of State Regulations › Title 19 - DEPARTMENT OF HEALTH AND SENIOR SERVICES › Division 73 - Missouri Board of Nursing Home Administrators › Chapter 2 - General Rules › Section 19 CSR 73-2.105 - Disciplinary Proceedings

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule describes the board's procedure
				  for the investigation of a complaint or referral and stipulates the conduct of
				  disciplinary hearings upon receipt of a ruling from the Administrative Hearing
				  Commission that a licensee has violated Chapter 344, RSMo.
(1) Upon receipt of a complaint or referral,
				the board shall investigate the actions of the licensee against whom the
				complaint is made. In conducting an investigation, the board, in its
				discretion, may request the licensee under investigation to answer the charges
				made against him/her in writing, and to produce relevant documentary evidence
				and may request him/her to appear before the board. A copy of any written
				answer of the licensee may be furnished to the complainant.
(2) Upon final ruling by the Administrative
				Hearing Commission that the acts of a licensee constitute a violation of the
				licensure law or these rules, the board shall proceed to revoke or suspend the
				license of the offending licensee or take other authorized action as it shall
				deem appropriate.
(3) After the
				hearing, the board, singly or in combination, may censure or place the licensee
				on probation on terms and conditions as the board deems appropriate. These
				conditions may include, but shall not be limited to, satisfactory completion of
				certain educational requirements, passage of a written examination of the type
				given to applicants for licensure, making personal appearances before and
				periodic reports to the board, and restitution of money or property.
*Original authority: 344.070, RSMo 1969, amended 1979,
					 1993.
Missouri Code of State Regulations › Title 19 - DEPARTMENT OF HEALTH AND SENIOR SERVICES › Division 73 - Missouri Board of Nursing Home Administrators › Chapter 2 - General Rules › Section 19 CSR 73-2.110 - Display of License

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment includes the new licensure
				  level of the residential care and assisted living administrator, pursuant to
				  19 CSR
				  73-2.022.
(1) Every person licensed as a nursing home
				administrator or residential care and assisted living administrator must
				display the license in a conspicuous place in the office or place of business
				of employment of that license. Affixed to the license will be verification from
				the board of current renewal.
*Original authority: 344.070, RSMo 1969, amended 1979,
					 1993.
Missouri Code of State Regulations › Title 19 - DEPARTMENT OF HEALTH AND SENIOR SERVICES › Division 73 - Missouri Board of Nursing Home Administrators › Chapter 2 - General Rules › Section 19 CSR 73-2.120 - Duplicate License

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment removes the fee and the
				  affidavit requirement.
(1) If
				an administrator requires a duplicate license, the administrator must submit a
				written request for a duplicate license to the board office, along with a
				written explanation as to why the original license is no longer
				available.
*Original authority: 344.070, RSMo 1969, amended 1979,
					 1993, 1995, 2007.
Missouri Code of State Regulations › Title 19 - DEPARTMENT OF HEALTH AND SENIOR SERVICES › Division 73 - Missouri Board of Nursing Home Administrators › Chapter 2 - General Rules › Section 19 CSR 73-2.130 - Notice of Change of Contact Information and Missouri Administrator Employment

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: The purpose of the amendment is to modify
				  the number of days for an administrator to provide notification to the board
				  and clarify the information that must be updated with the
				  board.
(1) Each administrator
				shall notify the board office of his/her current contact information within ten
				(10) calendar days of change for any of the following:
(A) Personal contact information, which shall
				include administrator license number, personal mailing address, email, and
				telephone number(s); and
(B)
				Missouri administrator employment, which shall include, administrator license
				number, facility name, mailing address, telephone number(s), and employment
				dates.
Missouri Code of State Regulations › Title 19 - DEPARTMENT OF HEALTH AND SENIOR SERVICES › Division 100 - Division of Cannabis Regulation › Chapter 1 - Marijuana › Section 19 CSR 100-1.010 - Definitions

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule defines terms used in Chapter
				  1
.
(1) "Administer" means the
				direct application of marijuana by way of any of the following methods:
(A) Ingestion of capsules, teas, oils, and
				other marijuana-infused products;
(B) Vaporization or smoking of dried flowers,
				buds, plant material, extracts, oils, and other marijuana-infused
				products;
(C) Application of
				ointments or balms;
(D) Transdermal
				patches and suppositories;
(E)
				Consuming marijuana-infused food products; or
(F) Any other method recommended by a
				qualifying patient's physician or nurse practitioner.
Missouri Code of State Regulations › Title 19 - DEPARTMENT OF HEALTH AND SENIOR SERVICES › Division 100 - Division of Cannabis Regulation › Chapter 1 - Marijuana › Section 19 CSR 100-1.020 - Generally Applicable Provisions

