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Missouri Revised Statutes
Chapter 337 — Psychologists — Professional Counselors— Social Workers Chapter 338 — Pharmacists and Pharmacies Chapter 344 — Nursing Home Administrators Chapter 345 — Speech Pathologists and Audiologists

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Missouri Revised Statutes TITLE XXII OCCUPATIONS AND PROFESSIONS August 28, 2009
Chapter 337 -- Psychologists—Professional Counselors—Social Workers
Section 337.010. Definitions. Section 337.015. Practice of psychology regulated—practice of psychology, defined. Section 337.020. Temporary, provisional or permanent licenses, application, qualifications, examinations, fees. Section 337.021. Educational and experience requirements for licensure, certain persons. Section 337.025. Educational and experience requirements for licensure, certain persons. Section 337.027. Educational requirements deemed met, when. Section 337.029. Licenses based on reciprocity to be issued, when—health service provider certification eligibility. Section 337.030. License renewal, registration fee, proof of compliance—late registration, penalty— lost certificate, how replaced—fees, amount how set—inactive license issued, when. Section 337.033. Limitations on areas of practice—relevant professional education and training,
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defined—criteria for program of graduate study—health service provider certification, requirements for certain persons —automatic certification for certain persons. Section 337.035. Denial, revocation, or suspension of license, grounds for—interested third party, defined. Section 337.041. Discrimination prohibited. Section 337.045. Exempted professions and occupations—temporary practice authorized. Section 337.050. State committee of psychologists created—members, qualifications, compensation, removal—rules, procedure—powers of committee, seal —continuing education, proof of completion submitted with license renewal, types of continuing education, committee powers. Section 337.055. Privileged communications, when. Section 337.060. Licensed psychologists not to practice medicine. Section 337.065. Violations, penalty, refund of fees—duties of committee—injunction —civil immunity, when—venue. Section 337.068. Complaints of prisoners—disposition of certain records. Section 337.070. Local governments prohibited from taxing or licensing psychologists. Section 337.085. Fees, collection, disposition, use. Section 337.090. License or directory not to include degree on which license was issued. Section 337.093. Application of law. Section 337.500. Definitions. Section 337.503. Discrimination in promulgation of regulations prohibited. Section 337.505. License required—exempted professions and occupations. Section 337.507. Applications, contents, fees—failure to renew, effect—replacement certificates, when—fund established—examination, when, notice.
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Statutes Section 337.510. Education, experience requirements for licensure—reciprocity —provisional professional counselor license issued, when, requirements—renewal license fee.

Section 337.515. License expiration, renewal, fees. Section 337.520. Rules and regulations, procedure. Section 337.525. Grounds for refusal, revocation or suspension of license—civil immunity, when— procedure upon filing complaint. Section 337.528. Confidentiality of compliant documentation, when-destruction of information permitted, when. Section 337.530. Violations, penalty—refund of fees for services—duties of department —injunctions, grounds for—venue. Section 337.535. Committee established—qualifications of members, terms—compensation —meetings, quorum—removal of members. Section 337.540. Privileged communications, when. Section 337.600. Definitions. Section 337.603. License required—exemptions from licensure. Section 337.604. Title of social worker, requirements to use title. Section 337.612. Applications, contents, fee—fund established—renewal, fee—lost certificate, how replaced. Section 337.615. Education, experience requirements—reciprocity licenses issued, when. Section 337.618. License expiration, renewal, fees, continuing education requirement. Section 337.621. Temporary permits. 337.622. State committee for social workers—membership, removal and vacancies. Section 337.627. Rules and regulations, procedure. Section 337.630. Grounds for refusal, revocation or suspension of license—civil immunity, when— 4
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procedure upon filing complaint. Section 337.633. Violations, penalty—refund of fees for service—duties of department—injunctions, grounds for—venue. Section 337.636. Privileged communications, when. Section 337.642. Discrimination against social workers in promulgation of rules prohibited. Section 337.643. Licensure required for use of title--practice authorized. Section 337.644. Application, contents--reciprocity--issuance of license, when. Section 337.645. Application information required--issuance of license, when. Section 337.646. License required for use of title. Section 337.649. Documention and discriplinary action prohibited, when--request to destroy documentation permitted, when--disclosure of compliant not required, when. Section 337.653. Baccalaureate social workers, license required, permitted activitiy. Section 337.662. Application for licensure, contents—renewal notices—replacement certificates provided, when—fees set by committee. Section 337.665. Information required to be furnished committee--reciprocity, when--certificate to practice independently issued, when. Section 337.671. Temporary permits issued, when. Section 337.683. Violations, penalty—committee may sue, when—actions permitted to be enjoined. Section 337.689. Licensees may be compelled to testify. Section 337.700. Definitions. Section 337.703. License required, exceptions. Section 337.706. License required, exception for persons licensed in other state.
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Section 337.709. Laws not to be construed to require employment of marital and family therapists. Section 337.712. Licenses, application, oath, fee—lost certificates—fund. Section 337.715. Qualifications for licensure, exceptions. Section 337.718. License expiration, renewal fee—temporary permits. Section 337.727. Rulemaking authority, procedure. Section 337.730. Refusal to issue or renew, grounds, notice, rights of applicant—complaints filed with administrative hearing commission. Section 337.733. Violations of marital and family therapists law, penalty—attorney general, duties— injunctions—venue. Section 337.736. Confidentiality, exceptions. Section 337.739. Committee, members, qualifications, terms, meetings, expenses, removal.

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Section 337.010 Definitions.
337.010 As used in sections 337.010 to 337.090 the following terms mean: (1) "Committee", the state committee of psychologists; (2) "Department", the department of insurance, financial institutions and professional registration; (3) "Division", the division of professional registration; (4) "Licensed psychologist", any person who offers to render psychological services to individuals, groups, organizations, institutions, corporations, schools, government agencies or the general public for a fee, monetary or otherwise, implying that such person is trained, experienced and licensed to practice psychology and who holds a current and valid, whether temporary, provisional or permanent, license in this state to practice psychology; (5) "Provisional licensed psychologist", any person who is a graduate of a recognized educational institution with a doctoral degree in psychology as defined in section 337.025, and who otherwise meets all requirements to become a licensed psychologist except for passage of the licensing exams, oral examination and completion of the required period of postdegree supervised experience as specified in subsection 2 of section 337.025; (6) "Recognized educational institution": (a) A school, college, university or other institution of higher learning in the United States, which, at the time the applicant was enrolled and graduated, had a graduate program in psychology and was accredited by one of the regional accrediting associations approved by the Council on Postsecondary Accreditation; or (b) A school, college, university or other institution of higher learning outside the United States, which, at the time the applicant was enrolled and graduated, had a graduate

program in psychology and maintained a standard of training substantially equivalent to the standards of training of those programs accredited by one of the regional accrediting associations approved by the Council of Postsecondary Accreditation; (7) "Temporary license", a license which is issued to a person licensed as a psychologist in another jurisdiction, who has applied for licensure in this state either by reciprocity or endorsement of the score from the Examination for Professional Practice in Psychology, and who is awaiting either a final determination by the committee relative to such person's eligibility for licensure or who is awaiting the results of the jurisprudence examination or oral examination. (L. 1977 H.B. 255 § 1, A.L. 1981 S.B. 16, A.L. 1989 H.B. 738 & 720, A.L. 1998 H.B. 1601, et al. merged with S.B. 732, A.L. 2008 S.B. 788)

renders services as defined below to individuals, groups, organizations, or the public for a fee, monetary or otherwise; provided, however, that professional counselors licensed to practice under this chapter, or a physician licensed to practice pursuant to chapter 334, RSMo, who specializes in psychiatry, may use any of such terms except "psychology", "psychological", or "psychologist" so long as such is consistent with their respective licensing laws. 3. The "practice of psychology" within the meaning of this chapter is defined as the observation, description, evaluation, interpretation, treatment, and modification of human behavior by the application of psychological principles, methods, and procedures, for the purpose of preventing, treating, or eliminating symptomatic, maladaptive, or undesired behavior and of enhancing interpersonal relationships, work and life adjustment, personal effectiveness, behavioral health, and mental health. The practice of psychology includes, but is not limited to, psychometric or psychological testing and the evaluation or assessment of personal characteristics, such as intelligence, personality, abilities, interests, aptitudes, and neuropsychological functioning; counseling, psychoanalysis, psychotherapy, hypnosis, biofeedback, and behavior analysis and therapy; diagnosis and treatment of mental and emotional disorder or disability in both inpatient and outpatient settings, alcoholism and substance abuse, disorders of habit or conduct, as well as the psychological aspects of physical illness, accident, injury, or disability; psychoeducational evaluation, therapy, remediation, and consultation; and teaching and training of psychological competence. Psychological services may be rendered to individuals, families, groups, and the public. The practice of psychology shall be construed within the meaning of this definition without regard to whether payment is received for services rendered. 4. The application of these principles and methods includes, but is not restricted to: diagnosis, prevention, treatment, and amelioration of adjustment problems and emotional and mental disturbances of individuals and groups; hypnosis; counseling; educational and vocational counseling; personnel selection and management; the evaluation and

Section 337.015 Practice of psychology regulated--practice of psychology, defined.
337.015 1. No person shall represent himself as a psychologist in the state of Missouri unless he is validly licensed and registered under the provisions of this chapter. No person shall engage in the practice of psychology in the state of Missouri unless he is validly licensed and registered under the provisions of this chapter unless otherwise exempt under the provisions of sections 337.010 to 337.090. 2. A person represents himself as a "psychologist" within the meaning of this chapter when he holds himself out to the public by any title or description of services incorporating the words "psychology", "psychological", or "psychologist", or any term of like import, "psychometry", "psychometrics", "psychometrist", "psychotherapy", "psychotherapists", "psychoanalysis", "psychoanalyst", or variants thereof or when the person purports to be trained, experienced or an expert in the field of psychology, and offers to render or

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planning for effective work and learning situations; advertising and market research; and the resolution of interpersonal and social conflicts. (L. 1977 H.B. 255 § 2, A.L. 1981 S.B. 16, A.L. 1989 H.B. 738 & 720) tions in psychology which may be adopted by the committee, except that an applicant fulfilling the requirement of section 337.029 shall upon successful completion of the jurisprudence examination and completion of the oral examination be permanently licensed without having to retake the examination for professional practice in psychology. 4. The committee, with assistance from the division, shall issue a provisional license to, and register as being a provisionally licensed psychologist, any applicant who is a graduate of a recognized educational institution with a doctoral degree in psychology as defined in section 337.025, and who otherwise meets all requirements to become a licensed psychologist, except for passage of the national and state licensing exams, oral examination and completion of the required period of postdegree supervised experience as specified in subsection 2 of section 337.025. 5. A provisional license issued pursuant to subsection 4 of this section shall only authorize and permit the applicant to render those psychological services which are under the supervision and the full professional responsibility and control of such person's postdoctoral degree licensed supervisor. A provisional license shall automatically terminate upon issuance of a permanent license, upon a finding of cause to discipline after notice and hearing pursuant to section 337.035, upon the expiration of one year from the date of issuance whichever event first occurs, or upon termination of supervision by the licensed supervisor. The provisional license may be renewed after one year with a maximum issuance of two years total per provisional licensee. The committee by rule shall provide procedures for exceptions and variances from the requirement of a maximum issuance of two years due to vacations, illness, pregnancy and other good causes. 6. The committee, with assistance from the division, shall immediately issue a temporary license to any applicant for licensure either by reciprocity pursuant to section 337.029, or by endorsement of the score from the examination for professional practice in psychology upon receipt of an application for such licensure and upon proof that the applicant is either licensed as a psychologist in another jurisdiction, is a diplomate of the American Board of Professional Psychology, or is a member of the National Register of Health Services Providers in Psychology. 7. A temporary license issued pursuant to subsection 6 of this section shall authorize the applicant to practice psychology in this state, the same as if a permanent license had been issued. Such temporary license shall be issued without payment of an additional fee and shall remain in full force and effect until the earlier of the following events: (1) A permanent license has been issued to the applicant following successful completion of the jurisprudence examination and the oral interview examination; (2) In cases where the committee has found the applicant ineligible for licensure and no appeal has been taken to the administrative hearing commission, then at the expiration of such appeal time; or (3) In cases where the committee has found the applicant ineligible for licensure and the applicant has taken an appeal to the administrative hearing commission and the administrative hearing commission has also found the applicant ineligible, then upon the rendition by the administrative hearing commission of its findings of fact and conclusions of law to such effect. 8. Written and oral examinations pursuant to sections 337.010 to 337.090 shall be administered by the committee at least twice each year to any applicant who meets the educational requirements set forth in either section 337.021 or 337.025 or to any applicant who is seeking licensure either by reciprocity pursuant to section 337.029, or by endorsement of the score from the examination of professional practice in psychology. The committee shall examine in the areas of professional knowledge, techniques and applications, research and its interpretation, professional affairs, ethics, and Missouri law and regulations governing the practice of psychology. The committee may use, in whole or in part, the examination for professional practice in psychology national examination in psychology or such other national examination in psychology which may be available.

Section 337.020 Temporary, provisional or permanent licenses, application, qualifications, examinations, fees.
337.020 1. Each person desiring to obtain a license, whether temporary, provisional or permanent, as a psychologist shall make application to the committee upon such forms and in such manner as may be prescribed by the committee and shall pay the required application fee. The application fee shall not be refundable. Each application shall contain a statement that it is made under oath or affirmation and that its representations are true and correct to the best knowledge and belief of the person signing the application, subject to the penalties of making a false affidavit or declaration. 2. Each applicant, whether for temporary, provisional or permanent licensure, shall submit evidence satisfactory to the committee that the applicant is at least twenty-one years of age, is of good moral character, and meets the appropriate educational requirements as set forth in either section 337.021 or 337.025, or is qualified for licensure without examination pursuant to section 337.029. In determining the acceptability of the applicant's qualifications, the committee may require evidence that it deems reasonable and proper, in accordance with law, and the applicant shall furnish the evidence in the manner required by the committee. 3. The committee with assistance from the division shall issue a permanent license to and register as a psychologist any applicant who, in addition to having fulfilled the other requirements of sections 337.010 to 337.090, passes the examination for professional practice in psychology and such other examina-

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9. If an applicant fails any examination, the applicant shall be permitted to take a subsequent examination, upon the payment of an additional reexamination fee. This reexamination fee shall not be refundable. (L. 1977 H.B. 255 § 3, A.L. 1981 S.B. 16, A.L. 1989 H.B. 738 & 720, A.L. 1995 S.B. 69, et al., A.L. 1996 S.B. 604, et al., A.L. 1997 S.B. 141, A.L. 1998 H.B. 1601, et al. merged with S.B. 732) tional institution the contents of which were primarily psychological, as defined by rule, and who has had at least three years of satisfactory professional experience in the general field of psychology, as defined by rule. 3. Notwithstanding the provisions of subsection 1 of this section, an applicant who has received a doctoral degree from a graduate program which is primarily psychological in nature prior to August 28, 1990, may elect at the applicant's option to have the applicant's application and licensure evaluated pursuant to the provisions of either section 337.021 or 337.025. 4. The rules referred to in subsection 2 of this section shall be those rules as previously promulgated by the department pursuant to the provisions of sections 337.020 and 337.050 as were in force and effect on August 28, 1989. 5. Notwithstanding any provision of section 337.025 or this section to the contrary, any person who qualifies for initial licensure pursuant to subdivision (2) of subsection 2 of this section that has taken the Missouri licensing examination but has not received a passing score on the licensing examination before August 28, 1996, shall be allowed the same amount of attempts, within the same allotted time, to pass such examination as a person who meets the requirements for initial licensure pursuant to subdivision (1) of subsection 2 of this section. 6. As used in sections 337.010 to 337.090, initial licensure refers only to the educational and experience requirements set forth in subsection 2 of this section, such that initial licensure shall not include passage of any examination given for the purposes of full licensure under section 337.020. (L. 1989 H.B. 738 & 720, A.L. 1997 S.B. 141, A.L. 1998 S.B. 732) 337.025 1. The provisions of this section shall govern the education and experience requirements for initial licensure as a psychologist for the following persons: (1) A person who has not matriculated in a graduate degree program which is primarily psychological in nature on or before August 28, 1990; and (2) A person who is matriculated after August 28, 1990, in a graduate degree program designed to train professional psychologists. 2. Each applicant shall submit satisfactory evidence to the committee that the applicant has received a doctoral degree in psychology from a recognized educational institution, and has had at least one year of satisfactory supervised professional experience in the field of psychology. 3. A doctoral degree in psychology is defined as: (1) A program accredited, or provisionally accredited, by the American Psychological Association; or (2) A program designated or approved, including provisional approval, by the American Association of State Psychology Boards or the Council for the National Register of Health Service Providers in Psychology, or both; or (3) A graduate program that meets all of the following criteria: (a) The program, wherever it may be administratively housed, shall be clearly identified and labeled as a psychology program. Such a program shall specify in pertinent institutional catalogues and brochures its intent to educate and train professional psychologists; (b) The psychology program shall stand as a recognizable, coherent organizational entity within the institution of higher education; (c) There shall be a clear authority and primary responsibility for the core and specialty areas whether or not the program cuts across administrative lines;

Section 337.021 Educational and experience requirements for licensure, certain persons.
337.021 1. The provisions of this section shall govern, except as provided in subsection 3 of this section, the education and experience requirements for initial licensure as a psychologist for the following persons: (1) A person who has completed a graduate program which is primarily psychological in nature prior to August 28, 1990; or (2) A person who is matriculated in a graduate program which is primarily psychological in nature prior to August 28, 1990; provided that, such person who does not complete all requirements for initial licensure prior to August 28, 1996, except as provided in subsections 5 and 6 of this section, shall be governed by the licensure requirements of section 337.025. 2. Each applicant shall submit evidence satisfactory to the committee that the applicant either: (1) Has received a doctoral degree, based upon a program of studies from a recognized educational institution the contents of which were primarily psychological, as defined by rule, and who has had at least one year of satisfactory supervised professional experience in the general field of psychology, as defined by rule; or (2) Received a master's degree, based upon a program of studies from a recognized educa-

Section 337.025 Educational and experience requirements for licensure, certain persons.
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(d) The program shall be an integrated, organized, sequence of study; (e) There shall be an identifiable psychology faculty and a psychologist responsible for the program; (f) The program shall have an identifiable body of students who are matriculated in that program for a degree; (g) The program shall include a supervised practicum, internship, field, or laboratory training appropriate to the practice of psychology; (h) The curriculum shall encompass a minimum of three academic years of full-time graduate study, with a minimum of one year's residency at the educational institution granting the doctoral degree; and (i) Require the completion by the applicant of a core program in psychology which shall be met by the completion and award of at least one three-semester-hour graduate credit course or a combination of graduate credit courses totaling three semester hours or five quarter hours in each of the following areas: a. The biological bases of behavior such as courses in: physiological psychology, comparative psychology, neuropsychology, sensation and perception, psychopharmacology; b. The cognitive-affective bases of behavior such as courses in: learning, thinking, motivation, emotion, and cognitive psychology; c. The social bases of behavior such as courses in: social psychology, group processes/dynamics, interpersonal relationships, and organizational and systems theory; d. Individual differences such as courses in: personality theory, human development, abnormal psychology, developmental psychology, child psychology, adolescent psychology, psychology of aging, and theories of personality; e. The scientific methods and procedures of understanding, predicting and influencing human behavior such as courses in: statistics, experimental design, psychometrics, individual testing, group testing, and research design and methodology. 4. Acceptable supervised professional experience shall consist of a minimum of fifteen hundred hours of professional experience obtained in not less than twelve nor more than twenty-four consecutive calendar months. In no case shall this experience be accumulated at a rate of less than twenty hours per week nor more than fifty hours per week. Postdoctoral supervised professional experience for prospective health service providers shall involve and relate to the delivery of psychological health services. Postdoctoral supervised professional experience for other applicants shall be in accordance with professional requirements and relevant to the applicant's intended area of practice. 5. Postdoctoral experience for those applicants who intend to seek health service provider certification and who have completed a program in one or more of the American Psychological Association designated health service provider delivery areas shall be obtained under the primary supervision of a licensed psychologist who is also a health service provider or who otherwise meets the requirements for health service provider certification. Postdoctoral experience for those applicants who do not intend to seek health service provider certification shall be obtained under the primary supervision of a licensed psychologist or such other qualified mental health professional approved by the committee. 6. The psychological activities of the applicant shall be performed pursuant to the primary supervisor's order, control, and full professional responsibility. The primary supervisor shall maintain a continuing relationship with the applicant and shall meet with the applicant a minimum of one hour per month in face-to-face individual supervision. Clinical supervision may be delegated by the primary supervisor to one or more secondary supervisors who are* qualified psychologists**. The secondary supervisors shall retain order, control and full professional responsibility for the applicant's clinical work under their supervision and shall meet with the applicant a minimum of one hour per week in face-to-face individual supervision. If the primary supervisor is also the clinical supervisor, meetings shall be a minimum of one hour per week. Group supervision shall not be acceptable for supervised professional experience. The primary supervisor shall certify to the committee that the applicant has complied with these requirements and that the applicant has demonstrated ethical and competent practice of psychology. The changing by an agency of the primary supervisor during the course of the supervised experience shall not invalidate the supervised experience. 7. The committee by rule shall provide procedures for exceptions and variances from the requirements for once a week face-to-face supervision due to vacations, illness, pregnancy, and other good causes. (L. 1977 H.B. 255 § 4, A.L. 1989 H.B. 738 & 720, A.L. 1998 H.B. 1601, et al. merged with S.B. 732) *Words "is a" appear in original rolls. **Word "psychologist" appears in original rolls.