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: The Department of Health and Senior Services
				  has the authority to promulgate rules for the enforcement of Article XIV,
				  Sections 1 and 2 of the Missouri Constitution. This rule applies to all
				  individuals and entities regulated under Article XIV and explains what general
				  provisions are necessary for the enforcement of the Article
.
(1) Variances and waivers.
(A) The department may waive or vary from, at
				its discretion and for good cause, provisions of this chapter, on its own
				initiative or by request.
(B)
				Requests for a waiver or variance from the requirements of any provision of
				this chapter shall be made in writing. Requests shall include-
1. An administrative and processing fee of
				one hundred dollars ($100);
2. A
				list of each requirement and specific rule for which a variance or waiver is
				requested;
3. A detailed
				explanation for why the applicant, ID card holder, or licensee believes there
				is good cause to vary from or waive the requirement; and
4. For a variance, a description of an
				adequate alternative the entity will implement in lieu of the rule
				requirement.
(C) No
				waiver or variance request is approved unless the department issues a written
				approval.
Missouri Code of State Regulations › Title 19 - DEPARTMENT OF HEALTH AND SENIOR SERVICES › Division 100 - Division of Cannabis Regulation › Chapter 1 - Marijuana › Section 19 CSR 100-1.030 - Complaints, Inspections, and Investigations

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: Article XIV, Sections 1 and 2 of the
				  Missouri Constitution, authorizes the Department of Health and Senior Services
				  to promulgate rules for the implementation and enforcement of the Article and
				  to ensure the right to, availability, and safe use of marijuana product. This
				  section applies to complaints, inspections, and investigations of licensed or
				  certified facilities and identification card holders.
(1) Complaints. The department may receive
				complaints related to any medical or marijuana facility or licensee, or any
				individual holding a department issued identification card. Complaints may be
				submitted through the department website.
(A)
				Upon receipt of a complaint, the department will determine whether the
				allegations in the complaint warrant further investigation. The department can
				either close the complaint or conduct an investigation.
(B) If the department determines a complaint
				against a licensed facility warrants further investigation, the department will
				advise the licensee of the nature of the allegations in the complaint and
				provide the licensee with opportunity to respond.
(C) Current and former employees,
				contractors, owners, and volunteers of a licensee who, in good faith, report
				potential rule violations to the department may not be subjected to retaliation
				of any kind by the licensee because of their report.
Missouri Code of State Regulations › Title 19 - DEPARTMENT OF HEALTH AND SENIOR SERVICES › Division 100 - Division of Cannabis Regulation › Chapter 1 - Marijuana › Section 19 CSR 100-1.050 - Physicians and Nurse Practitioners

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: Under Article XIV, Section 1 of the Missouri
				  Constitution, patients with qualifying medical conditions have the right to
				  discuss freely with their physicians and nurse practitioners the possible
				  benefits of medical marijuana use, and physicians and nurse practitioners have
				  the right to provide professional advice concerning the same. This rule
				  explains how the department will implement provisions of Article XIV, Section
				  1, related to physicians and nurse practitioners.
(1) Certifying physician or nurse
				practitioner qualifications. All physicians or nurse practitioners who intend
				to certify patients for their patient medical marijuana licenses must be
				licensed to practice in their respective fields and must be in good standing.
(A) A certifying physician must have a
				current license to practice medicine or osteopathy. Practice of medicine or
				osteopathy means practice by persons who hold a physician and surgeon license
				pursuant to Chapter 334, RSMo, including those who are admitted to practice in
				Missouri by reciprocity pursuant to section
				334.043, RSMo.
(B) A nurse practitioner must have a current
				Missouri or compact RN license and be recognized by the Missouri State Board of
				Nursing as an advanced practice registered nurse.
(C) A physician is in good standing if -
1. The physician's license is registered with
				the Missouri Board of Healing Arts as current, active, and not restricted in
				any way, such as by designation as temporary or limited; and
2. The physician is not currently on the list
				of individuals from whom the department will not accept
				certifications.
(D) A
				nurse practitioner is in good standing if -
1.
				That individual's license is registered with the Missouri State Board of
				Nursing as current and active;
2.
				That individual's license is not restricted in any way, such as by designation
				as cease and desist, denial of license, expired, restriction, revoked,
				suspension, voluntary agreement to refrain from practice, or voluntary
				surrender; and
3. That person is
				not currently on the list of individuals from whom the department will not
				accept certifications.
Missouri Code of State Regulations › Title 19 - DEPARTMENT OF HEALTH AND SENIOR SERVICES › Division 100 - Division of Cannabis Regulation › Chapter 1 - Marijuana › Section 19 CSR 100-1.060 - Facility Applications and Selection