Section 337.027 Educational requirements deemed met, when.
337.027 For purposes of commencing and obtaining the postdegree supervised experience as provided in sections 337.010 to 337.090, an applicant shall be deemed to have met the educational requirements, either upon the conferral of the formal degree or at the time when all of the degree requirements established by the recognized educational institution for the degree have been met with the sole exception that the degree has not been formally conferred at a graduation program and the institution so certifies in writing to the committee. (L. 1989 H.B. 738 & 720)

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Licenses based on reciprocity to be issued, when--health service provider certification eligibility.
337.029 1. A psychologist licensed in another jurisdiction who has had no violations and no suspensions and no revocation of a license to practice psychology in any jurisdiction may receive a license in Missouri, provided the psychologist passes a written examination on Missouri laws and regulations governing the practice of psychology and meets one of the following criteria: (1) Is a diplomate of the American Board of Professional Psychology; (2) Is a member of the National Register of Health Service Providers in Psychology; (3) Is currently licensed or certified as a psychologist in another jurisdiction who is then a signatory to the Association of State and Provincial Psychology Board's reciprocity agreement; (4) Is currently licensed or certified as a psychologist in another state, territory of the United States, or the District of Columbia and: (a) Has a doctoral degree in psychology from a program accredited, or provisionally accredited, by the American Psychological Association or that meets the requirements as set forth in subdivision (3) of subsection 3 of section 337.025; (b) Has been licensed for the preceding five years; and (c) Has had no disciplinary action taken against the license for the preceding five years; or (5) Holds a current certificate of professional qualification (CPQ) issued by the Association of State and Provincial Psychology Boards (ASPPB). 2. Notwithstanding the provisions of subsection 1 of this section, applicants may be required to pass an oral examination as adopted by the committee.

3. A psychologist who receives a license for the practice of psychology in the state of Missouri on the basis of reciprocity as listed in subsection 1 of this section or by endorsement of the score from the examination of professional practice in psychology score will also be eligible for and shall receive certification from the committee as a health service provider if the psychologist meets one or more of the following criteria: (1) Is a diplomate of the American Board of Professional Psychology in one or more of the specialties recognized by the American Board of Professional Psychology as pertaining to health service delivery; (2) Is a member of the National Register of Health Service Providers in Psychology; or (3) Has completed or obtained through education, training, or experience the requisite knowledge comparable to that which is required pursuant to section 337.033. (L. 1989 H.B. 738 & 720, A.L. 1995 S.B. 69, et al., A.L. 1998 H.B. 1601, et al., A.L. 1998 S.B. 732, A.L. 2001 S.B. 357, A.L. 2008 H.B. 2065)

information required for such registration. Upon receipt of the required material and of the registration fee, the division shall issue a renewal certificate of registration. The division shall, when issuing an initial license to an applicant who has met all of the qualifications of sections 337.010 to 337.093 and has been approved for licensure by the committee shall grant the applicant, without payment of any further fee, a certificate of registration valid until the next registration renewal date. 2. The division shall mail a renewal notice to the last known address of each licensee prior to the registration renewal date. Failure to provide the division with the proof of compliance with the continuing education requirement and other information required for registration, or to pay the registration fee after such notice shall effect a revocation of the license after a period of sixty days from the registration renewal date. The license shall be restored if, within two years of the registration renewal date, the applicant provides written application and the payment of the registration fee and a delinquency fee and proof of compliance with the requirements for continuing education as provided in section 337.050. 3. A new certificate to replace any certificate lost, destroyed or mutilated may be issued subject to the rules of the committee, upon payment of a reasonable fee. 4. The committee shall set the amount of the fees authorized by sections 337.010 to 337.093 and required by rules and regulations promulgated pursuant to section 536.021, RSMo. The fees shall be set at a level to produce revenue which shall not substantially exceed the cost and expense of administering sections 337.010 to 337.090. 5. The committee is authorized to issue an inactive license to any licensee who makes written application for such license on a form provided by the board and remits the fee for an inactive license established by the committee. An inactive license may be issued only to a person who has previously been issued a license to practice psychology in this state, who is no longer regularly engaged in such practice and who does not hold himself or herself out to the public as being profes-

Section 337.030 License renewal, registration fee, proof of compliance--late registration, penalty--lost certificate, how replaced--fees, amount, how set--inactive license issued, when.
337.030 1. Each psychologist licensed pursuant to the provisions of sections 337.010 to 337.090, who has not filed with the committee a verified statement that the psychologist has retired from or terminated the psychologist's practice of psychology in this state, shall register with the division on or before the registration renewal date. The division shall require a registration fee which shall be submitted together with proof of compliance with the continuing education requirement as provided in section 337.050 and any other

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sionally engaged in such practice in this state. Each inactive license shall be subject to all provisions of this chapter, except as otherwise specifically provided. Each inactive license may be renewed by the committee subject to all provisions of this section and all other provisions of this chapter. The inactive licensee shall not be required to submit evidence of completion of continuing education as required by this chapter. An inactive licensee may apply for a license to regularly engage in the practice of psychology upon filing a written application on a form provided by the committee, submitting the reactivation fee established by the committee, and submitting proof of current competency as established by the committee. (L. 1977 H.B. 255 § 5, A.L. 1981 S.B. 16, A.L. 1989 H.B. 738 & 720, A.L. 1996 S.B. 604, et al., A.L. 2003 S.B. 478) tion shall be construed to limit or prevent a licensed, whether temporary, provisional or permanent, psychologist who does not hold a health service provider certificate from providing psychological services so long as such services are consistent with subsection 1 of this section. 3. "Relevant professional education and training" for health service provider certification, except those entitled to certification pursuant to subsection 5 or 6 of this section, shall be defined as a licensed psychologist whose graduate psychology degree from a recognized educational institution is in an area designated by the American Psychological Association as pertaining to health service delivery or a psychologist who subsequent to receipt of his or her graduate degree in psychology has either completed a respecialization program from a recognized educational institution in one or more of the American Psychological Association recognized clinical health service provider areas and who in addition has completed at least one year of postdegree supervised experience in such clinical area or a psychologist who has obtained comparable education and training acceptable to the committee through completion of postdoctoral fellowships or otherwise. 4. The degree or respecialization program certificate shall be obtained from a recognized program of graduate study in one or more of the health service delivery areas designated by the American Psychological Association as pertaining to health service delivery, which shall meet one of the criteria established by subdivisions (1) to (3) of this subsection: (1) A doctoral degree or completion of a recognized respecialization program in one or more of the American Psychological Association designated health service provider delivery areas which is accredited, or provisionally accredited, by the American Psychological Association; or (2) A clinical or counseling psychology doctoral degree program or respecialization program designated, or provisionally approved, by the Association of State and Provincial Psychology Boards or the Council for the National Register of Health Service Providers in Psychology, or both; or (3) A doctoral degree or completion of a respecialization program in one or more of the American Psychological Association designated health service provider delivery areas that meets the following criteria: (a) The program, wherever it may be administratively housed, shall be clearly identified and labeled as being in one or more of the American Psychological Association designated health service provider delivery areas; (b) Such a program shall specify in pertinent institutional catalogues and brochures its intent to educate and train professional psychologists in one or more of the American Psychological Association designated health service provider delivery areas. 5. A person who is lawfully licensed as a psychologist pursuant to the provisions of this chapter on August 28, 1989, or who has been approved to sit for examination prior to August 28, 1989, and who subsequently passes the examination shall be deemed to have met all requirements for health service provider certification; provided, however, that such person shall be governed by the provisions of subsection 1 of this section with respect to limitation of practice. 6. Any person who is lawfully licensed as a psychologist in this state and who meets one or more of the following criteria shall automatically, upon payment of the requisite fee, be entitled to receive a health service provider certification from the committee: (1) Is a diplomate of the American Board of Professional Psychology in one or more of the specialties recognized by the American Board of Professional Psychology as pertaining to health service delivery; or (2) Is a member of the National Register of Health Service Providers in Psychology. (L. 1989 H.B. 738 & 720, A.L. 1998 H.B. 1601, et al. merged with S.B. 732)

Section 337.033 Limitations on areas of practice--relevant professional education and training, defined--criteria for program of graduate study--health service provider certification, requirements for certain persons --automatic certification for certain persons.
337.033 1. A licensed psychologist shall limit his or her practice to demonstrated areas of competence as documented by relevant professional education, training, and experience. A psychologist trained in one area shall not practice in another area without obtaining additional relevant professional education, training, and experience through an acceptable program of respecialization. 2. A psychologist may not represent or hold himself or herself out as a state certified or registered psychological health service provider unless the psychologist has first received the psychologist health service provider certification from the committee; provided, however, nothing in this sec-

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Denial, revocation, or suspension of license, grounds for-interested third party, defined.
337.035 1. The committee may refuse to issue any certificate of registration or authority, permit or license required pursuant to this chapter for one or any combination of causes stated in subsection 2 of this section. The committee shall notify the applicant in writing of the reasons for the refusal and shall advise the applicant of the applicant's right to file a complaint with the administrative hearing commission as provided by chapter 621, RSMo. 2. The committee may cause a complaint to be filed with the administrative hearing commission as provided by chapter 621, RSMo, against any holder of any certificate of registration or authority, permit or license required by this chapter or any person who has failed to renew or has surrendered the person's certificate of registration or authority, permit or license for any one or any combination of the following causes: (1) Use of any controlled substance, as defined in chapter 195, RSMo, or alcoholic beverage to an extent that such use impairs a person's ability to perform the work of any profession licensed or regulated by this chapter; (2) The person has been finally adjudicated and found guilty, or entered a plea of guilty or nolo contendere, in a criminal prosecution under the laws of any state or of the United States, for any offense reasonably related to the qualifications, functions or duties of any profession licensed or regulated under this chapter, for any offense an essential element of which is fraud, dishonesty or an act of violence, or for any offense involving moral turpitude, whether or not sentence is imposed; (3) Use of fraud, deception, misrepresentation or bribery in securing any certificate of registration or authority, permit or license issued pursuant to this chapter or in obtaining permission to take any examination given or required pursuant to this chapter; (4) Obtaining or attempting to obtain any fee, charge, tuition or other compensation by

fraud, deception or misrepresentation; (5) Incompetency, misconduct, gross negligence, fraud, misrepresentation or dishonesty in the performance of the functions or duties of any profession licensed or regulated by this chapter; (6) Violation of, or assisting or enabling any person to violate, any provision of this chapter, or of any lawful rule or regulation adopted pursuant to this chapter; (7) Impersonation of any person holding a certificate of registration or authority, permit or license or allowing any person to use his or her certificate of registration or authority, permit, license or diploma from any school; (8) Disciplinary action against the holder of a license or other right to practice any profession regulated by this chapter granted by another state, territory, federal agency or country upon grounds for which revocation or suspension is authorized in this state; (9) A person is finally adjudged insane or incapacitated by a court of competent jurisdiction; (10) Assisting or enabling any person to practice or offer to practice any profession licensed or regulated by this chapter who is not registered and currently eligible to practice as provided this chapter; (11) Issuance of a certificate of registration or authority, permit or license based upon a material mistake of fact; (12) Failure to display a valid certificate or license if so required by this chapter or any rule promulgated pursuant to this chapter; (13) Violation of any professional trust or confidence; (14) Use of any advertisement or solicitation which is false, misleading or deceptive to the general public or persons to whom the advertisement or solicitation is primarily directed; (15) Being guilty of unethical conduct as defined in "Ethical Rules of Conduct" as adopted by the committee and filed with the secretary of state.

3. After the filing of such complaint, the proceedings shall be conducted in accordance with the provisions of chapter 621, RSMo. Upon a finding by the administrative hearing commission that the grounds, provided in subsection 2, for disciplinary action are met, the committee may, singly or in combination, censure or place the person named in the complaint on probation on such terms and conditions as the department deems appropriate for a period not to exceed five years, or may suspend, for a period not to exceed three years, or revoke the license, certificate, or permit. 4. An interested third party may file a complaint or appear or present evidence relative to such complaint or another complaint filed pursuant to this section. For purposes of this section, an interested third party includes a parent or guardian of a person who received treatment by a psychologist or any person who is related within the second degree of consanguinity or affinity and who is financially responsible for the payment of such treatment. (L. 1977 H.B. 255 § 6, A.L. 1981 S.B. 16, A.L. 1989 H.B. 738 & 720, A.L. 1997 S.B. 141)

Section 337.041 Discrimination prohibited.
337.041 No official, employee, board, commission, or agency of the state of Missouri, county, municipality, school district, or other political subdivision shall discriminate between persons licensed under sections 337.010 to 337.090 and chapter 334, RSMo, when promulgating regulations or when requiring or recommending services which legally may be performed by persons licensed under sections 337.010 to 337.090 and by persons licensed under chapter 334, RSMo. (L. 1989 H.B. 738 & 720)

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Exempted professions and occupations--temporary practice authorized.
337.045 Nothing in sections 337.010 to 337.090 shall in any way limit: (1) Qualified members of other professional groups such as teachers, clergy, practitioners of medicine, practitioners of chiropractic, practitioners of optometry, licensed professional counselors, attorneys, licensed clinical social workers, licensed marriage and family therapists, vocational counselors, vocational rehabilitation counselors, nurses, or duly accredited Christian Science practitioners from doing work of a psychological nature consistent with their training and consistent with any code of ethics of their respective professions; or (2) The activities, services, or use of official title on the part of any person in the employ of a governmental agency, or of a duly chartered educational institution, or of a corporation primarily engaged in research, insofar as such activities or services are part of the duties of his or her employment, except that any person hired after August 28, 1996, shall be in the process of either meeting the requirements to become licensed, including pursuant to a doctoral degree in psychology or the supervised professional experience requirements or shall be a licensed psychologist; or (3) Other persons from engaging in activities defined as the practice of psychology, provided that such persons shall not represent themselves by the title "psychologist". Such persons may use the terms "psychological trainee", "psychological intern", "psychological resident", and "psychological assistant" and provided further that such persons perform their activities under the supervision and responsibility of a licensed psychologist in accordance with regulations promulgated by the committee. Nothing in this subsection shall be construed to apply to any person other than: (a) A matriculated graduate student in psychology whose activities constitute a part of the course of study for a graduate degree

in psychology at a recognized educational institution; (b) An individual pursuing postdoctoral training or experience in psychology, including persons seeking to fulfill the requirements for licensure pursuant to the provisions of sections 337.010 to 337.090; (c) A qualified assistant, including but not limited to, other licensed professionals employed by, or otherwise directly accountable to, a licensed psychologist; or (4) The use of psychological techniques by government institutions, commercial organizations or individuals for employment, evaluation, promotion or job adjustment of their own employees or employee-applicants, or by employment agencies for evaluation of their own clients prior to recommendation for employment; provided that no government institution, commercial organization or individual shall sell or offer these services to the public or to other firms, organizations or individuals for remuneration, unless the services are performed or supervised by a person licensed and registered pursuant to sections 337.010 to 337.090; or (5) The practice of psychology in the state of Missouri for a temporary period by a person who resides outside the state of Missouri, and who is licensed or certified to practice psychology in another state and conducts the major part of his or her practice outside the state. The temporary period shall not exceed ten consecutive business days in any period of ninety days, nor in the aggregate exceed fifteen business days in any nine-month period; or (6) The provision of expert testimony by psychologists or other persons who are otherwise exempted by sections 337.010 to 337.090; or (7) The teaching of psychology, the conduct of psychological research, or the provision of psychological services or consultations to organizations or institutions, provided that such teaching, research, or service does not involve the delivery or supervision of direct psychological services to individuals or groups of individuals; or (8) School psychologists certified under

the program standards of the National Association of School Psychologists who are employed in a duly accredited school so long as the individual is performing services within the scope of his or her employment for such school and within the scope of his or her education, training and experience; or (9) Psychotherapy activities or services performed by an individual with a doctoral decree in anthropology; provided that such degree was received on or prior to December 31, 1989, and which was from an educational institution accredited by one of the regional accrediting associations approved by the council on postsecondary accreditation; and provided further that such individual has completed at least twenty-four months of supervised clinical experience in psychotherapy under the supervision of a physician. (L. 1977 H.B. 255 § 8, A.L. 1981 S.B. 16, A.L. 1989 H.B. 738 & 720, A.L. 1996 S.B. 604, et al., A.L. 1998 H.B. 1601, et al. merged with S.B. 732)

Section 337.050 State committee of psychologists created--members, qualifications, compensation, removal--rules, procedure-powers of committee, seal --continuing education, proof of completion submitted with license renewal, types of continuing education, committee powers.
337.050 1. There is hereby created and established a "State Committee of Psychologists", which shall consist of seven licensed psychologists and one public member. The state committee of psychologists existing on August 28, 1989, is abolished. Nothing in this section shall be construed to prevent the appointment of any current member of the state committee of psychologists to the new state committee of psychologists created on August 28, 1989.

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2. Appointments to the committee shall be made by the governor upon the recommendations of the director of the division, upon the advice and consent of the senate. The division, prior to submitting nominations, shall solicit nominees from professional psychological associations and licensed psychologists in the state. The term of office for committee members shall be five years, and committee members shall not serve more than ten years. No person who has previously served on the committee for ten years shall be eligible for appointment. In making initial appointments to the committee, the governor shall stagger the terms of the appointees so that two members serve initial terms of two years, two members serve initial terms of three years, and two members serve initial terms of four years. 3. Each committee member shall be a resident of the state of Missouri for one year, shall be a United States citizen, and shall, other than the public member, have been licensed as a psychologist in this state for at least three years. Committee members shall reflect a diversity of practice specialties. To ensure adequate representation of the diverse fields of psychology, the committee shall consist of at least two psychologists who are engaged full time in the doctoral teaching and training of psychologists, and at least two psychologists who are engaged full time in the professional practice of psychology. In addition, the first appointment to the committee shall include at least one psychologist who shall be licensed on the basis of a master's degree who shall serve a full term of five years. Nothing in sections 337.010 to 337.090 shall be construed to prohibit full membership rights on the committee for psychologists licensed on the basis of a master's degree. If a member of the committee shall, during the member's term as a committee member, remove the member's domicile from the state of Missouri, then the committee shall immediately notify the director of the division, and the seat of that committee member shall be declared vacant. All such vacancies shall be filled by appointment of the governor with the advice and consent of the senate, and the member so appointed shall serve for the unexpired term of the member whose seat has been declared vacant. 4. The public member shall be at the time of the public member's appointment a citizen of the United States; a resident of this state for a period of one year and a registered voter; a person who is not and never was a member of any profession licensed or regulated pursuant to sections 337.010 to 337.093 or the spouse of such person; and a person who does not have and never has had a material, financial interest in either the providing of the professional services regulated by sections 337.010 to 337.093, or an activity or organization directly related to any profession licensed or regulated pursuant to sections 337.010 to 337.093. The duties of the public member shall not include the determination of the technical requirements to be met for licensure or whether any person meets such technical requirements or of the technical competence or technical judgment of a licensee or a candidate for licensure. 5. The committee shall hold a regular annual meeting at which it shall select from among its members a chairperson and a secretary. A quorum of the committee shall consist of a majority of its members. In the absence of the chairperson, the secretary shall conduct the office of the chairperson. 6. Each member of the committee shall receive, as compensation, an amount set by the division not to exceed fifty dollars for each day devoted to the affairs of the committee and shall be entitled to reimbursement for necessary and actual expenses incurred in the performance of the member's official duties. 7. Staff for the committee shall be provided by the director of the division of professional registration. 8. The governor may remove any member of the committee for misconduct, inefficiency, incompetency, or neglect of office. 9. In addition to the powers set forth elsewhere in sections 337.010 to 337.090, the division may adopt rules and regulations, not otherwise inconsistent with sections 337.010 to 337.090, to carry out the provisions of sections 337.010 to 337.090. The committee may promulgate, by rule, "Ethical Rules of Conduct" governing the practices of psychology which rules shall be based upon the ethical principles promulgated and published by the American Psychological Association. 10. Any rule or portion of a rule, as that term is defined in section 536.010, RSMo, that is promulgated to administer and enforce sections 337.010 to 337.090, shall become effective only if the agency has fully complied with all of the requirements of chapter 536, RSMo, including but not limited to, section 536.028, RSMo, if applicable, after August 28, 1998. All rulemaking authority delegated prior to August 28, 1998, is of no force and effect and repealed as of August 28, 1998, however nothing in this act shall be interpreted to repeal or affect the validity of any rule adopted and promulgated prior to August 28, 1998. If the provisions of section 536.028, RSMo, apply, the provisions of this section are nonseverable and if any of the powers vested with the general assembly pursuant to section 536.028, RSMo, to review, to delay the effective date, or to disapprove and annul a rule or portion of a rule are held unconstitutional or invalid, the purported grant of rulemaking authority and any rule so proposed and contained in the order of rulemaking shall be invalid and void, except that nothing in this act shall affect the validity of any rule adopted and promulgated prior to August 28, 1998. 11. The committee may sue and be sued in its official name, and shall have a seal which shall be affixed to all certified copies or records and papers on file, and to such other instruments as the committee may direct. All courts shall take judicial notice of such seal. Copies of records and proceedings of the committee, and of all papers on file with the division on behalf of the committee certified under the seal shall be received as evidence in all courts of record. 12. When applying for a renewal of a license pursuant to section 337.030, each licensed psychologist shall submit proof of the completion of at least forty hours of continuing education credit within the two-year period immediately preceding the date of the application for renewal of the license. The type of continuing education to be considered shall include, but not be limited to: (1) Attending recognized educational seminars, the content of which are primarily psychological, as defined by rule;

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(2) Attending a graduate level course at a recognized educational institution where the contents of which are primarily psychological, as defined by rule; (3) Presenting a recognized educational seminar, the contents of which are primarily psychological, as defined by rule; (4) Presenting a graduate level course at a recognized educational institution where the contents of which are primarily psychological, as defined by rule; and (5) Independent course of studies, the contents of which are primarily psychological, which have been approved by the committee and defined by rule. The committee shall determine by administrative rule the amount of training, instruction, self-instruction or teaching that shall be counted as an hour of continuing education credit. (L. 1977 H.B. 225 § 9, A.L. 1981 S.B. 200 merged with S.B. 16, A.L. 1989 H.B. 738 & 720, A.L. 1993 S.B. 52, A.L. 1995 S.B. 3, A.L. 1996 S.B. 604, et al., A.L. 1998 H.B. 1601, et al., A.L. 1999 H.B. 343) CROSS REFERENCE: Public member, additional duties, RSMo 620.132

Section 337.060 Licensed psychologists not to practice medicine.
337.060 Nothing in this chapter shall be construed as authorizing persons licensed and registered as psychologists to engage in any manner in the practice of medicine as defined in the laws of this state. (L. 1977 H.B. 255 § 11, A.L. 1981 S.B. 16)

(1) Offering to engage or engaging in the performance of any acts or practices for which a certificate of registration or authority, permit or license is required upon a showing that such acts or practices were performed or offered to be performed without a certificate of registration or authority, permit or license; or (2) Engaging in any practice or business authorized by a certificate of registration or authority, permit or license issued pursuant to sections 337.010 to 337.090 upon a showing that the holder presents a substantial probability of serious harm to the health, safety or welfare of any resident of this state or client or patient of the licensee. 6. Any action brought pursuant to the provisions of this section shall be commenced either in the county in which such conduct occurred or in the county in which the defendant resides. 7. Any action brought under this section may be in addition to or in lieu of any penalty provided by sections 337.010 to 337.090 and may be brought concurrently with other actions to enforce sections 337.010 to 337.090. (L. 1977 H.B. 255 § 12, A.L. 1981 S.B. 16, A.L. 1989 H.B. 738 & 720)

Section 337.065 Violations, penalty, refund of fees--duties of committee-injunctions --civil immunity, when--venue.
337.065 1. Any person found guilty of violating any provision of sections 337.010 to 337.090 is guilty of a class A misdemeanor and upon conviction thereof shall be punished as provided by law. 2. All fees or other compensation received for services rendered in violation of sections 337.010 to 337.090 shall be refunded. 3. The committee shall inquire as to any violation of any provision of sections 337.010 to 337.090, and may institute actions for penalties herein prescribed, and shall enforce generally the provisions of sections 337.010 to 337.090. 4. Any person, organization, association or corporation who reports or provides information to the committee or the division pursuant to the provisions of sections 337.010 to 337.090 and who does so in good faith shall not be subject to an action for civil damages as a result thereof. 5. Upon application by the committee, the attorney general may on behalf of the committee request that a court of competent jurisdiction grant an injunction, restraining order or other order as may be appropriate to enjoin a person from:

Section 337.068 Complaints of prisoners--disposition of certain records.
337.068 1. If the board finds merit to a complaint by an individual incarcerated or under the care and control of the department of corrections or who has been ordered to be taken into custody, detained, or held under sections 632.480 to 632.513, RSMo, and takes further investigative action, no documentation may appear on file or disciplinary action may be taken in regards to the licensee's license unless the provisions of subsection 2 of section 337.035 have been violated. Any case file documentation that does not result in the board filing an action pursuant to subsection 2 of section 337.035 shall be destroyed within three months after the final case dis-

Section 337.055 Privileged communications, when.
337.055 Any communication made by any person to a licensed psychologist in the course of professional services rendered by the licensed psychologist shall be deemed a privileged communication and the licensed psychologist shall not be examined or be made to testify to any privileged communication without the prior consent of the person who received his professional services. (L. 1977 H.B. 255 § 10)

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position by the board. No notification to any other licensing board in another state or any national registry regarding any investigative action shall be made unless the provisions of subsection 2 of section 337.035 have been violated. 2. Upon written request of the psychologist subject to a complaint, prior to August 28, 1999, by an individual incarcerated or under the care and control of the department of corrections or prior to August 28, 2008, by an individual who has been ordered to be taken into custody, detained, or held under sections 632.480 to 632.513, RSMo, that did not result in the board filing an action pursuant to subsection 2 of section 337.035, the board and the division of professional registration, shall in a timely fashion: (1) Destroy all documentation regarding the complaint; (2) Notify any other licensing board in another state or any national registry regarding the board's actions if they have been previously notified of the complaint; and (3) Send a letter to the licensee that clearly states that the board found the complaint to be unsubstantiated, that the board has taken the requested action, and notify the licensee of the provisions of subsection 3 of this section. 3. Any person who has been the subject of an unsubstantiated complaint as provided in subsection 1 or 2 of this section shall not be required to disclose the existence of such complaint in subsequent applications or representations relating to their psychology professions. (L. 1999 H.B. 343 § 337.068 codified as 337.750, A.L. 2008 H.B. 2065) the committee as a psychologist in this state shall be taxed or made liable to pay any municipal or other corporation tax or license fee of any description whatever for the privilege of following or carrying on such profession. (L. 1977 H.B. 255 § 13, A.L. 1989 H.B. 738 & 720) of registration for the healing arts fund shall be transferred from that fund to the state committee of psychologists fund by the division director. (L. 1981 S.B. 16, A.L. 1989 H.B. 738 & 720, A.L. 2004 S.B. 1122)

Section 337.085 Fees, collection, disposition, use.
337.085 1. There is hereby established in the state treasury a fund to be known as the "State Committee of Psychologists Fund". All fees of any kind and character authorized under sections 337.010 to 337.090 to be charged by the committee or division shall be collected by the director of the division of professional registration and shall be transmitted to the department of revenue for deposit in the state treasury for credit to this fund. Such funds, upon appropriation, shall be disbursed only in payment of expenses of maintaining the committee and for the enforcement of the provisions of law concerning professions regulated by the committee. No other money shall be paid out of the state treasury for carrying out these provisions. Warrants shall be issued on the state treasurer for payment out of the fund. 2. The provisions of section 33.080, RSMo, to the contrary notwithstanding, money in this 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 two times the amount of the appropriation from the committee's fund for the preceding fiscal year or, if the committee requires by rule renewal less frequently than yearly then three times the appropriation from the committee's fund for the preceding fiscal year. The amount, if any, in the fund which shall lapse is that amount in the fund which exceeds the appropriate multiple of the appropriations from the committee's fund for the preceding fiscal year. 3. All funds pertaining to the Missouri state committee of psychologists deposited in the state treasury to the credit of the committee

Section 337.090 License or directory not to include degree on which license was issued.
337.090 The committee and division in issuing licenses and in publishing the directory as provided in section 324.032, RSMo, shall not include or list the degree upon which the license or certificate was issued. Any person licensed on the basis of a master's degree who has then earned a doctoral degree may use the title "doctor" or hold himself out in his practice as a psychologist as having a doctoral degree so long as it is from an accredited institution of higher education and so long as the degree is relevant to the practice of psychology. (L. 1989 H.B. 738 & 720, A.L. 2008 S.B. 788)

Section 337.093 Application of law.
337.093 Nothing in the provisions of this act* is intended to repeal or modify those provisions of sections 337.010 to 337.090, which provide for the licensure of psychologists. (L. 1993 H.B. 564 § 31) *"This act" (H.B. 564, 1993) contains numerous sections. Consult Disposition of Sections table for definitive listing.

Section 337.070 Local governments prohibited from taxing or licensing psychologists.
337.070 No person who has been licensed by

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selecting, administering, scoring, or interpreting instruments designed to assess a person's or group's aptitudes, intelligence, attitudes, abilities, achievement, interests, and personal characteristics; (c) The use of referral or placement techniques or both which serve to further the goals of counseling; (d) Therapeutic vocational or personal or both rehabilitation in relation to coping with or adapting to physical disability, emotional disability, or intellectual disability or any combination of the three; (e) Designing, conducting, and interpreting research; (f) The use of group methods or techniques to promote the goals of counseling; (g) The use of informational and community resources for career, personal, or social development; (h) Consultation on any item in paragraphs (a) through (g) above; and (i) No provision of sections 337.500 to 337.540, or of chapter 354 or 375, RSMo, shall be construed to mandate benefits or third-party reimbursement for services of professional counselors in the policies or contracts of any insurance company, health services corporation or other third-party payer; (8) "Provisional licensed professional counselor", any person who is a graduate of an acceptable educational institution, as defined by division rules, with at least a master's degree with a major in counseling, or its equivalent, and meets all requirements of a licensed professional counselor, other than the supervised counseling experience prescribed by subdivision (1) of section 337.510, and who is supervised by a person who is qualified for the practice of professional counseling. (L. 1985 S.B. 37 § 1, A.L. 1989 H.B. 738 & 720, A.L. 1996 S.B. 604, et al., A.L. 2006 S.B. 756, A.L. 2008 S.B. 788)

Definitions.
337.500 As used in sections 337.500 to 337.540, unless the context clearly requires otherwise, the following words and phrases mean: (1) "Committee or board", the committee for professional counselors; (2) "Department", the Missouri department of insurance, financial institutions and professional registration; (3) "Director", the director of the division of professional registration; (4) "Division", the division of professional registration; (5) "Licensed professional counselor", any person who offers to render professional counseling services to individuals, groups, organizations, institutions, corporations, government agencies or the general public for a fee, monetary or otherwise, implying that the person is trained, experienced, and licensed in counseling, and who holds a current, valid license to practice counseling; (6) "Practice of professional counseling", rendering, offering to render, or supervising those who render to individuals, couples, groups, organizations, institutions, corporations, schools, government agencies, or the general public any counseling service involving the application of counseling procedures, and the principles and methods thereof, to assist in achieving more effective intrapersonal or interpersonal, marital, decisional, social, educational, vocational, developmental, or rehabilitative adjustments; (7) "Professional counseling", includes, but is not limited to: (a) The use of verbal or nonverbal counseling or both techniques, methods, or procedures based on principles for assessing, understanding, or influencing behavior (such as principles of learning, conditioning, perception, motivation, thinking, emotions, or social systems); (b) Appraisal or assessment, which means

Discrimination in promulgation of regulations prohibited.
337.503 No official, employee, board, commission, county, municipality, school district, agency of the state, or any other political subdivision thereof shall discriminate between persons licensed under sections 337.500 to 337.540 when promulgating regulations or when requiring or recommending services that legally may be performed by persons licensed under sections 337.500 to 337.540. (L. 2007 H.B. 554 merged with S.B. 272)

Section 337.505 License required--exempted professions and occupations.
337.505 No person shall use the title of "professional counselor", "counselor" or "provisional licensed professional counselor" or engage in the practice of professional counseling in this state unless the person is licensed as required by the provisions of sections 337.500 to 337.540. Sections 337.500 to 337.540 do not apply to: (1) Any person registered, certificated or licensed by this state, another state, or any recognized national certification agent, acceptable to the committee, to practice any other occupation or profession while rendering counseling service in the performance of the occupation or profession for which the person is registered, certificated, or licensed, including but not limited to physicians, psychologists and attorneys; (2) School counselors, school administration personnel, or classroom teachers, so long as they are performing their assigned duties within the scope of their employment by a board of education or private school; (3) Counselors in postsecondary educational institutions so long as they are practicing within the scope of their employment; (4) Student interns or trainees in counseling procedures pursuing a course of study in

Section 337.503
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counseling in an institution of higher education or training institution if such activities and services constitute a part of their course of study and provided that such persons are designated as "counselor interns"; (5) Professionals employed by postsecondary educational institutions as counselor educators so long as they are practicing counseling within the scope of their employment; (6) Duly ordained ministers or clergy or religious workers while functioning in their ministerial capacity; (7) Alcoholism counselors so long as they serve only individuals with alcohol related concerns; (8) Any nonresident temporarily employed in this state to render counseling services for not more than thirty days in any year, if in the opinion of the committee the person would qualify for a license pursuant to the provisions of sections 337.500 to 337.540, and if the person holds a license required for counselors in the person's home state or country; (9) Duly accredited Christian Science practitioners, so long as they are practicing within the scope of Christian Science principles; (10) Counselors employed by the Missouri state department of elementary and secondary education or the Missouri state bureau for the blind while rendering counseling services in the performance of their state assigned duties; (11) Professionals employed by vocational and medical rehabilitation facilities accredited by the commission on the accreditation of rehabilitation facilities, the joint committee on accreditation of hospitals or other agents acceptable to the committee while rendering counseling services in the performance of their assigned duties, and so long as they do not use the title of "counselor"; (12) Employees or volunteers of sheltered workshops who are providing meaningful employment services for handicapped workers, so long as they do not use the "counselor" title; (13) Marital therapists or family therapists or both, certified by the American Association of Marriage and Family Therapists or an agent acceptable to the committee, and their supervisees, so long as they serve only individuals with marital or family systems concerns, and, so long as they do not use the titles of "counselor" or "counseling"; (14) Staff counselors employed by religious institutions in a religious counseling ministries program; (15) Drug abuse counselors certified by the department of mental health as meeting standards in rules promulgated pursuant to section 630.655, RSMo, certified by the Missouri substance abuse counselors certification board, or by an agent acceptable to the committee, so long as such counselors are practicing consistent with such standards, and they are serving only individuals with drugrelated concerns; (16) Social workers, certified by the National Association of Social Workers, Inc., or by an agent acceptable to the committee, or workers under their supervision so long as they are doing work consistent with their training and with a code of ethics of the social work profession, and so long as they do not use the title of "professional counselor"; (17) Professionals in the employ of a governmental agency while rendering services in the performance of their duties; (18) Any person performing counseling, as defined in sections 337.500 to 337.540, without receiving compensation, monetary or otherwise, and so long as they do not use the title of "professional counselor"; (19) Employment counselors and interviewers, personnel officers, personnel analysts and consultants and related workers who in the normal course of their duties and responsibilities as employees of this state may engage in the screening, examination, assessment, referral or selection of individuals for employment or for consideration for employment; (20) Counselors and employees of employee assistance programs which are members of the Association of Labor-Management Administrators and Consultants on Alcoholism, Inc., a Wisconsin corporation, or its successors or such other accrediting body for EAP Programs acceptable to the committee who provide evaluation, assessment, information, and referral services so long as they are performing their assigned duties within the scope of their employment; provided, however, that this exemption shall not apply to individuals employed by employee assistance programs who provide direct long-term therapy and counseling services, as may be defined by regulation, so long as they do not use the title of counselor or counseling; (21) Individuals who are duly certified by the employee assistance certification commission as administered by the Association of LaborManagement Administrators and Consultants on Alcoholism, Inc., a Wisconsin corporation, or its successor; so long as the individual is an employee of a generally recognized employee assistance program and so long as such individual is performing services within the scope of such individual's employment and education; (22) Weight loss or weight control consultants or advisors in recognized, legitimate programs or business environments so long as they serve only individuals or groups who have weight related concerns and discuss only weight improvement issues and do not use the titles of "counselor" or "counseling" without using an adjective which describes to the ordinary person that the counseling is limited to weight loss or weight control; (23) Activity therapists as certified or licensed by their respective professional organizations including, but not limited to art, music, dance, recreation, and occupation, and who have received certification or licensure by their respective professional organizations by January 1, 1994, so long as they do not use the titles of "counselor" or "counseling"; (24) Professionals certified by the American Board of Medical Psychotherapists and who have received certification from the American Board of Medical Psychotherapists by January 1, 1994, so long as they do not use the titles of "counselor" or "counseling"; and (25) Transactional analysts certified by the International Transactional Analysis Association and who have received certification from the International Transactional Analysis Association as a level one transactional analyst,

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specializing in clinical application by January 1, 1994, so long as they do not use the titles of "counselor" or "counseling"; or (26) Any person with a doctoral degree in anthropology received on or prior to December 31, 1989, and which was from an educational institution accredited by one of the regional accrediting associations approved by the council on postsecondary accreditation; provided further that said individual has completed at least twenty-four months of supervised clinical experience in psychotherapy under the supervision of a physician. (L. 1985 S.B. 37 § 2, A.L. 1989 H.B. 738 & 720, A.L. 1996 S.B. 604, et al.) provides written application and the payment of the registration fee and a delinquency fee. 3. A new certificate to replace any certificate lost, destroyed or mutilated may be issued subject to the rules of the committee, upon payment of a fee. 4. The committee shall set the amount of the fees which sections 337.500 to 337.540 authorize and require by rules and regulations promulgated pursuant to section 536.021, RSMo. The fees shall be set at a level to produce revenue which shall not substantially exceed the cost and expense of administering the provisions of sections 337.500 to 337.540. All fees provided for in sections 337.500 to 337.540 shall be collected by the director who shall deposit the same with the state treasurer in a fund to be known as the "Committee of Professional Counselors Fund". 5. The provisions of section 33.080, RSMo, to the contrary notwithstanding, money in this 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 two times the amount of the appropriation from the committee's fund for the preceding fiscal year or, if the committee requires by rule renewal less frequently than yearly then three times the appropriation from the committee's fund for the preceding fiscal year. The amount, if any, in the fund which shall lapse is that amount in the fund which exceeds the appropriate multiple of the appropriations from the committee's fund for the preceding fiscal year. 6. The committee shall hold public examinations at least two times per year, at such times and places as may be fixed by the committee, notice of such examinations to be given to each applicant at least ten days prior thereto. (L. 1985 S.B. 37 § 3, A.L. 1989 H.B. 738 & 720, A.L. 2004 S.B. 1122)

issued, when, requirements-renewal license fee.
337.510 1. Each applicant for licensure as a professional counselor shall furnish evidence to the committee that the applicant is at least eighteen years of age, is of good moral character, is a United States citizen or is legally present in the United States; and (1) The applicant has completed a course of study as defined by the board rule leading to a master's, specialist's, or doctoral degree with a major in counseling; and (2) The applicant has completed acceptable supervised counseling as defined by board rule. If the applicant has a master's degree with a major in counseling as defined by board rule, the applicant shall complete at least two years of acceptable supervised counseling experience subsequent to the receipt of the master's degree. The composition and number of hours comprising the acceptable supervised counseling experience shall be defined by board rule. An applicant may substitute thirty semester hours of post master's graduate study for one of the two required years of acceptable supervised counseling experience if such hours are clearly related to counseling; (3) After August 28, 2007, each applicant shall have completed a minimum of three hours of graduate level coursework in diagnostic systems either in the curriculum leading to a degree or as post master's graduate level course work; (4) Upon examination, the applicant is possessed of requisite knowledge of the profession, including techniques and applications, research and its interpretation, and professional affairs and ethics. 2. Any person who previously held a valid unrevoked, unsuspended license as a professional counselor in this state and who held a valid license as a professional counselor in another state at the time of application to the committee shall be granted a license to engage in professional counseling in this state upon application to the committee accompanied by the appropriate fee as established by the committee pursuant to section 337.507.