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule explains how medical and marijuana
				  facility licensing and certification applications, with the exception of
				  seed-to-sale tracking system entity applications, are submitted and how the
				  Department of Health of Senior Services selects licenses and
				  certificates.
(1) Conversion
				from a medical facility license to a comprehensive facility license.
(A) A medical facility licensee may request
				its medical facility license convert to a comprehensive facility license.
1. Conversion requests must be submitted in a
				department- provided, web-based application system.
2. Conversion requests shall include a plan
				that explains how the applicant will serve both the medical and adult-use
				markets, while maintaining adequate supply at a reasonable cost to qualifying
				patients.
3. Conversion requests
				shall include a plan to promote and encourage participation in the regulated
				marijuana industry by people from communities that have been disproportionately
				impacted by marijuana prohibition.
4. Conversion requests shall be accompanied
				by a nonrefundable fee of two thousand dollars ($2000).
5. A conversion request is deemed received
				when all required documents and fees are received by the department.
6. The department shall approve or deny
				conversion requests by email to the licensee's designated contact within sixty
				(60) days after the conversion request is received. Conversion requests not
				processed within sixty (60) days of department receipt shall be deemed
				approved.
7. If the comprehensive
				facility previously received approval to operate as a medical facility, the
				comprehensive licensee may begin operating without additional approvals or
				inspections from the department. If the comprehensive facility did not
				previously receive approval to operate as a medical facility, the comprehensive
				licensee may not operate until it requests a commencement inspection and
				receives approval to operate as a comprehensive facility.
8. A conversion request will be granted
				unless the medical facility licensee is not in good standing with the
				department. Good standing means the license is not suspended or revoked at the
				time the request is made.
Missouri Code of State Regulations › Title 19 - DEPARTMENT OF HEALTH AND SENIOR SERVICES › Division 100 - Division of Cannabis Regulation › Chapter 1 - Marijuana › Section 19 CSR 100-1.070 - Facility Ownership and Employment

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: The Department of Health and Senior Services
				  has the authority to promulgate rules for the enforcement of Article XIV,
				  Sections 1 and 2 of the Missouri Constitution. This rule explains what general
				  provisions are necessary for ownership and employment related to regulated
				  medical and marijuana facilities, with the exception of seed-to-sale tracking
				  system entities.
(1) Facility
				ownership.
(A) No medical facility shall be
				owned, in whole or in part, by an individual with a disqualifying felony
				offense.
(B) A marijuana facility
				shall not have as an owner any individual with a disqualifying felony
				offense.
(C) Facility owners must
				notify the department of any charges for felony offenses, including the
				assigned case number, within thirty (30) days of being charged.
(D) No medical or marijuana licensee may be
				owned by or affiliated with an entity that holds a contract with the state of
				Missouri for any product or service related to the department's marijuana
				program.
(E) An entity, which
				includes an individual, may not be an owner in more than ten percent (10%) of
				the total number of comprehensive and medical licenses, within a facility type,
				as described in Article XIV Section
				2.3(9-11).
(F) No marijuana testing facility shall be
				owned by an entity or entities under substantially common control, ownership,
				or management as a cultivation facility, marijuana-infused products
				manufacturing facility, or dispensary facility.
(G) An owner of a marijuana microbusiness
				facility may not also be an owner of another licensed marijuana facility or
				medical facility.
(H) If the
				ownership of a medical or marijuana facility license is disputed to an extent
				that the dispute impairs the operations of the facility or the department's
				review of an application, the department may restrict or suspend the operations
				of the facility license until the dispute is resolved, or it may deny a pending
				application. If a facility license is restricted or suspended for this reason
				for longer than one (1) year, the department may revoke the facility license or
				pursue other remedies consistent with this chapter or Article XIV.
Missouri Code of State Regulations › Title 19 - DEPARTMENT OF HEALTH AND SENIOR SERVICES › Division 100 - Division of Cannabis Regulation › Chapter 1 - Marijuana › Section 19 CSR 100-1.080 - Facility Employee Training