Section 337.507 Applications, contents, fees-failure to renew, effect-replacement of certificates, when--fund established--examination, when, notice.
337.507 1. Applications for examination and licensure as a professional counselor shall be in writing, submitted to the division on forms prescribed by the division and furnished to the applicant. The application shall contain the applicant's statements showing his education, experience and such other information as the division may require. Each application shall contain a statement that it is made under oath or affirmation and that the information contained therein is true and correct to the best knowledge and belief of the applicant, subject to the penalties provided for the making of a false affidavit or declaration. Each application shall be accompanied by the fees required by the committee. 2. The division shall mail a renewal notice to the last known address of each licensee prior to the registration renewal date. Failure to provide the division with the information required for registration, or to pay the registration fee after such notice shall effect a revocation of the license after a period of sixty days from the registration renewal date. The license shall be restored if, within two years of the registration date, the applicant

Section 337.510 Requirements for licensure-reciprocity --provisional professional counselor license
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3. Any person holding a current license, certificate of registration, or permit from another state or territory of the United States to practice as a professional counselor who is at least eighteen years of age, is of good moral character, and is a United States citizen or is legally present in the United States may be granted a license without examination to engage in the practice of professional counseling in this state upon the application to the board, payment of the required fee as established by the board, and satisfying one of the following requirements: (1) Approval by the American Association of State Counseling Boards (AASCB) or its successor organization according to the eligibility criteria established by AASCB. The successor organization shall be defined by board rule; or (2) In good standing and currently certified by the National Board for Certified Counselors or its successor organization and has completed acceptable supervised counseling experience as defined by board rule. The successor organization shall be defined by board rule; or (3) Determination by the board that the requirements of the other state or territory are substantially the same as Missouri and certified by the applicant's current licensing entity that the applicant has a current license. The applicant shall also consent to examination of any disciplinary history. 4. The committee shall issue a license to each person who files an application and fee and who furnishes evidence satisfactory to the committee that the applicant has complied with the provisions of this act and has taken and passed a written, open-book examination on Missouri laws and regulations governing the practice of professional counseling as defined in section 337.500. The division shall issue a provisional professional counselor license to any applicant who meets all requirements of this section, but who has not completed the required acceptable supervised counseling experience and such applicant may reapply for licensure as a professional counselor upon completion of such acceptable supervised counseling experience. 5. All persons licensed to practice professional counseling in this state shall pay on or before the license renewal date a renewal license fee and shall furnish to the committee satisfactory evidence of the completion of the requisite number of hours of continuing education as required by rule, which shall be no more than forty hours biennially. The continuing education requirements may be waived by the committee upon presentation to the committee of satisfactory evidence of the illness of the licensee or for other good cause. (L. 1985 S.B. 37 § 4, A.L. 1989 H.B. 738 & 720, A.L. 1996 S.B. 604, et al., A.L. 2001 S.B. 357, A.L. 2004 H.B. 1195, A.L. 2005 H.B. 600 merged with S.B. 347, A.L. 2006 S.B. 756, A.L. 2007 S.B. 272) (3) The content, conduct and administration of the licensing examination required by section 337.510; (4) The characteristics of "acceptable supervised counseling experience" as that term is used in section 337.510; (5) The equivalent of the basic educational requirements set forth in section 337.510; (6) The standards and methods to be used in assessing competency as a professional counselor; (7) Establishment and promulgation of procedures for investigating, hearing and determining grievances and violations occurring under the provisions of sections 337.500 to 337.540; (8) Development of an appeal procedure for the review of decisions and rules of administrative agencies existing under the constitution or laws of this state; (9) Establishment of a policy and procedure for reciprocity with other states, including states which do not have counselor licensing laws or states whose licensing laws are not substantially the same as those of this state; (10) The characteristics of "an acceptable educational institution" as that term is used in section 337.510; (11) The characteristics of an acceptable agent for the certification of an exempted occupation as listed in subdivisions (11) and (13) of section 337.505; and (12) The form and content of "ethical standards for counselors" as that term is used in subdivision (15) of subsection 2 of section 337.525. 2. No rule or portion of a rule promulgated under the authority of sections 337.500 to 337.545 shall become effective unless it has been promulgated pursuant to the provisions of section 536.024, RSMo. (L. 1985 S.B. 37 § 6, A.L. 1989 H.B. 738 & 720, A.L. 1993 S.B. 52, A.L. 1995 S.B. 3)

Section 337.515 License expiration, renewal, fees.
337.515 Each license issued pursuant to the provisions of sections 337.500 to 337.540 shall expire on the renewal date. The division shall renew any license upon application for renewal and upon payment of the fee established by the committee pursuant to the provisions of section 337.507. (L. 1985 S.B. 37 § 5, A.L. 1989 H.B. 738 & 720)

Section 337.520 Rules and regulations, procedure.
337.520 1. The division shall promulgate rules and regulations pertaining to: (1) The form and content of license applications required by the provisions of sections 337.500 to 337.540 and the procedures for filing an application for an initial or renewal license in this state; (2) Fees required by the provisions of sections 337.500 to 337.540;

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(4) Obtaining or attempting to obtain any fee, charge, tuition or other compensation by fraud, deception or misrepresentation; (5) Incompetency, misconduct, fraud, misrepresentation or dishonesty in the performance of the functions or duties of a professional counselor; (6) Violation of, or assisting or enabling any person to violate, any provision of sections 337.500 to 337.540, or of any lawful rule or regulation adopted pursuant to sections 337.500 to 337.540; (7) Impersonation of any person holding a license or allowing any person to use his or her license or diploma from any school; (8) Revocation or suspension of a license or other right to practice counseling granted by another state, territory, federal agency or country upon grounds for which revocation or suspension is authorized in this state; (9) A person is finally adjudged incapacitated by a court of competent jurisdiction; (10) Assisting or enabling any person to practice or offer to practice professional counseling who is not licensed and currently eligible to practice under the provisions of sections 337.500 to 337.540; (11) Issuance of a license based upon a material mistake of fact; (12) Failure to display a valid license if so required by sections 337.500 to 337.540 or any rule promulgated hereunder; (13) Violation of any professional trust or confidence; (14) Use of any advertisement or solicitation which is false, misleading or deceptive to the general public or persons to whom the advertisement or solicitation is primarily directed; (15) Being guilty of unethical conduct as defined in the ethical standards for counselors adopted by the division and filed with the secretary of state. 3. Any person, organization, association or corporation who reports or provides information to the committee pursuant to the provisions of this chapter and who does so in good faith shall not be subject to an action for civil damages as a result thereof. 4. After the filing of such complaint, the proceedings shall be conducted in accordance with the provisions of chapter 621, RSMo. Upon a finding by the administrative hearing commission that the grounds, provided in subsection 2 of this section, for disciplinary action are met, the committee may censure or place the person named in the complaint on probation on such terms and conditions as the committee deems appropriate for a period not to exceed five years, or may suspend, for a period not to exceed three years, or revoke the license. (L. 1985 S.B. 37 § 7, A.L. 1989 H.B. 738 & 720)

Section 337.525 Grounds for refusal, revocation or suspension of license-civil immunity, when--procedure upon filing complaint.
337.525 1. The committee may refuse to issue or renew any license required by the provisions of sections 337.500 to 337.540 for one or any combination of causes stated in subsection 2 of this section. The committee shall notify the applicant in writing of the reasons for the refusal and shall advise the applicant of his right to file a complaint with the administrative hearing commission as provided by chapter 621, RSMo. 2. The committee may cause a complaint to be filed with the administrative hearing commission as provided by chapter 621, RSMo, against any holder of any license required by sections 337.500 to 337.540 or any person who has failed to renew or has surrendered his license for any one or any combination of the following causes: (1) Use of any controlled substance, as defined in chapter 195, RSMo, or alcoholic beverage to an extent that such use impairs a person's ability to engage in the occupation of professional counselor; (2) The person has been finally adjudicated and found guilty, or entered a plea of guilty or nolo contendere, in a criminal prosecution under the laws of any state or of the United States, for any offense reasonably related to the qualifications, functions or duties of a professional counselor; for any offense an essential element of which is fraud, dishonesty or an act of violence; or for any offense involving moral turpitude, whether or not sentence is imposed; (3) Use of fraud, deception, misrepresentation or bribery in securing any license issued pursuant to the provisions of sections 337.500 to 337.540 or in obtaining permission to take any examination given or required pursuant to the provisions of sections 337.500 to 337.540;

Section 337.528 Confidentiality of complaint documentation, when--destruction of information permitted, when.
337.528 1. If the committee finds merit to a complaint by an individual incarcerated or under the care and control of the department of corrections and takes further investigative action, no documentation may appear on file or disciplinary action may be taken in regards to the licensee's license unless the provisions of subsection 2 of section 337.525 have been violated. Any case file documentation that does not result in the committee filing an action under subsection 2 of section 337.525 shall be destroyed within three months after the final case disposition by the board. No notification to any other licensing board in another state or any national registry regarding any investigative action shall be made unless the provisions of subsection 2 of section 337.525 have been violated. 2. Upon written request of the licensed professional counselor subject to a complaint, prior to August 28, 2007, by an individual incarcerated or under the care and control

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of the department of corrections that did not result in the committee filing an action under subsection 2 of section 337.525, the committee and the division of professional registration shall in a timely fashion: (1) Destroy all documentation regarding the complaint; (2) Notify any other licensing board in another state or any national registry regarding the committee's actions if they have been previously notified of the complaint; and (3) Send a letter to the licensee that clearly states that the committee found the complaint to be unsubstantiated, that the committee has taken the requested action, and notify the licensee of the provisions of subsection 3 of this section. 3. Any person who has been the subject of an unsubstantiated complaint as provided in subsection 1 or 2 of this section shall not be required to disclose the existence of such complaint in subsequent applications or representations relating to their counseling professions. (L. 2007 H.B. 555 merged with S.B. 272) 4. Upon application by the committee, the attorney general may on behalf of the committee request that a court of competent jurisdiction grant an injunction, restraining order or other order as may be appropriate to enjoin a person from: (1) Offering to engage or engaging in the performance of any acts or practices for which a certificate of registration or authority, permit or license is required upon a showing that such acts or practices were performed or offered to be performed without a certificate of registration or authority, permit or license; or (2) Engaging in any practice or business authorized by a certificate of registration or authority, permit or license issued pursuant to this chapter upon a showing that the holder presents a substantial probability of serious harm to the health, safety or welfare of any resident of this state or client or patient of the licensee. 5. Any action brought pursuant to the provisions of this section shall be commenced either in the county in which such conduct occurred or in the county in which the defendant resides. 6. Any action brought under this section may be in addition to or in lieu of any penalty provided by this chapter and may be brought concurrently with other actions to enforce this chapter. (L. 1985 S.B. 37 § 8, A.L. 1989 H.B. 738 & 720) mendations to the division and fulfill other responsibilities designated by this chapter. The committee shall approve the examination required by section 337.510 and shall assist the division in carrying out the provisions of sections 337.500 to 337.540. 2. The committee shall consist of six members, including one public member, appointed by the governor with the advice and consent of the senate. Each member of the committee shall be a citizen of the United States and a resident of this state and, except as provided hereinafter, shall be licensed as a professional counselor by this state. Beginning with the appointments made after August 28, 1992, two members shall be appointed for four years, two members shall be appointed for three years and two members shall be appointed for two years. Thereafter, all members shall be appointed to serve four-year terms. No person shall be eligible for reappointment who has served as a member of the committee for a total of eight years. The membership of the committee shall reflect the differences in levels of education and work experience with consideration being given to race, gender and ethnic origins. Not more than two counselor educators shall be members of the committee at the same time. The president of the American Counseling Association of Missouri in office at the time shall, at least ninety days prior to the expiration of the term of the committee member, other than the public member, or as soon as feasible after the vacancy on the committee otherwise occurs, submit to the director of the division of professional registration a list of five professional counselors qualified and willing to fill the vacancy in question, with the request and recommendation that the governor appoint one of the five persons so listed, and with the list so submitted, the president of the American Counseling Association of Missouri shall include in his or her letter of transmittal a description of the method by which the names were chosen by that association. 3. A vacancy in the office of a member shall be filled by appointment by the governor for the remainder of the unexpired term. 4. Each member of the committee shall receive as compensation, an amount set by the committee not to exceed fifty dollars for each day devoted to the affairs of the committee,

Section 337.530 Violations, penalty--refund of fees for services--duties of department --injunctions, grounds for--venue.
337.530 1. Violation of any provision of sections 337.500 to 337.540 shall be a class B misdemeanor. 2. All fees or other compensation received for services rendered in violation of sections 337.500 to 337.540 shall be refunded. 3. The department may sue in its own name in any court in this state. The department shall inquire diligently as to any violation of sections 337.500 to 337.540, shall institute actions for penalties herein prescribed, and shall enforce generally the provisions of sections 337.500 to 337.540.

Section 337.535 Committee established--qualifications of members, terms-compensation --meetings, quorum--removal of members.
337.535 1. There is hereby established the "Committee for Professional Counselors" which shall guide, advise, and make recom-

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and shall be reimbursed for necessary and actual expenses incurred in the performance of his or her official duties. All staff for the committee shall be provided by the division. 5. The committee shall hold an annual meeting at which it shall elect from its membership a chairperson and secretary. The committee may hold such additional meetings as may be required in the performance of its duties, provided that notice of every meeting must be given to each member at least three days prior to the date of the meeting. A quorum of the committee shall consist of a majority of its members. 6. The governor may remove a committee member for misconduct, incompetency or neglect of his or her official duties after giving the committee member written notice of the charges against the committee member and an opportunity to be heard thereon. 7. The public member shall be at the time of his or her appointment a citizen of the United States; a resident of this state for a period of one year and a registered voter; a person who is not and never was a member of any profession licensed or regulated pursuant to sections 337.500 to 337.540 or the spouse of such person; and a person who does not have and never has had a material, financial interest in either the providing of the professional services regulated by sections 337.500 to 337.540, or an activity or organization directly related to any profession licensed or regulated pursuant to sections 337.500 to 337.540. The duties of the public member shall not include the determination of the technical requirements to be met for licensure or whether any person meets such technical requirements or of the technical competence or technical judgment of a licensee or a candidate for licensure. (L. 1985 S.B. 37 § 9, A.L. 1989 H.B. 738 & 720, A.L. 1992 H.B. 1593 merged with S.B. 804, A.L. 1999 H.B. 343) 337.540 Any communication made by any person to a licensed professional counselor in the course of professional services rendered by the licensed professional counselor shall be deemed a privileged communication and the licensed professional counselor shall not be examined or be made to testify to any privileged communication without the prior consent of the person who received his professional services, except in violation of the criminal law. (L. 1985 S.B. 37 § 10) Effective 1-1-86 (S.B. 37 § 11, 1985) and amelioration of mental and emotional conditions; (3) “Committee”, the state committee for social workers established in section 337.622; (4) “Department”, the Missouri department of insurance, financial institutions and professional registration; (5) “Director”, the director of the division of professional registration; (6) “Division”, the division of professional registration; (7) “Independent practice”, any practice of social workers outside of an organized setting such as a social, medical, or governmental agency in which a social worker assumes responsibility and accountability for services required; (8) “Licensed advanced macro social worker”, any person who offers to render services to individuals, groups, families, couples, organizations, institutions, communities, government agencies, corporations, or the general public for a fee, monetary or otherwise, implying that the person is trained, experienced, and licensed as an advanced macro social worker, and who holds a current valid license to practice as an advanced macro social worker; (9) “Licensed baccalaureate social worker”, any person who offers to render services to individuals, groups, organizations, institutions, corporations, government agencies, or the general public for a fee, monetary or otherwise, implying that the person is trained, experienced, and licensed as a baccalaureate social worker, and who holds a current valid license to practice as a baccalaureate social worker; (10) “Licensed clinical social worker”, any person who offers to render services to individuals, groups, organizations, institutions, corporations, government agencies, or the general public for a fee, monetary or otherwise, implying that the person is trained, experienced, and licensed as a clinical social worker, and who holds a current, valid license to practice as a clinical social worker;

Section 337.600 Definitions.
337.600. As used in sections 337.600 to 337.689, the following terms mean: (1) “Advanced macro social worker”, the applications of social work theory, knowledge, methods, principles, values, and ethics; and the professional use of self to community and organizational systems, systemic and macrocosm issues, and other indirect nonclinical services; specialized knowledge and advanced practice skills in case management, information and referral, nonclinical assessments, counseling, outcome evaluation, mediation, nonclinical supervision, nonclinical consultation, expert testimony, education, outcome evaluation, research, advocacy, social planning and policy development, community organization, and the development, implementation and administration of policies, programs, and activities. A licensed advanced macro social worker may not treat mental or emotional disorders or provide psychotherapy without the direct supervision of a licensed clinical social worker, or diagnose a mental disorder; (2) “Clinical social work”, the application of social work theory, knowledge, values, methods, principles, and techniques of case work, group work, client-centered advocacy, community organization, administration, planning, evaluation, consultation, research, psychotherapy and counseling methods and techniques to persons, families and groups in assessment, diagnosis, treatment, prevention

Section 337.540 Privileged communications, when.

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(11) “Licensed master social worker”, any person who offers to render services to individuals, groups, families, couples, organizations, institutions, communities, government agencies, corporations, or the general public for a fee, monetary or otherwise, implying that the person is trained, experienced, and licensed as a master social worker, and who holds a current valid license to practice as a master social worker. A licensed master social worker may not treat mental or emotional disorders, provide psychotherapy without the direct supervision of a licensed clinical social worker, or diagnose a mental disorder; (12) “Master social work”, the application of social work theory, knowledge, methods, and ethics and the professional use of self to restore or enhance social, psychosocial, or biopsychosocial functioning of individuals, couples, families, groups, organizations, communities, institutions, government agencies, or corporations. The practice includes the applications of specialized knowledge and advanced practice skills in the areas of assessment, treatment planning, implementation and evaluation, case management, mediation, information and referral, counseling, client education, supervision, consultation, education, research, advocacy, community organization and development, planning, evaluation, implementation and administration of policies, programs, and activities. Under supervision as provided in this section, the practice of master social work may include the practices reserved to clinical social workers or advanced macro social workers; (13) “Practice of advanced macro social work”, rendering, offering to render, or supervising those who render to individuals, couples, families, groups, organizations, institutions, corporations, government agencies, communities, or the general public any service involving the application of methods, principles, and techniques of advanced practice macro social work; (14) “Practice of baccalaureate social work”, rendering, offering to render, or supervising those who render to individuals, families, groups, organizations, institutions, corporations, or the general public any service involving the application of methods, principles, and techniques of baccalaureate social work; (15) “Practice of clinical social work”, rendering, offering to render, or supervising those who render to individuals, couples, groups, organizations, institutions, corporations, or the general public any service involving the application of methods, principles, and techniques of clinical social work; (16) “Practice of master social work”, rendering, offering to render, or supervising those who render to individuals, couples, families, groups, organizations, institutions, corporations, government agencies, communities, or the general public any service involving the application of methods, principles, and techniques of master social work; (17) “Provisional licensed clinical social worker”, any person who is a graduate of an accredited school of social work and meets all requirements of a licensed clinical social worker, other than the supervised clinical social work experience prescribed by subdivision (2) of subsection 1 of section 337.615, and who is supervised by a person who is qualified to practice clinical social work, as defined by rule; (18) “Qualified advanced macro supervisor”, any licensed social worker who meets the qualifications of a qualified clinical supervisor or a licensed advanced macro social worker who has: (a) Practiced in the field for which he or she is supervising the applicant for a minimum uninterrupted period of five years; (b) Successfully completed a minimum of sixteen hours of supervisory training from the Association of Social Work Boards, the National Association of Social Workers, an accredited university, or a program approved by the state committee for social workers. All organizations providing the supervisory training shall adhere to the basic content and quality standards outlined by the state committee on social work; and (c) Met all the requirements of sections 337.600 to 337.689, and as defined by rule by the state committee for social workers; (19) “Qualified baccalaureate supervisor”, any licensed social worker who meets the qualifications of a qualified clinical supervisor, qualified master supervisor, qualified advanced macro supervisor, or a licensed baccalaureate social worker who has: (a) Practiced in the field for which he or she is supervising the applicant for a minimum uninterrupted period of five years; (b) Successfully completed a minimum of sixteen hours of supervisory training from the Association of Social Work Boards, the National Association of Social Workers, an accredited university, or a program approved by the state committee for social workers. All organizations providing the supervisory training shall adhere to the basic content and quality standards outlined by the state committee on social workers; and (c) Met all the requirements of sections 337.600 to 337.689, and as defined by rule by the state committee for social workers; (20) “Qualified clinical supervisor”, any licensed clinical social worker who has: (a) Practiced in the field for which he or she is supervising the applicant uninterrupted since August 28, 2004, or a minimum of five years; (b) Successfully completed a minimum of sixteen hours of supervisory training from the Association of Social Work Boards, the National Association of Social Workers, an accredited university, or a program approved by the state committee for social workers. All organizations providing the supervisory training shall adhere to the basic content and quality standards outlined by the state committee on social work; and (c) Met all the requirements of sections 337.600 to 337.689, and as defined by rule by the state committee for social workers; (21) “Social worker”, any individual that has: (a) Received a baccalaureate or master’s degree in social work from an accredited social work program approved by the council on social work education; (b) Received a doctorate or Ph.D. in social work; or

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(c) A current social worker license as set forth in sections 337.600 to 337.689. (L. 1989 H.B. 738 & 720 § 1, A.L. 1995 S.B. 69, et al., A.L. 2003 H.B. 332, A.L. 2005 S.B. 177, A.L. 2007 H.B. 780 merged with S.B. 308, A.L. 2008 S.B. 788, A.L. 2009 H.B. 326) 337.604. 1. No person shall hold himself or herself out to be a social worker unless such person has: (1) Received a baccalaureate or master’s degree in social work from an accredited social work program approved by the council on social work education; (2) Received a doctorate or Ph.D. in social work; or (3) A current social worker license as set forth in sections 337.600 to 337.689. 2. No government entities, public or private agencies or organizations in the state shall use the title “social worker” or any form of the title, including but not limited to the abbreviations “SW”, “BSW”, “MSW”, “DSW”, “LBSW”, “LBSW-IP”, “LMSW”, “PLCSW”, “LCSW”, “CSW”, “LAMSW”, and “AMSW”, for volunteer or employment positions or within contracts for services, documents, manuals, or reference material effective January 1, 2004, unless the volunteers or employees in those positions meet the criteria set forth in this chapter. (L. 2003 H.B. 332, A.L. 2007 H.B. 780 merged with S.B. 308, A.L. 2009 H.B. 326) tion. Each application shall be accompanied by the fees required by the committee. 2. The committee shall mail a renewal notice to the last known address of each licensee prior to the licensure renewal date. Failure to provide the committee with the information required for licensure, or to pay the licensure fee after such notice shall effect a revocation of the license after a period of sixty days from the licensure renewal date. The license shall be restored if, within two years of the licensure date, the applicant provides written application and the payment of the licensure fee and a delinquency fee. 3. A new certificate to replace any certificate lost, destroyed or mutilated may be issued subject to the rules of the committee, upon payment of a fee. 4. The committee shall set the amount of the fees which sections 337.600 to 337.689 authorize and require by rules and regulations promulgated pursuant to section 536.021, RSMo. The fees shall be set at a level to produce revenue which shall not substantially exceed the cost and expense of administering the provisions of sections 337.600 to 337.689. All fees provided for in sections 337.600 to 337.689 shall be collected by the director who shall deposit the same with the state treasurer in a fund to be known as the "Clinical Social Workers Fund". After August 28, 2007, the clinical social workers fund shall be called the "Licensed Social Workers Fund" and after such date all references in state law to the clinical social workers fund shall be considered references to the licensed social workers fund. 5. The provisions of section 33.080, RSMo, to the contrary notwithstanding, money in this 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 two times the amount of the appropriations from the clinical social workers fund for the preceding fiscal year or, if the committee requires by rule renewal less frequently than yearly, then three times the appropriation from the committee's fund for the preceding fiscal year. The amount, if any, in the fund which shall lapse is that amount in the fund which exceeds the appropri-

Section 337.603 License required--exemptions from licensure.
337.603 No person shall use the title of "licensed clinical social worker", "clinical social worker" or "provisional licensed clinical social worker", or engage in the practice of clinical social work in this state, unless the person is licensed as required by the provisions of sections 337.600 to 337.689. Only individuals who are licensed clinical social workers shall practice clinical social work. Sections 337.600 to 337.689 shall not apply to: (1) Any person registered, certificated, or licensed by this state, another state, or any recognized national certification agent acceptable to the committee to practice any other occupation or profession while rendering services similar in nature to clinical social work in the performance of the occupation or profession which the person is registered, certificated, or licensed; and (2) The practice of any social worker who is employed by any agency or department of the state of Missouri while discharging the person's duties in that capacity. (L. 1989 H.B. 738 & 720 § 2, A.L. 1995 S.B. 69, et al., A.L. 1997 S.B. 246, A.L. 2005 S.B. 177, A.L. 2007 H.B. 780 merged with S.B. 308)

Section 337.612 Applications, contents, fee-fund established--renewal, fee-lost certificate, how replaced.
337.612 1. Applications for licensure as a clinical social worker, baccalaureate social worker, advanced macro social worker or master social worker shall be in writing, submitted to the committee on forms prescribed by the committee and furnished to the applicant. The application shall contain the applicant's statements showing the applicant's education, experience, and such other information as the committee may require. Each application shall contain a statement that it is made under oath or affirmation and that the information contained therein is true and correct to the best knowledge and belief of the applicant, subject to the penalties provided for the making of a false affidavit or declara-

Section 337.604 Title of social worker, requirements to use title.

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ate multiple of the appropriations from the clinical social workers fund for the preceding fiscal year. (L. 1989 H.B. 738 & 720 § 5, A.L. 1997 S.B. 246, A.L. 2001 H.B. 567, A.L. 2007 H.B. 780 merged with S.B. 308) meets one of the following criteria: (1) Has received a masters or doctoral degree from a college or university program of social work accredited by the council of social work education and has been licensed to practice clinical social work for the preceding five years; or (2) Is currently licensed or certified as a clinical social worker in another state, territory of the United States, or the District of Columbia having substantially the same requirements as this state for clinical social workers. 3. The committee shall issue a license to each person who files an application and fee as required by the provisions of sections 337.600 to 337.689 and who furnishes evidence satisfactory to the committee that the applicant has complied with the provisions of subdivisions (1) to (4) of subsection 1 of this section or with the provisions of subsection 2 of this section. The committee shall issue a provisional clinical social worker license to any applicant who meets all requirements of subdivisions (1), (3) and (4) of subsection 1 of this section, but who has not completed the twenty-four months of supervised clinical experience required by subdivision (2) of subsection 1 of this section, and such applicant may reapply for licensure as a clinical social worker upon completion of the twenty-four months of supervised clinical experience. (L. 1989 H.B. 738 & 720 § 6, A.L. 1995 S.B. 69, et al., A.L. 1997 S.B. 246, A.L. 2001 H.B. 567, A.L. 2004 H.B. 1195 merged with S.B. 1122, A.L. 2005 S.B. 177, A.L. 2006 S.B. 756, A.L. 2007 H.B. 780 merged with S.B. 308) require a minimum number of thirty clock hours of continuing education for renewal of a license issued pursuant to sections 337.600 to 337.689. The committee shall renew any license, other than a provisional license, upon application for a renewal, completion of the required continuing education hours and upon payment of the fee established by the committee pursuant to the provisions of section 337.612. As provided by rule, the board may waive or extend the time requirements for completion of continuing education for reasons related to health, military service, foreign residency, or for other good cause. All requests for waivers or extensions of time shall be made in writing and submitted to the board before the renewal date. (L. 1989 H.B. 738 & 720 § 7, A.L. 1997 S.B. 246, A.L. 2001 H.B. 567, A.L. 2005 S.B. 177, A.L. 2007 H.B. 780 merged with S.B. 308)

Section 337.615 Education, experience requirements--reciprocity--licenses issued, when.
337.615 1. Each applicant for licensure as a clinical social worker shall furnish evidence to the committee that: (1) The applicant has a master's degree from a college or university program of social work accredited by the council of social work education or a doctorate degree from a school of social work acceptable to the committee; (2) The applicant has completed three thousand hours of supervised clinical experience with a qualified clinical supervisor, as defined in section 337.600, in no less than twentyfour months and no more than forty-eight consecutive calendar months; (3) The applicant has achieved a passing score, as defined by the committee, on an examination approved by the committee. The eligibility requirements for such examination shall be promulgated by rule of the committee; (4) The applicant is at least eighteen years of age, is of good moral character, is a United States citizen or has status as a legal resident alien, and has not been convicted of a felony during the ten years immediately prior to application for licensure. 2. Any person holding a current license, certificate of registration, or permit from another state or territory of the United States or the District of Columbia to practice clinical social work who has had no disciplinary action taken against the license, certificate of registration, or permit for the preceding five years may be granted a license to practice clinical social work in this state if the person

Section 337.621 Temporary permits.
337.621 The committee may issue temporary permits to practice under extenuating circumstances as determined by the committee and defined by rule. (L. 1989 H.B. 738 & 720 § 8, A.L. 1997 S.B. 246)

Section 337.622 State committee for social workers--membership, removal and vacancies.
337.622 1. There is hereby established the "State Committee for Social Workers", which shall guide, advise, and make recommendations to the division and fulfill other responsibilities designated by sections 337.600 to 337.689. The committee shall approve any examination required by sections 337.600 to 337.689 and shall assist the division in carrying out the provisions of sections 337.600 to 337.689.

Section 337.618 License expiration, renewal, fees, continuing education requirements.
337.618 Each license issued pursuant to the provisions of sections 337.600 to 337.689 shall expire on a renewal date established by the director. The term of licensure shall be twenty-four months. The committee shall

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2. The committee shall consist of ten members, including a public member appointed by the governor with the advice and consent of the senate. Each member of the committee shall be a citizen of the United States and a resident of this state. The committee shall consist of six licensed clinical social workers, one licensed master social worker, one licensed baccalaureate social worker*, one licensed advanced macro social worker, and one voting public member. At least two committee members shall be involved in the private practice of clinical social work. The governor shall endeavor to appoint members from different geographic regions of the state and with regard to the pattern of distribution of social workers in the state. The term of office for committee members shall be four years and no committee member shall serve more than ten years. The president of the National Association of Social Workers Missouri Chapter in office at the time shall, at least ninety days prior to the expiration of a term of a member of a clinical social worker, master social worker, advanced macro social worker, or baccalaureate social worker committee member or as soon as feasible after a vacancy on the committee otherwise occurs, submit to the director of the division of professional registration a list of five social workers qualified and willing to fill the vacancy in question, with the request and recommendation that the governor appoint one of the five persons in each category so listed, and with the list so submitted, the president of the National Association of Social Workers Missouri Chapter shall include in his or her letter of transmittal a description of the method by which the names were chosen by that association. 3. A vacancy in the office of a member shall be filled by appointment by the governor for the remainder of the unexpired term. 4. Notwithstanding any other provision of law to the contrary, any appointed member of the committee shall receive as compensation an amount established by the director of the division of professional registration not to exceed seventy dollars per day for committee business plus each member of the committee shall be reimbursed for necessary and actual expenses incurred in the performance of the member's official duties. The director of the division of professional registration shall establish by rule guidelines for payment. All staff for the committee shall be provided by the division. 5. The committee shall hold an annual meeting at which it shall elect from its membership a chairperson and a secretary. The committee may hold such additional meetings as may be required in the performance of its duties, provided that notice of every meeting must be given to each member at least three days prior to the date of the meeting. A quorum of the board shall consist of a majority of its members. 6. The governor may remove a committee member for misconduct, incompetency or neglect of the member's official duties after giving the committee member written notice of the charges against such member and an opportunity to be heard thereon. 7. The public member shall be at the time of such member's appointment a citizen of the United States; a resident of this state for a period of one year and a registered voter; a person who is not and never was a member of any profession licensed or regulated pursuant to sections 337.600 to 337.689, or the spouse of such person; and a person who does not have and never has had a material, financial interest in either the providing of the professional services regulated by sections 337.600 to 337.689, or an activity or organization directly related to any profession licensed or regulated pursuant to sections 337.600 to 337.689. The duties of the public member shall not include the determination of the technical requirements to be met for licensure or whether any person meets such technical requirements or of the technical competence or technical judgment of a licensee or a candidate for licensure. (L. 1997 S.B. 246, A.L. 1999 H.B. 343, A.L. 2001 H.B. 567, A.L. 2007 H.B. 780 merged with S.B. 308) *Word "workers" appears in original rolls.

dure.
337.627 1. The committee shall promulgate rules and regulations pertaining to: (1) The form and content of license applications required by the provisions of sections 337.600 to 337.689 and the procedures for filing an application for an initial or renewal license in this state; (2) Fees required by the provisions of sections 337.600 to 337.689; (3) The characteristics of supervised clinical experience, supervised master experience, supervised advanced macro experience, and supervised baccalaureate experience; (4) The standards and methods to be used in assessing competency as a licensed clinical social worker, licensed master social worker, licensed advanced macro social worker, and licensed baccalaureate social worker, including the requirement for continuing education hours; (5) Establishment and promulgation of procedures for investigating, hearing and determining grievances and violations occurring pursuant to the provisions of sections 337.600 to 337.689; (6) Development of an appeal procedure for the review of decisions and rules of administrative agencies existing pursuant to the constitution or laws of this state; (7) Establishment of a policy and procedure for reciprocity with other states, including states which do not have clinical, master, advanced macro, or baccalaureate social worker licensing laws or states whose licensing laws are not substantially the same as those of this state; and (8) Any other policies or procedures necessary to the fulfillment of the requirements of sections 337.600 to 337.689. 2. Any rule or portion of a rule, as that term is defined in section 536.010, RSMo, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of

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chapter 536, RSMo, and, if applicable, section 536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536, RSMo, to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2007, shall be invalid and void. (L. 1989 H.B. 738 & 720 § 10, A.L. 1993 S.B. 52, A.L. 1995 S.B. 3, A.L. 1997 S.B. 246, A.L. 2007 H.B. 780 merged with S.B. 308) (2) The person has been finally adjudicated and found guilty, or entered a plea of guilty or nolo contendere, in a criminal prosecution pursuant to the laws of any state or of the United States, for any offense reasonably related to the qualifications, functions or duties of a social worker licensed under this chapter; for any offense an essential element of which is fraud, dishonesty or an act of violence; or for any offense involving moral turpitude, whether or not sentence is imposed; (3) Use of fraud, deception, misrepresentation or bribery in securing any license issued pursuant to the provisions of sections 337.600 to 337.689 or in obtaining permission to take any examination given or required pursuant to the provisions of sections 337.600 to 337.689; (4) Obtaining or attempting to obtain any fee, charge, tuition or other compensation by fraud, deception or misrepresentation; (5) Incompetency, misconduct, fraud, misrepresentation or dishonesty in the performance of the functions or duties of a social worker licensed pursuant to this chapter; (6) Violation of, or assisting or enabling any person to violate, any provision of sections 337.600 to 337.689, or of any lawful rule or regulation adopted pursuant to sections 337.600 to 337.689; (7) Impersonation of any person holding a license or allowing any person to use the person's license or diploma from any school; (8) Revocation or suspension of a license or other right to practice social work licensed pursuant to this chapter granted by another state, territory, federal agency or country upon grounds for which revocation or suspension is authorized in this state; (9) Final adjudication as incapacitated by a court of competent jurisdiction; (10) Assisting or enabling any person to practice or offer to practice social work licensed pursuant to this chapter who is not licensed and currently eligible to practice pursuant to the provisions of sections 337.600 to 337.689; (11) Obtaining a license based upon a material mistake of fact; (12) Failure to display a valid license if so required by sections 337.600 to 337.689 or any rule promulgated hereunder; (13) Violation of any professional trust or confidence; (14) Use of any advertisement or solicitation which is false, misleading or deceptive to the general public or persons to whom the advertisement or solicitation is primarily directed; (15) Being guilty of unethical conduct as defined in the ethical standards for clinical social workers adopted by the committee by rule and filed with the secretary of state. 3. Any person, organization, association or corporation who reports or provides information to the committee pursuant to the provisions of sections 337.600 to 337.689 and who does so in good faith shall not be subject to an action for civil damages as a result thereof. 4. After the filing of such complaint, the proceedings shall be conducted in accordance with the provisions of chapter 621, RSMo. Upon a finding by the administrative hearing commission that the grounds, provided in subsection 2 of this section, for disciplinary action are met, the committee may censure or place the person named in the complaint on probation on such terms and conditions as the committee deems appropriate for a period not to exceed five years, or may suspend, for a period not to exceed three years, or revoke the license. (L. 1989 H.B. 738 & 720 § 11, A.L. 1997 S.B. 246, A.L. 2007 H.B. 780 merged with S.B. 308)

Section 337.630 Grounds for refusal, revocation or suspension of license-civil immunity, when--procedure upon filing complaint.
337.630 1. The committee may refuse to issue or renew any license required by the provisions of sections 337.600 to 337.689 for one or any combination of causes stated in subsection 2 of this section. The committee shall notify the applicant in writing of the reasons for the refusal and shall advise the applicant of the applicant's right to file a complaint with the administrative hearing commission as provided by chapter 621, RSMo. 2. The committee may cause a complaint to be filed with the administrative hearing commission as provided by chapter 621, RSMo, against any holder of any license required by sections 337.600 to 337.689 or any person who has failed to renew or has surrendered the person's license for any one or any combination of the following causes: (1) Use of any controlled substance, as defined in chapter 195, RSMo, or alcoholic beverage to an extent that such use impairs a person's ability to engage in the occupation of social work licensed under this chapter; except that the fact that a person has undergone treatment for past substance or alcohol abuse and/or has participated in a recovery program, shall not by itself be cause for refusal to issue or renew a license;