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: Under Article XIV, Sections 1 and 2 of the
				  Missouri Constitution, the Department of Health and Senior Services has the
				  authority to regulate and control medical and marijuana facilities. This rule
				  explains what training all medical and marijuana facility licensees are
				  required to provide to employees.
(1) Licensees must ensure all facility
				employees, contractors, and volunteers, are trained in at least the following
				and must maintain records of employee training for at least five (5) years:
(A) The use of security measures and controls
				that have been adopted by the licensee for the prevention of diversion,
				inversion, theft, or loss of marijuana product, as applicable to the employee's
				duties;
(B) Proper use of the
				statewide track and trace system, as applicable to the employee's
				duties;
(C) Procedures for
				responding to an emergency, including severe weather, fire, natural disasters,
				and unauthorized intrusions;
(D)
				The safety and sanitation procedures of the facility, as applicable to the
				employee's duties;
(E) Department
				rules and guidance as applicable to the employee's duties;
(F) All processes and procedures used by the
				facility that are applicable to that employee's duties;
(G) Transportation and dispensary licensees
				must ensure employees responsible for assisting customers or handling customer
				purchase records are trained in standards for maintaining the confidentiality
				of information related to the use of marijuana product and in procedures for
				verifying the identity and age of consumers, qualifying patients, and primary
				caregivers; and
(H) Dispensary
				licensees must ensure that employees responsible for assisting customers are
				trained in the following:
1. Procedures for
				verifying purchase limitations of consumers, qualifying patients, and primary
				caregivers;
2. The differences in
				the purported effects and effectiveness of the strains of marijuana available
				for purchase at their dispensary and the methods of their use;
3. The expected timeframes for individuals to
				feel the effects of marijuana product based on their chosen method of use;
				and
4. Procedures for verifying a
				purchaser of marijuana product is of lawful age pursuant to this
				chapter.
Missouri Code of State Regulations › Title 19 - DEPARTMENT OF HEALTH AND SENIOR SERVICES › Division 100 - Division of Cannabis Regulation › Chapter 1 - Marijuana › Section 19 CSR 100-1.100 - Facilities Generally

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: Under Article XIV, Sections 1 and 2 of the
				  Missouri Constitution, the Department of Health and Senior Services is
				  authorized to regulate and control the operations of medical and marijuana
				  facilities. This rule explains general operating requirements applicable to all
				  licensed and certificated facilities.
(1) Licensing and location.
(A) An entity must obtain a separate license
				or certificate for each facility. Subject to department pre-approval, multiple
				licenses or certificates may be utilized at a single location. Testing
				licensees may not share space with any other facility.
(B) Each license or certification shall be
				charged an annual fee once the license or certification is granted. The first
				annual fee will be due thirty (30) days after a license or certification is
				issued and shall be due annually on that same date as long as the license or
				certification remains valid, except for in the case of microbusinesses whose
				first annual fee will be due on the anniversary of their licensure. The
				department shall publish the current fees, including any adjustments, on its
				website. The fees due will be the amount that is effective as of that license
				or certification's annual fee due date.
(C) Unless expressly allowed by the local
				government, no medical or marijuana facility, including any offsite warehouses,
				shall be sited, at the time of application for license, certification, or local
				zoning approval, whichever is earlier, or at time of application for
				relocation, within one thousand feet (1,000') of any then-existing elementary
				or secondary school, daycare, or church. The method of measuring distances is
				governed by Article XIV.
(D) A
				dispensary or microbusiness will only be approved to relocate within the
				congressional district in which they were originally licensed.
Missouri Code of State Regulations › Title 19 - DEPARTMENT OF HEALTH AND SENIOR SERVICES › Division 100 - Division of Cannabis Regulation › Chapter 1 - Marijuana › Section 19 CSR 100-1.110 - Testing

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: Under Article XIV, Sections 1 and 2 of the
				  Missouri Constitution, the Department of Health and Senior Services has the
				  authority to regulate and control marijuana facilities and to ensure the safe
				  use of marijuana product. This rule explains what regulations apply to the
				  testing of marijuana product.
(1) Marijuana testing, generally.
(A) Testing licensees shall test all lots of
				marijuana product produced by medical and marijuana facilities, including
				prerolls created at dispensary facilities but excluding seeds and plants,
				before it may be sold for use by a patient or consumer.