Section 337.633 Violations, penalty--refund of fees for service--duties of department--injunctions, grounds for--venue. 29

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337.633 1. Violation of any provision of sections 337.600 to 337.689 shall be a class B misdemeanor. 2. All fees or other compensation received for services which are rendered in violation of sections 337.600 to 337.689 shall be refunded. 3. The department on behalf of the committee may sue in its own name in any court in this state. The department shall inquire as to any violations of sections 337.600 to 337.689, may institute actions for penalties herein prescribed, and shall enforce generally the provisions of sections 337.600 to 337.689. 4. Upon application by the committee, the attorney general may on behalf of the committee request that a court of competent jurisdiction grant an injunction, restraining order or other order as may be appropriate to enjoin a person from: (1) Offering to engage or engaging in the performance of any acts or practices for which a certificate of registration or authority, permit or license is required upon a showing that such acts or practices were performed or offered to be performed without a certificate of registration or authority, permit or license; or (2) Engaging in any practice of business authorized by a certificate of registration or authority, permit or license issued pursuant to sections 337.600 to 337.689 upon a showing that the holder presents a substantial probability of serious harm to the health, safety or welfare of any resident of this state or client or patient of the licensee. 5. Any action brought pursuant to the provisions of this section shall be commenced either in the county in which such conduct occurred or in the county in which the defendant resides. 6. Any action brought pursuant to this section may be in addition to or in lieu of any penalty provided by this act and may be brought concurrently with other actions to enforce the provisions of sections 337.600 to 337.689. (L. 1989 H.B. 738 & 720 § 12, A.L. 1997 S.B. 246, A.L. 2003 H.B. 332)

Section 337.636 Privileged communications, when.
337.636 Persons licensed under the provisions of sections 337.600 to 337.689 may not disclose any information acquired from persons consulting them in their professional capacity, or be compelled to disclose such information except: (1) With the written consent of the client, or in the case of the client's death or disability, the client's personal representative or other person authorized to sue, or the beneficiary of an insurance policy on the client's life, health or physical condition; (2) When such information pertains to a criminal act; (3) When the person is a child under the age of eighteen years and the information acquired by the licensee indicated that the child was the victim of a crime; (4) When the person waives the privilege by bringing charges against the licensee; (5) When the licensee is called upon to testify in any court or administrative hearings concerning matters of adoption, adult abuse, child abuse, child neglect, or other matters pertaining to the welfare of clients of the licensee; or (6) When the licensee is collaborating or consulting with professional colleagues or an administrative superior on behalf of the client. (L. 1989 H.B. 738 & 720 § 13, A.L. 2007 H.B. 780 merged with S.B. 308)

mission, or agency of the state of Missouri, any county, any municipality, any school district, or any other political subdivision shall discriminate between persons licensed under sections 337.600 to 337.689, when promulgating regulations or when requiring or recommending services that legally may be performed by persons licensed under sections 337.600 to 337.689. (L. 2004 S.B. 1122)

Section 337.643 Licensure required for use of title--practice authorized.
337.643 1. No person shall use the title of licensed master social worker and engage in the practice of master social work in this state unless the person is licensed as required by the provisions of this section and section 337.644. 2. A licensed master social worker shall be deemed qualified to practice the applications of social work theory, knowledge, methods and ethics and the professional use of self to restore or enhance social, psychosocial, or biopsychosocial functioning of individuals, couples, families, groups, organizations, and communities. "Master social work practice" includes the applications of specialized knowledge and advanced practice skills in the management, information and referral, counseling, supervision, consultation, education, research, advocacy, community organization, and the development, implementation, and administration of policies, programs, and activities. Under supervision as provided in sections 337.600 to 337.689, the practice of master social work may include the practices reserved to clinical social workers or advanced macro social workers. (L. 2007 H.B. 780 merged with S.B. 308)

Section 337.642 Discrimination against social workers in promulgation of rules prohibited.
337.642 No official, employee, board, com-

Section 337.644 Application, contents--reci30

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procity--issuance of license, when.
337.644 1. Each applicant for licensure as a master social worker shall furnish evidence to the committee that: (1) The applicant has a master's or doctorate degree in social work from an accredited social work degree program approved by the council of social work education; (2) The applicant has achieved a passing score, as defined by the committee, on an examination approved by the committee. The eligibility requirements for such examination shall be determined by the state committee for social workers; (3) The applicant is at least eighteen years of age, is of good moral character, is a United States citizen or has status as a legal resident alien, and has not been convicted of a felony during the ten years immediately prior to application for licensure; (4) The applicant has submitted a written application on forms prescribed by the state board; (5) The applicant has submitted the required licensing fee, as determined by the committee. 2. Any applicant who answers in the affirmative to any question on the application that relates to possible grounds for denial of licensure under section 337.630 shall submit a sworn affidavit setting forth in detail the facts which explain such answer and copies of appropriate documents related to such answer. 3. Any person holding a valid unrevoked and unexpired license, certificate, or registration from another state or territory of the United States having substantially the same requirements as this state for master social workers may be granted a license to engage in the person's occupation in this state upon application to the committee accompanied by the appropriate fee as established by the committee under section 337.612. 4. The committee shall issue a license to each person who files an application and fee as required by the provisions of sections 337.600

to 337.689 and who furnishes evidence satisfactory to the committee that the applicant has complied with the provisions of subsection 1 of this section or with the provisions of subsection 3 of this section. The license shall refer to the individual as a licensed master social worker and shall recognize that individual's right to practice licensed master social work as defined in section 337.600. (L. 2007 H.B. 780 merged with S.B. 308)

ary action taken against the license, certificate of registration, or permit for the preceding five years may be granted a license to practice advanced macro social work in this state if the person meets one of the following criteria: (1) Has received a master's or doctoral degree from a college or university program of social work accredited by the council of social work education and has been licensed to practice advanced macro social work for the preceding five years; or (2) Is currently licensed or certified as an advanced macro social worker in another state, territory of the United States, or the District of Columbia having substantially the same requirements as this state for advanced macro social workers. 3. The committee shall issue a license to each person who files an application and fee as required by the provisions of sections 337.600 to 337.689 and who furnishes evidence satisfactory to the committee that the applicant has complied with the provisions of subdivisions (1) to (4) of subsection 1 of this section or with the provisions of subsection 2 of this section. (L. 2007 H.B. 780 merged with S.B. 308)

Section 337.645 Application information required--issuance of license, when.
337.645 1. Each applicant for licensure as an advanced macro social worker shall furnish evidence to the committee that: (1) The applicant has a master's degree from a college or university program of social work accredited by the council of social work education or a doctorate degree from a school of social work acceptable to the committee; (2) The applicant has completed three thousand hours of supervised advanced macro experience with a qualified advanced macro supervisor as defined in section 337.600 in no less than twenty-four months and no more than forty-eight consecutive calendar months; (3) The applicant has achieved a passing score, as defined by the committee, on an examination approved by the committee. The eligibility requirements for such examination shall be promulgated by rule of the committee; (4) The applicant is at least eighteen years of age, is of good moral character, is a United States citizen or has status as a legal resident alien, and has not been convicted of a felony during the ten years immediately prior to application for licensure. 2. Any person holding a current license, certificate of registration, or permit from another state or territory of the United States or the District of Columbia to practice advanced macro social work who has had no disciplin-

Section 337.646 License required for use of title.
337.646 No person shall use the title of licensed advanced macro social worker and engage in the practice of advanced macro social work in this state unless the person is licensed as required by the provisions of section 337.645. (L. 2007 H.B. 780 merged with S.B. 308)

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plinary action prohibited, when--request to destroy documentation permitted, when--disclosure of complaint not required, when.
337.649. 1. If the committee finds merit to a complaint by an individual incarcerated or under the care and control of the department of corrections or by an individual who has been ordered to be taken into custody, detained, or held under sections 632.480 to 632.513, RSMo, and takes further investigative action, no documentation may appear on file or disciplinary action may be taken in regards to the licensee’s license unless the provisions of subsection 2 of section 337.630 have been violated. Any case file documentation that does not result in the committee filing an action under and pursuant to subsection 2 of section 337.630 shall be destroyed within three months after the final case disposition by the committee. No notification to any other licensing board in another state or any national registry regarding any investigative action shall be made unless the provisions of subsection 2 of section 337.630 have been violated. 2. Upon written request of the social worker subject to a complaint, prior to August 28, 2007, by an individual incarcerated or under the care and control of the department of corrections or prior to August 28, 2009, by an individual who has been ordered to be taken into custody, detained, or held under sections 632.480 to 632.513, RSMo, that did not result in the committee filing an action under and pursuant to subsection 2 of section 337.630, the committee and the division of professional registration shall in a timely fashion: (1) Destroy all documentation regarding the complaint; (2) Notify any other licensing board in another state or any national registry regarding the board’s actions if they have been previously notified of the complaint; and (3) Send a letter to the licensee that clearly states that the committee found the complaint to be unsubstantiated, that the committee has taken the requested action, and notify the

licensee of the provisions of subsection 3 of this section. 3. Any person who has been the subject of an unsubstantiated complaint as provided in subsection 1 or 2 of this section shall not be required to disclose the existence of such complaint in subsequent applications or representations relating to their social work professions. (L. 2007 H.B. 555 § 337.640 merged with S.B. 272, A.L. 2009 H.B. 866)

peutic techniques; (6) Be a community supporter, organizer, planner or administrator for a social service program; (7) Conduct crisis planning ranging from disaster relief planning for communities to helping individuals prepare for the death or disability of family members; (8) Inform and refer clients to other professional services; (9) Perform case management and outreach, including but not limited to planning, managing, directing or coordinating social services; and (10) Engage in the training and education of social work students from an accredited institution and supervise other licensed baccalaureate social workers. 3. If the licensed baccalaureate social worker has completed three thousand hours of supervised baccalaureate experience with a qualified baccalaureate supervisor in no less than twenty-four months and no more than forty-eight consecutive calendar months, the licensed baccalaureate social worker may engage in the independent practice of baccalaureate social work as defined in section 337.600 and subdivisions (1) to (10) of subsection 2 of this section. Upon demonstrating the successful completion of supervised experience, the state committee for social workers shall provide the licensee with a certificate clearly stating the individual's qualification to practice independently with the words "independent practice" or "IP" next to his or her licensure. (L. 2001 H.B. 567, A.L. 2005 S.B. 177, A.L. 2007 H.B. 780 merged with S.B. 308)

Section 337.653 Baccalaureate social workers, license required, permitted activities.
337.653 1. No person shall use the title of licensed baccalaureate social worker and engage in the practice of baccalaureate social work in this state unless the person is licensed as required by the provisions of sections 337.600 to 337.689. 2. A licensed baccalaureate social worker shall be deemed qualified to practice the following: (1) Engage in assessment and evaluation from a generalist perspective, excluding the diagnosis and treatment of mental illness and emotional disorders; (2) Conduct basic data gathering of records and social problems of individuals, groups, families and communities, assess such data, and formulate and implement a plan to achieve specific goals; (3) Serve as an advocate for clients, families, groups or communities for the purpose of achieving specific goals; (4) Counsel, excluding psychotherapy; however, counseling shall be defined as providing support, direction, and guidance to clients by assisting them in successfully solving complex social problems; (5) Perform crisis intervention, screening and resolution, excluding the use of psychothera-

Section 337.662 Application for licensure, contents--renewal notices-replacement certificates provided, when--fees set by com32

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mittee.
337.661 1. Applications for licensure as a
baccalaureate social worker shall be in writing, submitted to the committee on forms prescribed by the committee and furnished to the applicant. The application shall contain the applicant's statements showing the applicant's education, experience and such other information as the committee may require. Each application shall contain a statement that it is made under oath or affirmation and that the information contained therein is true and correct to the best knowledge and belief of the applicant, subject to the penalties provided for the making of a false affidavit or declaration. Each application shall be accompanied by the fees required by the committee. 2. The committee shall mail a renewal notice to the last known address of each licensee prior to the licensure renewal date. Failure to provide the committee with the information required for licensure, or to pay the licensure fee after such notice shall effect a revocation of the license after a period of sixty days from the licensure renewal date. The license shall be restored if, within two years of the licensure date, the applicant provides written application and the payment of the licensure fee and a delinquency fee. 3. A new certificate to replace any certificate lost, destroyed or mutilated may be issued subject to the rules of the committee, upon payment of a fee. 4. The committee shall set the amount of the fees which sections 337.650 to 337.689 authorize and require by rules and regulations promulgated pursuant to chapter 536, RSMo. The fees shall be set at a level to produce revenue which shall not substantially exceed the cost and expense of administering the provisions of sections 337.650 to 337.689. All fees provided for in sections 337.650 to 337.689 shall be collected by the director who shall deposit the same with the state treasurer in the clinical social workers fund established in section 337.612. (L. 2001 H.B. 567)

Information required to be furnished committee--reciprocity, when--certificate to practice independently issued, when.
337.665 1. Each applicant for licensure as a baccalaureate social worker shall furnish evidence to the committee that: (1) The applicant has a baccalaureate degree in social work from an accredited social work degree program approved by the council of social work education; (2) The applicant has achieved a passing score, as defined by the committee, on an examination approved by the committee. The eligibility requirements for such examination shall be determined by the state committee for social work; (3) The applicant is at least eighteen years of age, is of good moral character, is a United States citizen or has status as a legal resident alien, and has not been convicted of a felony during the ten years immediately prior to application for licensure; (4) The applicant has submitted a written application on forms prescribed by the state board; (5) The applicant has submitted the required licensing fee, as determined by the committee. 2. Any applicant who answers in the affirmative to any question on the application that relates to possible grounds for denial of licensure pursuant to section 337.630 shall submit a sworn affidavit setting forth in detail the facts which explain such answer and copies of appropriate documents related to such answer. 3. Any person holding a valid unrevoked and unexpired license, certificate or registration from another state or territory of the United States having substantially the same requirements as this state for baccalaureate social workers may be granted a license to engage in the person's occupation in this

state upon application to the committee accompanied by the appropriate fee as established by the committee pursuant to section 337.612. 4. The committee shall issue a license to each person who files an application and fee as required by the provisions of sections 337.600 to 337.689 and who furnishes evidence satisfactory to the committee that the applicant has complied with the provisions of subsection 1 of this section or with the provisions of subsection 2 of this section. 5. The committee shall issue a certificate to practice independently under subsection 3 of section 337.653 to any licensed baccalaureate social worker who has satisfactorily completed three thousand hours of supervised experience with a qualified baccalaureate supervisor in no less than twenty-four months and no more than forty-eight consecutive calendar months. (L. 2001 H.B. 567, A.L. 2004 S.B. 1122, A.L. 2007 H.B. 780 merged with S.B. 308)

Section 337.671 Temporary permits issued, when.
337.671 The committee may issue temporary permits to practice under extenuating circumstances as determined by the committee and defined by rule. (L. 2001 H.B. 567)

Section 337.683 Violations, penalty--committee may sue, when--actions permitted to be enjoined.
337.683 1. Violation of any provision of sections 337.650 to 337.689 shall be a class B misdemeanor.

Section 337.665

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2. All fees or other compensation received for services which are rendered in violation of sections 337.650 to 337.689 shall be refunded. 3. The department on behalf of the committee may sue in its own name in any court in this state. The department shall inquire as to any violations of sections 337.650 to 337.689, may institute actions for penalties herein prescribed, and shall enforce generally the provisions of sections 337.650 to 337.689. 4. Upon application by the committee, the attorney general may on behalf of the committee request that a court of competent jurisdiction grant an injunction, restraining order or other order as may be appropriate to enjoin a person from: (1) Offering to engage or engaging in the performance of any acts or practices for which a certificate of registration or authority, permit or license is required upon a showing that such acts or practices were performed or offered to be performed without a certificate of registration or authority, permit or license; or (2) Engaging in any practice of business authorized by a certificate of registration or authority, permit or license issued pursuant to sections 337.650 to 337.689 upon a showing that the holder presents a substantial probability of serious harm to the health, safety or welfare of any resident of this state or client or patient of the licensee. 5. Any action brought pursuant to the provisions of this section shall be commenced either in the county in which such conduct occurred or in the county in which the defendant resides. 6. Any action brought pursuant to this section may be in addition to or in lieu of any penalty provided by sections 337.650 to 337.689 and may be brought concurrently with other actions to enforce the provisions of sections 337.650 to 337.689. (L. 2001 H.B. 567)

Licensees may be compelled to testify.
337.689 Nothing in sections 337.600 to 337.689 shall be construed to prohibit
any person licensed pursuant to the provisions of sections 337.600 to 337.689 from testifying in court hearings concerning matters of adoption, adult abuse, child abuse, child neglect, or other matters pertaining to the welfare of children or any dependent person, or from seeking collaboration or consultation with professional colleagues or administrative supervisors on behalf of the client. (L. 2001 H.B. 567, A.L. 2007 H.B. 780 merged with S.B. 308)

vidual behavior within the context of marital and family systems, including the context of marital formation and dissolution. Marriage and family therapy is based on systems theories, marriage and family development, normal and dysfunctional behavior, human sexuality and psychotherapeutic, marital and family therapy theories and techniques and includes the use of marriage and family therapy theories and techniques in the diagnosis, evaluation, assessment and treatment of intrapersonal or interpersonal dysfunctions within the context of marriage and family systems. Marriage and family therapy may also include clinical research into more effective methods for the treatment and prevention of the above-named conditions; (8) "Practice of marital and family therapy", the rendering of professional marital and family therapy services to individuals, family groups and marital pairs, singly or in groups, whether such services are offered directly to the general public or through organizations, either public or private, for a fee, monetary or otherwise. (L. 1995 S.B. 69, et al., A.L. 2007 H.B. 780 merged with S.B. 308, A.L. 2008 S.B. 788)

Section 337.700 Definitions.
337.700 As used in sections 337.700 to 337.739, the following terms mean: (1) "Committee", the state committee for family and marital therapists; (2) "Department", the Missouri department of insurance, financial institutions and professional registration; (3) "Director", the director of the division of professional registration; (4) "Division", the division of professional registration; (5) "Fund", the marital and family therapists' fund created in section 337.712; (6) "Licensed marital and family therapist", a person to whom a license has been issued pursuant to the provisions of sections 337.700 to 337.739, whose license is in force and not suspended or revoked; (7) "Marital and family therapy", the use of scientific and applied marriage and family theories, methods and procedures for the purpose of describing, diagnosing, evaluating and modifying marital, family and indi-

Section 337.703 License required, exceptions.
337.703 No person shall use the title of "licensed marital and family therapist", "marital and family therapist", "provisional marital and family therapist", or engage in the practice of marital and family therapy in this state unless the person is licensed as required by the provisions of sections 337.700 to 337.739. Sections 337.700 to 337.739 shall not apply to: (1) Any person registered, certificated or licensed by this state, another state or any recognized national certification agent acceptable to the division to practice any other occupation or profession while rendering services similar in nature to marital and family therapy in the performance of the occupation or profession in which the person is registered, certificated or licensed, so long as

Section 337.689

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the person does not use the title of "licensed marital and family therapist", "marital and family therapist", or "provisional marital and family therapist"; (2) The practice of any marital and family therapist who is employed by any political subdivision, school district, agency or department of the state of Missouri while discharging the therapist's duties in that capacity; and (3) Duly ordained ministers or clergy, religious workers and volunteers or Christian Science Practitioners. (L. 1995 S.B. 69, et al., A.L. 2004 H.B. 1195) 3. A new certificate to replace any certificate lost, destroyed or mutilated may be issued subject to the rules of the division upon payment of a fee. 4. The committee shall set the amount of the fees authorized. The fees shall be set at a level to produce revenue which shall not substantially exceed the cost and expense of administering the provisions of sections 337.700 to 337.739. All fees provided for in sections 337.700 to 337.739 shall be collected by the director who shall deposit the same with the state treasurer to a fund to be known as the “Marital and Family Therapists’ Fund”. 5. The provisions of section 33.080, RSMo, to the contrary notwithstanding, money in this 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 two times the amount of the appropriations from the marital and family therapists’ fund for the preceding fiscal year or, if the division requires by rule renewal less frequently than yearly then three times the appropriation from the fund for the preceding fiscal year. The amount, if any, in the fund which shall lapse is that amount in the fund which exceeds the appropriate multiple of the appropriations from the marital and family therapists’ fund for the preceding fiscal year. (L. 1995 S.B. 69, et al., A.L. 2004 S.B. 1122, A.L. 2009 S.B. 296)

Section 337.709 Laws not to be construed to require employment of marital and family therapists.
No provision of sections 337.700 to 337.739 shall be construed to require any agency, corporation or organization, not otherwise required by law, to employ licensed marital and family therapists. (L. 1995 S.B. 69, et al.)

Section 337.706 License required, exception for persons licensed in other state.
337.706 1. For a period of six months from
September 1, 1995, a person may apply for licensure without examination and shall be exempt from the academic requirements of sections 337.700 to 337.739 if the division is satisfied that the applicant: (1) Has been a resident of the state of Missouri for at least the last six months; and (2) Holds a valid license as a marital and family therapist from another state. 2. The division may determine by administrative rule the types of documentation needed to verify that an applicant meets the qualifications provided in subsection 1 of this section. 3. After March 1, 1996, no person may engage in marital and family therapy for compensation or hold himself or herself out as a "licensed marital and family therapist", "marital and family therapist", or "provisional marital and family therapist" unless the person complies with all educational and examination requirements and is licensed in accordance with the provisions of sections 337.700 to 337.739. (L. 1995 S.B. 69, et al., A.L. 2004 H.B. 1195)

Section 337.712 Licenses, application, oath, fee--lost certificates--fund.
337.712. 1. Applications for licensure as a marital and family therapist shall be in writing, submitted to the committee on forms prescribed by the committee and furnished to the applicant. The application shall contain the applicant’s statements showing the applicant’s education, experience and such other information as the committee may require. Each application shall contain a statement that it is made under oath or affirmation and that the information contained therein is true and correct to the best knowledge and belief of the applicant, subject to the penalties provided for the making of a false affidavit or declaration. Each application shall be accompanied by the fees required by the division. 2. The division shall mail a renewal notice to the last known address of each licensee prior to the licensure renewal date. Failure to provide the division with the information required for license, or to pay the licensure fee after such notice shall effect a revocation of the license after a period of sixty days from the license renewal date. The license shall be restored if, within two years of the licensure date, the applicant provides written application and the payment of the licensure fee and a delinquency fee.

Section 337.715 Qualifications for licensure, exceptions.
337.715. 1. Each applicant for licensure as a marital and family therapist shall furnish evidence to the committee that: (1) The applicant has a master’s degree or a doctoral degree in marital and family therapy, or its equivalent, from an acceptable educational institution accredited by a regional accrediting body or accredited by an accrediting body which has been approved by the United States Department of Education; (2) The applicant has twenty-four months of

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postgraduate supervised clinical experience acceptable to the division, as the division determines by rule; (3) After August 28, 2008, the applicant shall have completed a minimum of three semester hours of graduate-level course work in diagnostic systems either within the curriculum leading to a degree as defined in subdivision (1) of this subsection or as post-master’s graduate-level course work. Each applicant shall demonstrate supervision of diagnosis as a core component of the postgraduate supervised clinical experience as defined in subdivision (2) of this subsection; (4) Upon examination, the applicant is possessed of requisite knowledge of the profession, including techniques and applications research and its interpretation and professional affairs and ethics; (5) The applicant is at least eighteen years of age, is of good moral character, is a United States citizen or has status as a legal resident alien, and has not been convicted of a felony during the ten years immediately prior to application for licensure. 2. Any person otherwise qualified for licensure holding a current license, certificate of registration, or permit from another state or territory of the United States or the District of Columbia to practice marriage and family therapy may be granted a license without examination to engage in the practice of marital and family therapy in this state upon application to the state committee, payment of the required fee as established by the state committee, and satisfaction of the following: (1) Determination by the state committee that the requirements of the other state or territory are substantially the same as Missouri; (2) Verification by the applicant’s licensing entity that the applicant has a current license; and (3) Consent by the applicant to examination of any disciplinary history in any state. 3. The state committee shall issue a license to each person who files an application and fee as required by the provisions of sections 337.700 to 337.739. (L. 1995 S.B. 69, et al., A.L. 2004 H.B. 1195, A.L. 2007 H.B. 780 merged with S.B. 272 merged with S.B. 308, A.L. 2009 S.B. 296) filing an application for an initial or renewal license in this state; (2) Fees required by the provisions of sections 337.700 to 337.739; (3) The content, conduct and administration of the licensing examination required by section 337.715; (4) The characteristics of supervised clinical experience as that term is used in section 337.715; (5) The equivalent of the basic educational requirements set forth in section 337.715; (6) The standards and methods to be used in assessing competency as a licensed marital and family therapist; (7) Establishment and promulgation of procedures for investigating, hearing and determining grievances and violations occurring under the provisions of sections 337.700 to 337.739; (8) Development of an appeal procedure for the review of decisions and rules of administrative agencies existing under the constitution or laws of this state; (9) Establishment of a policy and procedure for reciprocity with other states, including states which do not have marital and family therapist licensing laws or states whose licensing laws are not substantially the same as those of this state; and (10) Any other policies or procedures necessary to the fulfillment of the requirements of sections 337.700 to 337.739. (L. 1995 S.B. 69, et al., A.L. 2009 S.B. 296)

Section 337.718 License expiration, renewal fee--temporary permits.
337.718. 1. Each license issued pursuant to the provisions of sections 337.700 to 337.739 shall expire on a renewal date established by the director. The term of licensure shall be twenty-four months; however, the director may establish a shorter term for the first licenses issued pursuant to sections 337.700 to 337.739. The division shall renew any license upon application for a renewal and upon payment of the fee established by the division pursuant to the provisions of section 337.712. Effective August 28, 2008, as a prerequisite for renewal, each licensee shall furnish to the committee satisfactory evidence of the completion of the requisite number of hours of continuing education as defined by rule, which shall be no more than forty contact hours biennially. The continuing education requirements may be waived by the committee upon presentation to the committee of satisfactory evidence of illness or for other good cause. 2. The committee may issue temporary permits to practice under extenuating circumstances as determined by the committee and defined by rule. (L. 1995 S.B. 69, et al. , A.L. 2007 H.B. 780 merged with S.B. 308, A.L. 2009 S.B. 296)

Section 337.727 Rulemaking authority, procedure.
337.727. The committee shall promulgate rules and regulations pertaining to: (1) The form and content of license applications required by the provisions of sections 337.700 to 337.739 and the procedures for

Section 337.730 Refusal to issue or renew, grounds, notice, rights of applicant--complaints filed with administrative hearing 36

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commission.
337.730. 1. The committee may refuse to issue or renew any license required by the provisions of sections 337.700 to 337.739 for one or any combination of causes stated in subsection 2 of this section. The committee shall notify the applicant in writing of the reasons for the refusal and shall advise the applicant of the applicant’s right to file a complaint with the administrative hearing commission as provided by chapter 621, RSMo. 2. The committee may cause a complaint to be filed with the administrative hearing commission as provided by chapter 621, RSMo, against any holder of any license required by sections 337.700 to 337.739 or any person who has failed to renew or has surrendered the person’s license for any one or any combination of the following causes: (1) Use of any controlled substance, as defined in chapter 195, RSMo, or alcoholic beverage to an extent that such use impairs a person’s ability to engage in the occupation of marital and family therapist; except the fact that a person has undergone treatment for past substance or alcohol abuse or has participated in a recovery program, shall not by itself be cause for refusal to issue or renew a license; (2) The person has been finally adjudicated and found guilty, or entered a plea of guilty in a criminal prosecution under the laws of any state or of the United States, for any offense reasonably related to the qualifications, functions or duties of a marital and family therapist; for any offense an essential element of which is fraud, dishonesty or an act of violence; or for any offense involving moral turpitude, whether or not sentence is imposed; (3) Use of fraud, deception, misrepresentation or bribery in securing any license issued pursuant to the provisions of sections 337.700 to 337.739 or in obtaining permission to take any examination given or required pursuant to the provisions of sections 337.700 to 337.739; (4) Obtaining or attempting to obtain any fee, charge, tuition or other compensation by fraud, deception or misrepresentation;

(5) Incompetency, misconduct, fraud, misrepresentation or dishonesty in the performance of the functions or duties of a marital and family therapist; (6) Violation of, or assisting or enabling any person to violate, any provision of sections 337.700 to 337.739 or of any lawful rule or regulation adopted pursuant to sections 337.700 to 337.739; (7) Impersonation of any person holding a license or allowing any person to use the person’s license or diploma from any school; (8) Revocation or suspension of a license or other right to practice marital and family therapy granted by another state, territory, federal agency or country upon grounds for which revocation or suspension is authorized in this state; (9) Final adjudication as incapacitated by a court of competent jurisdiction; (10) Assisting or enabling any person to practice or offer to practice marital and family therapy who is not licensed and is not currently eligible to practice under the provisions of sections 337.700 to 337.739; (11) Obtaining a license based upon a material mistake of fact; (12) Failure to display a valid license if so required by sections 337.700 to 337.739 or any rule promulgated hereunder; (13) Violation of any professional trust or confidence; (14) Use of any advertisement or solicitation which is false, misleading or deceptive to the general public or persons to whom the advertisement or solicitation is primarily directed; (15) Being guilty of unethical conduct as defined in the ethical standards for marital and family therapists adopted by the committee by rule and filed with the secretary of state. 3. Any person, organization, association or corporation who reports or provides information to the committee under sections 337.700 to 337.739 and who does so in good faith shall not be subject to an action for civil dam-

ages as a result thereof. 4. After filing of such complaint, the proceedings shall be conducted in accordance with the provisions of chapter 621, RSMo. Upon a finding by the administrative hearing commission that the grounds provided in subsection 2 of this section for disciplinary action are met, the division may censure or place the person named in the complaint on probation on such terms and conditions as the committee deems appropriate for a period not to exceed five years, or may suspend for a period not to exceed three years, or revoke the license. (L. 1995 S.B. 69, et al., A.L. 2009 S.B. 296)

Section 337.733 Violations of marital and family therapists law, penalty-attorney general, duties--injunctions--venue.
337.733. 1. Violation of any provision of sections 337.700 to 337.739 is a class B misdemeanor. 2. All fees or other compensation received for services which are rendered in violation of sections 337.700 to 337.739 shall be refunded. 3. The department on behalf of the division may sue in its own name in any court in this state. The department shall inquire as to any violations of sections 337.700 to 337.739, may institute actions for penalties prescribed, and shall enforce generally the provisions of sections 337.700 to 337.739. 4. Upon application by the committee, the attorney general may on behalf of the division request that a court of competent jurisdiction grant an injunction, restraining order or other order as may be appropriate to enjoin a person from: (1) Offering to engage or engaging in the performance of any acts or practices for which a certificate of registration or authority,

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permit or license is required upon a showing that such acts or practices were performed or offered to be performed without a certificate of registration or authority, permit or license; (2) Engaging in any practice of business authorized by a certificate of registration or authority, permit or license issued pursuant to sections 337.700 to 337.739, upon a showing that the holder presents a substantial probability of serious harm to the health, safety or welfare of any resident of this state or client or patient of the licensee. 5. Any action brought pursuant to the provisions of this section shall be commenced either in the county in which such conduct occurred or in the county in which the defendant resides. 6. Any action brought under this section may be in addition to or in lieu of any penalty provided by sections 337.700 to 337.739 and may be brought concurrently with other actions to enforce the provisions of sections 337.700 to 337.739. (L. 1995 S.B. 69, et al., A.L. 2009 S.B. 296) (4) When the person waives the privilege by bringing charges against the licensee; (5) When the licensee is called upon to testify in any court or administrative hearings concerning matters of adoption, adult abuse, child abuse, child neglect or other matters pertaining to the welfare of clients of the licensee; or (6) When the licensee is collaborating or consulting with professional colleagues or an administrative superior on behalf of the client. (L. 1995 S.B. 69, et al.) months of their appointment, and are actively engaged in the practice of marital and family therapy. If a member of the committee shall, during the member's term as a committee member, remove the member's domicile from the state of Missouri, then the committee shall immediately notify the governor, and the seat of that committee member shall be declared vacant. All such vacancies shall be filled by appointment as in the same manner as the first appointment, and the member so appointed shall serve for the unexpired term of the member whose seat has been declared vacant. The public members shall be at the time of each member's appointment a citizen of the United States; a resident of this state for a period of one year and a registered voter; a person who is not and never was a member of any profession licensed or regulated pursuant to this chapter or the spouse of such person; a person who does not have and never has had a material, financial interest in either the provision of the professional services regulated by this chapter, or an activity or organization directly related to any profession licensed or regulated pursuant to this chapter. 3. The committee shall hold a regular annual meeting at which it shall select from among its members a chairman and a secretary. A quorum of the committee shall consist of a majority of its members. In the absence of the chairman, the secretary shall conduct the office of the chairman. 4. No member of the committee shall receive any compensation for the performance of the member's official duties but shall be entitled to reimbursement for necessary and actual expenses incurred in the performance of the member's duties. The committee shall share resources and facilities with the office for the committee for professional counselors provided for in sections 337.500 to 337.540. All staff for the committee shall be provided by the director of the division of professional registration. 5. The governor may remove any member of the committee for misconduct, inefficiency, incompetency or neglect of office. (L. 1995 S.B. 69, et al., A.L. 1999 H.B. 343)

Section 337.739 Committee, members, qualifications, terms, meetings, expenses, removal.
337.739 1. There is created and established
the "State Committee of Marital and Family Therapists" which shall consist of four family and marital therapists and two voting public members. The committee shall be appointed by the governor with the advice and consent of the senate. Committee members shall serve for a term of five years, except for the members first appointed, one public member and one other member shall be appointed for five years, two members shall be appointed for four years, the other public member and one other member appointed for three years. No person shall be eligible for appointment to the committee who has served as a member of the committee for a total of ten years. Members shall be appointed to represent a diversity in gender, race and ethnicity. No more than three members shall be from the same political party. 2. Each nonpublic committee member shall be a resident of the state of Missouri for one year, shall be a United States citizen, and shall meet all the requirements for licensing enumerated in sections 337.700 to 337.739, shall be licensed pursuant to sections 337.700 to 337.739, except the members of the first committee, who shall be licensed within six

Section 337.736 Confidentiality, exceptions.
337.736 Persons licensed under the provisions of sections 337.700 to 337.739 may not disclose any information acquired from persons consulting them in their professional capacity, or be compelled to disclose such information except: (1) With the written consent of the client, or in the case of the client's death or disability, the client's personal representative or other person authorized to sue or the beneficiary of any insurance policy on the client's life, health or physical condition; (2) When such information pertains to a criminal act; (3) When the person is a child under the age of eighteen years and the information acquired by the licensee indicated that the child was the victim of a crime;

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Missouri Revised Statutes TITLE XXII OCCUPATIONS AND PROFESSIONS August 28, 2009
Chapter 338 -- Pharmacists and Pharmacies
Section 338.010. Practice of pharmacy defined—auxiliary personnel—nonprescription drugs. Section 338.013. Pharmacy technician to register with board of pharmacy, fees, application, renewal—refusal to issue, when—employee disqualification list maintained, use. Section 338.015. Patient’s freedom of choice to obtain prescription services, waiver —consultation and advice. Section 338.020. Application for license—requirements—examination—oath—penalty. Section 338.030. Applicant—requirements for qualification. Section 338.035. Application, contents—intern pharmacist—board shall promulgate rules, procedure. Section 338.040. License issued without examination, when—reciprocity—equivalency examination—fees. Section 338.043. Temporary license—eligibility—renewal. Section 338.050. Pharmacist license, issued when, period covered. 39

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Section 338.055. Denial, revocation or suspension of license, grounds for—expedited procedure— additional discipline authorized, when. Section 338.056. Generic substitutions may be made, when, form required for prescription blanks, exception—penalty. Section 338.059. Prescriptions, how labeled. Section 338.060. Renewal of license or permit—late renewal or failure to renew, effect—continuing education requirements—inactive license issued when—changed to active, procedure. Section 338.065. Disciplinary hearings—grounds for discipline. Section 338.067. Revocation and restoration of license—conditions. Section 338.070. Fees, amount, how set, collection, disposition—fund, created, use, funds transferred to general revenue, when. Section 338.080. Display of license or renewal required. Section 338.090. Sale of poisons—regulations. Section 338.095. Prescription, drug order, defined—telephone prescription, defined —prescription and medical information may be provided, when. Section 338.100. Records required to be kept—requirements. Section 338.110. Board of pharmacy, members, qualifications, terms. Section 338.120. Board of pharmacy—organization. Section 338.130. Compensation of board members, personnel. Section 338.132. Board of pharmacy, salary schedule for employees to be established. Section 338.140. Board of pharmacy, powers, duties—advisory committee, appointment, duties letters of reprimand, censure or warning. Section 338.145. Board president may administer oaths and issue subpoenas—enforcement of subpoenas. 40
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Section 338.150. Inspections by authorized representatives of board, where. Section 338.155. Immunity from civil liability, when. Section 338.170. Title of pharmacist—used by whom. Section 338.180. Prosecution of offenders. Section 338.185. Board has access to certain court records. Section 338.190. Violation of law by licensee—penalty. Section 338.195. Violation of law by person not licensed—penalty. Section 338.196. Prescription by practitioner licensed in another state, may be filled, requirement. Section 338.198. Pharmacist may fill prescription forwarded by authorized agent. Section 338.210. Pharmacy defined—practice of pharmacy to be conducted at pharmacy location— rulemaking authority. Section 338.220. Operation of pharmacy without permit or license unlawful—application for permit, classifications, fee—duration of permit. Section 338.230. Disposition of fees. Section 338.240. Evidence required for issuance of permit. Section 338.250. Equipment required—manner of operation of pharmacy—compliance with state and federal laws required. Section 338.260. Business name not to include certain words unless supervised by pharmacist. Section 338.270. Renewal applications to be made, when. Section 338.280. Board of pharmacy, rules and regulations. Section 338.285. Board may file complaint, when, where filed.
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Section 338.290. Appeals from decision of board, notice of right. Section 338.300. Permit to be posted—expiration date—not transferable. Section 338.310. Violation, a misdemeanor. Section 338.314. Inspection of pharmacy within certain facilities authorized —applicability of law. Section 338.315. Receipt of drugs from unlicensed distributor or pharmacy, unlawful —penalty. Section 338.330. Definitions. Section 338.333. License required, temporary licenses may be granted—out-of-state distributors, reciprocity allowed, when. Section 338.335. Separate licenses required, when. Section 338.337. Out-of-state distributors, licenses required, exception. Section 338.340. Sale of drugs, out-of-state distributor, license required. Section 338.343. Records to be maintained and be available for board inspection. Section 338.347. Renewal of license, application. Section 338.350. Board of pharmacy to promulgate rules and regulations—procedure. Section 338.353. Discipline of licensee, grounds—procedure—administrative hearing commission to conduct hearing. Section 338.357. Sanction imposed by board, when. Section 338.360. Inspection of premises allowed, when. Section 338.365. Injunction may be issued, when, procedure. Section 338.370. Penalties. 42

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Section 338.380. Refusal to issue a certificate, when—impaired license committee authorized, duties, procedures. Section 338.500. Gross retail prescriptions, tax imposed, definitions. Section 338.505. Formula for tax liability, rulemaking authority, appeals procedure. Section 338.510. Records to be maintained, form—report of gross receipts, information— confidentiality of information. Section 338.515. Effective date of tax. Section 338.520. Calculation of tax liability—notification to pharmacies—quarterly adjustment authorized. Section 338.530. Offset against Medicaid payments due by pharmacy permitted, when. Section 338.535. Remittance to department—pharmacy reimbursement allowance fund created. Section 338.540. Notice requirements—unpaid or delinquent taxes, procedure for collection—failure to pay taxes, effect of. Section 338.550. Expiration date of tax, when. Section 338.600. Criteria for audit--appeals process to be established report to be provided-applicability exceptions. Section 338.650. Fund established use of moneys.

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Section 338.010 Practice of pharmacy defined-auxiliary personnel--written protocol required, when-nonprescription drugs--rulemaking authority--therapeutic plan requirements.
338.010. 1. The “practice of pharmacy” means the interpretation, implementation, and evaluation of medical prescription orders, including receipt, transmission, or handling of such orders or facilitating the dispensing of such orders; the designing, initiating, implementing, and monitoring of a medication therapeutic plan as defined by the prescription order so long as the prescription order is specific to each patient for care by a pharmacist; the compounding, dispensing, labeling, and administration of drugs and devices pursuant to medical prescription orders and administration of viral influenza, pneumonia, shingles and meningitis vaccines by written protocol authorized by a physician for persons twelve years of age or older as authorized by rule or the administration of pneumonia, shingles, and meningitis vaccines by written protocol authorized by a physician for a specific patient as authorized by rule; the participation in drug selection according to state law and participation in drug utilization reviews; the proper and safe storage of drugs and devices and the maintenance of proper records thereof; consultation with patients and other health care practitioners about the safe and effective use of drugs and devices; and the offering or performing of those acts, services, operations, or transactions necessary in the conduct, operation, management and control of a pharmacy. No person shall engage in the practice of pharmacy unless he is licensed under the provisions of this chapter. This chapter shall not be construed to prohibit the use of auxiliary personnel under the direct supervision of a pharmacist from assisting the pharmacist in any of his duties. This assistance in no way is intended to relieve the pharmacist from his responsibilities for compliance with this chapter and he will be responsible for the actions of the auxiliary personnel acting in his

assistance. This chapter shall also not be construed to prohibit or interfere with any legally registered practitioner of medicine, dentistry, podiatry, or veterinary medicine, or the practice of optometry in accordance with and as provided in sections 195.070 and 336.220, RSMo, in the compounding or dispensing of his own prescriptions. 2. Any pharmacist who accepts a prescription order for a medication therapeutic plan shall have a written protocol from the physician who refers the patient for medication therapy services. The written protocol and the prescription order for a medication therapeutic plan shall come from the physician only, and shall not come from a nurse engaged in a collaborative practice arrangement under section 334.104, RSMo, or from a physician assistant engaged in a supervision agreement under section 334.735, RSMo. 3. Nothing in this section shall be construed as to prevent any person, firm or corporation from owning a pharmacy regulated by sections 338.210 to 338.315, provided that a licensed pharmacist is in charge of such pharmacy. 4. Nothing in this section shall be construed to apply to or interfere with the sale of nonprescription drugs and the ordinary household remedies and such drugs or medicines as are normally sold by those engaged in the sale of general merchandise. 5. No health carrier as defined in chapter 376, RSMo, shall require any physician with which they contract to enter into a written protocol with a pharmacist for medication therapeutic services. 6. This section shall not be construed to allow a pharmacist to diagnose or independently prescribe pharmaceuticals. 7. The state board of registration for the healing arts, under section 334.125, RSMo, and the state board of pharmacy, under section 338.140, shall jointly promulgate rules regulating the use of protocols for prescription orders for medication therapy services and administration of viral influenza vaccines. Such rules shall require protocols to include provisions allowing for timely communication between the pharmacist and

the referring physician, and any other patient protection provisions deemed appropriate by both boards. In order to take effect, such rules shall be approved by a majority vote of a quorum of each board. Neither board shall separately promulgate rules regulating the use of protocols for prescription orders for medication therapy services and administration of viral influenza vaccines. Any rule or portion of a rule, as that term is defined in section 536.010, RSMo, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536, RSMo, and, if applicable, section 536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536, RSMo, to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2007, shall be invalid and void. 8. The state board of pharmacy may grant a certificate of medication therapeutic plan authority to a licensed pharmacist who submits proof of successful completion of a boardapproved course of academic clinical study beyond a bachelor of science in pharmacy, including but not limited to clinical assessment skills, from a nationally accredited college or university, or a certification of equivalence issued by a nationally recognized professional organization and approved by the board of pharmacy. 9. Any pharmacist who has received a certificate of medication therapeutic plan authority may engage in the designing, initiating, implementing, and monitoring of a medication therapeutic plan as defined by a prescription order from a physician that is specific to each patient for care by a pharmacist. 10. Nothing in this section shall be construed to allow a pharmacist to make a therapeutic substitution of a pharmaceutical prescribed by a physician unless authorized by the written protocol or the physician’s prescription order. (RSMo 1939 § 10005, A.L. 1951 p. 737, A.L. 1989 S.B. 39, A.L. 1990 H.B. 1287, A.L. 2007 S.B. 195, A.L. 2009 S.B. 296)

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Prior revisions: 1929 § 13140; 1919 § 4712; 1909 § 5764 (2006) Definition of “practice of pharmacy” does not include retail sale of veterinary prescription drugs used for treating animals. United Pharmacal Co. v. Missouri Board of Pharmacy, 208 S.W.3d 907 (Mo.banc). applicant’s right to file a complaint with the administrative hearing commission as provided by chapter 621, RSMo. 3. If an applicant has submitted the required fee and an application for registration to the board of pharmacy, the applicant for registration as a pharmacy technician may assist a licensed pharmacist in the practice of pharmacy as defined in this chapter. The applicant shall keep a copy of the submitted application on the premises where the applicant is employed. If the board refuses to issue a certificate of registration as a pharmacy technician to an applicant, the applicant shall immediately cease assisting a licensed pharmacist in the practice of pharmacy. 4. A certificate of registration issued by the board shall be conspicuously displayed in the pharmacy or place of business where the registrant is employed. 5. Every pharmacy technician who desires to continue to be registered as provided in this section shall, within thirty days before the registration expiration date, file an application for the renewal, accompanied by the fee prescribed by the board. The registration shall lapse and become null and void thirty days after the expiration date. 6. The board shall maintain an employment disqualification list. No person whose name appears on the employment disqualification list shall work as a pharmacy technician, except as otherwise authorized by the board. The board may authorize a person whose name appears on the employment disqualification list to work or continue to work as a pharmacy technician provided the person adheres to certain terms and conditions imposed by the board. 7. The board may place on the employment disqualification list the name of a pharmacy technician who has been adjudicated and found guilty, or has entered a plea of guilty or nolo contendere, of a violation of any state, territory or federal drug law, or to any felony or has violated any provision of subsection 2 of section 338.055. 8. After an investigation and a determination has been made to place a person’s name on the employment disqualification list, the board shall notify such person in writing mailed to the person’s last known address: (1) That an allegation has been made against the person, the substance of the allegation and that an investigation has been conducted which tends to substantiate the allegation; (2) That such person’s name has been added in the employment disqualification list of the board; (3) The consequences to the person of being listed and the length of time the person’s name will be on the list; and (4) The person’s right to file a complaint with the administrative hearing commission as provided in chapter 621, RSMo. 9. The length of time a person’s name shall remain on the disqualification list shall be determined by the board. 10. No hospital or licensed pharmacy shall knowingly employ any person whose name appears on the employee disqualification list, except that a hospital or licensed pharmacy may employ a person whose name appears on the employment disqualification list but the board has authorized to work under certain terms and conditions. Any hospital or licensed pharmacy shall report to the board any final disciplinary action taken against a pharmacy technician or the voluntary resignation of a pharmacy technician against whom any complaints or reports have been made which might have led to final disciplinary action that can be a cause of action for discipline by the board as provided for in subsection 2 of section 338.055. Compliance with the foregoing sentence may be interposed as an affirmative defense by the employer. Any hospital or licensed pharmacy which reports to the board in good faith shall not be liable for civil damages. (L. 1997 S.B. 141, A.L. 2004 S.B. 1122, A.L. 2009 S.B. 296)

Section 338.013 Pharmacy technician to register with board of pharmacy, fees, application, renewal--refusal to issue, when--employee disqualification list maintained, use.
338.013. 1. Any person desiring to assist a pharmacist in the practice of pharmacy as defined in this chapter shall apply to the board of pharmacy for registration as a pharmacy technician. Such applicant shall be, at a minimum, legal working age and shall forward to the board the appropriate fee and written application on a form provided by the board. Such registration shall be the sole authorization permitted to allow persons to assist licensed pharmacists in the practice of pharmacy as defined in this chapter. 2. The board may refuse to issue a certificate of registration as a pharmacy technician to an applicant that has been adjudicated and found guilty, or has entered a plea of guilty or nolo contendere, of a violation of any state, territory or federal drug law, or to any felony or has violated any provision of subsection 2 of section 338.055. Alternately, the board may issue such person a registration, but may authorize the person to work as a pharmacy technician provided that person adheres to certain terms and conditions imposed by the board. The board shall place on the employment disqualification list the name of an applicant who the board has refused to issue a certificate of registration as a pharmacy technician, or the name of a person who the board has issued a certificate of registration as a pharmacy technician but has authorized to work under certain terms and conditions. The board shall notify the applicant of the

Section 338.015 Patient's freedom of choice to 45

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obtain prescription services, waiver --consultation and advice.
338.015 1. The provisions of sections 338.010 to 338.015 shall not be construed to inhibit the patient's freedom of choice to obtain prescription services from any licensed pharmacist. However, nothing in sections 338.010 to 338.315 abrogates the patient's ability to waive freedom of choice under any contract with regard to payment or coverage of prescription expense. 2. All pharmacists may provide pharmaceutical consultation and advice to persons concerning the safe and therapeutic use of their prescription drugs. 3. All patients shall have the right to receive a written prescription from their prescriber to take to the facility of their choice. (L. 1990 H.B. 1287) (1992) The use of the word "may" in statute permits pharmacist to provide consultation and advice to customers but does not impose duty on pharmacists to monitor customer's use of prescription drugs. Kampe v. Howard Stark Professional Pharmacy Inc., 841 S.W.2d 223 (Mo. App. W.D.).

contain a statement that it is made under oath or affirmation and that its representations are true and correct to the best knowledge and belief of the person signing same, subject to the penalties of making a false affidavit or declaration. (RSMo 1939 § 10006, A.L. 1947 V. I p. 277, A. 1949 H.B. 2075, A.L. 1981 S.B. 16, A.L. 1990 H.B. 1287) Prior revisions: 1929 § 13141; 1919 § 4713; 1909 § 5765

license has complied with the requirements of this section and with the rules and regulations of the board of pharmacy and is not denied a license on any of the grounds listed in section 338.055, the board of pharmacy may issue to him a license to practice as an intern pharmacist. 3. Any intern pharmacist who wishes to renew his license shall within thirty days before the license expiration date file an application for a renewal. 4. A licensed intern pharmacist may practice pharmacy only under the direct supervision of a pharmacist licensed by the board. 5. The board of pharmacy shall promulgate rules and regulations which shall further regulate the duties of intern pharmacists and shall set the amount of the fees which shall accompany the license and renewal applications for intern pharmacists. 6. No rule or portion of a rule promulgated under the authority of this chapter shall become effective unless it has been promulgated pursuant to the provisions of section 536.024, RSMo. (L. 1990 H.B. 1287, A.L. 1993 S.B. 52, A.L. 1995 S.B. 3, A.L. 2007 S.B. 272)

Section 338.030 Applicant--requirements for qualification.
338.030 An applicant for examination shall be twenty-one years of age and in addition shall furnish satisfactory evidence of his good moral character and have had one year practical experience under the supervision of a licensed pharmacist within a licensed pharmacy, or other location approved by the board, and shall be a graduate of a school or college of pharmacy whose requirements for graduation are satisfactory to and approved by the board of pharmacy. (RSMo 1939 § 10014, A. 1949 H.B. 2075, A.L. 1951 p. 737, A.L. 1981 S.B. 16, A.L. 1990 H.B. 1287, A.L. 2001 H.B. 567) Prior revisions: 1929 § 13142; 1919 § 4714; 1909 § 5766

Section 338.020 Application for license-requirements--examination-oath--penalty.
338.020 Every person who shall hereafter desire to be licensed as a pharmacist shall file with the board of pharmacy an application setting forth his name and age, the place, or places, at which and the time spent in the study of the science and art of pharmacy, and the practical experience which the applicant has had under the direction of a legally licensed pharmacist, and shall appear at a time and place designated by the board of pharmacy and submit to an examination as to his qualifications for registration as a licensed pharmacist. Each application shall

Section 338.040 License issued without examination, when--reciprocity-equivalency examination--fees.
338.040 1. The board of pharmacy shall issue licenses to practice pharmacy in the state without examination to persons who have been legally registered or licensed as pharmacists in other states. Any applicant for a license under this section shall present satisfactory evidence of qualifications equal to those required from licensees in this state, that he was registered or licensed by examination in another state, and that the standard of competence required in the other state is not lower than that required in this state; but no license shall be issued until the

Section 338.035 Application, contents--intern pharmacist--board shall promulgate rules, procedure.
338.035 1. Every person who desires to be licensed as an intern pharmacist shall file with the board of pharmacy an application, on a form to be provided by the board of pharmacy. 2. If an applicant for an intern pharmacist

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board is satisfied that the other state accords similar recognition to the licensees of this state. Applicants for license under this section shall, with their application, forward a fee for the license as is determined by the board of pharmacy. 2. The board may by rule and regulation require any applicant under subsection 1 of this section to successfully complete any equivalency examination, practical examination, or any examination on Missouri laws pursuant to any rule or regulation as promulgated by the board. 3. Any individual who is registered or licensed in a foreign country may be licensed under the provisions of sections 338.010 to 338.315 upon presentation of satisfactory evidence of qualifications equal to those required of licensees in this state. 4. The board may require any applicant under subsection 3 of this section to successfully complete any equivalency examination, practical examination or any examination on Missouri laws pursuant to any rule and regulation as promulgated by the board. (RSMo 1939 § 10008, A.L. 1961 p. 501, A.L. 1969 S.B. 390, A.L. 1981 S.B. 16, A.L. 1990 H.B. 1287) Prior revisions: 1929 § 13144; 1919 § 4716; 1909 § 5768 (1974) Held that standards to be met by applicant for a reciprocal license are the standards that were in effect in this state at the time he was admitted in the state from which he is applying. Missouri State Board of Pharmacy v. Kennedy (A.), 511 S.W.2d 913. 2. The license shall be renewable at the discretion of and with the approval of the board of pharmacy. A temporary license fee shall accompany the original application for a temporary license and a similar amount shall be paid in the event the temporary license is renewed. (L. 1990 H.B. 1287, A.L. 1997 S.B. 141, A.L. 2001 H.B. 567) 2. The board may cause a complaint to be filed with the administrative hearing commission as provided by chapter 621, RSMo, against any holder of any certificate of registration or authority, permit or license required by this chapter or any person who has failed to renew or has surrendered his or her certificate of registration or authority, permit or license for any one or any combination of the following causes: (1) Use of any controlled substance, as defined in chapter 195, RSMo, or alcoholic beverage to an extent that such use impairs a person's ability to perform the work of any profession licensed or regulated by this chapter; (2) The person has been finally adjudicated and found guilty, or entered a plea of guilty or nolo contendere, in a criminal prosecution under the laws of any state or of the United States, for any offense reasonably related to the qualifications, functions or duties of any profession licensed or regulated under this chapter, for any offense an essential element of which is fraud, dishonesty or an act of violence, or for any offense involving moral turpitude, whether or not sentence is imposed; (3) Use of fraud, deception, misrepresentation or bribery in securing any certificate of registration or authority, permit or license issued pursuant to this chapter or in obtaining permission to take any examination given or required pursuant to this chapter; (4) Obtaining or attempting to obtain any fee, charge, tuition or other compensation by fraud, deception or misrepresentation; (5) Incompetence, misconduct, gross negligence, fraud, misrepresentation or dishonesty in the performance of the functions or duties of any profession licensed or regulated by this chapter; (6) Violation of, or assisting or enabling any person to violate, any provision of this chapter, or of any lawful rule or regulation adopted pursuant to this chapter; (7) Impersonation of any person holding a certificate of registration or authority, permit

Section 338.050 Pharmacist license, issued when, period covered.
338.050 If the applicant for license as a pharmacist has complied with all the requirements of sections 338.010 and 338.020, the board of pharmacy shall enroll his name upon the register of pharmacists and issue to him a license which shall entitle him to practice as a pharmacist for a period ending with the expiration date of the license. (RSMo 1939 § 10007, A. 1949 H.B. 2075, A.L. 1961 p. 501, A.L. 1971 S.B. 145, A.L. 1981 S.B. 16) Prior revisions: 1929 § 13143; 1919 § 4715; 1909 § 5767

Section 338.055 Denial, revocation or suspension of license, grounds for-expedited procedure--additional discipline authorized, when.
338.055 1. The board may refuse to issue any certificate of registration or authority, permit or license required pursuant to this chapter for one or any combination of causes stated in subsection 2 of this section. The board shall notify the applicant in writing of the reasons for the refusal and shall advise the applicant of his or her right to file a complaint with the administrative hearing commission as provided by chapter 621, RSMo.

Section 338.043 Temporary license--eligibility-renewal.
338.043 1. Notwithstanding any provision of law to the contrary, the board of pharmacy may grant a temporary license to an applicant who meets such requirements as the board may prescribe by rule and regulation.

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or license or allowing any person to use his or her certificate of registration or authority, permit, license, or diploma from any school; (8) Denial of licensure to an applicant or disciplinary action against an applicant or the holder of a license or other right to practice any profession regulated by this chapter granted by another state, territory, federal agency, or country whether or not voluntarily agreed to by the licensee or applicant, including, but not limited to, surrender of the license upon grounds for which denial or discipline is authorized in this state; (9) A person is finally adjudged incapacitated by a court of competent jurisdiction; (10) Assisting or enabling any person to practice or offer to practice any profession licensed or regulated by this chapter who is not registered and currently eligible to practice under this chapter; (11) Issuance of a certificate of registration or authority, permit or license based upon a material mistake of fact; (12) Failure to display a valid certificate or license if so required by this chapter or any rule promulgated hereunder; (13) Violation of any professional trust or confidence; (14) Use of any advertisement or solicitation which is false, misleading or deceptive to the general public or persons to whom the advertisement or solicitation is primarily directed; (15) Violation of the drug laws or rules and regulations of this state, any other state or the federal government; (16) The intentional act of substituting or otherwise changing the content, formula or brand of any drug prescribed by written or oral prescription without prior written or oral approval from the prescriber for the respective change in each prescription; provided, however, that nothing contained herein shall prohibit a pharmacist from substituting or changing the brand of any drug as provided under section 338.056, and any such substituting or changing of the brand of any drug as provided for in section 338.056 shall not be deemed unprofessional or dishonorable conduct unless a violation of section 338.056 occurs; (17) Personal use or consumption of any controlled substance unless it is prescribed, dispensed, or administered by a health care provider who is authorized by law to do so. 3. After the filing of such complaint, the proceedings shall be conducted in accordance with the provisions of chapter 621, RSMo. Upon a finding by the administrative hearing commission that the grounds, provided in subsection 2, for disciplinary action are met, the board may, singly or in combination, censure or place the person named in the complaint on probation on such terms and conditions as the board deems appropriate for a period not to exceed five years, or may suspend, for a period not to exceed three years, or revoke the license, certificate, or permit. The board may impose additional discipline on a licensee, registrant, or permittee found to have violated any disciplinary terms previously imposed under this section or by agreement. The additional discipline may include, singly or in combination, censure, placing the licensee, registrant, or permittee named in the complaint on additional probation on such terms and conditions as the board deems appropriate, which additional probation shall not exceed five years, or suspension for a period not to exceed three years, or revocation of the license, certificate, or permit. 4. If the board concludes that a licensee or registrant has committed an act or is engaging in a course of conduct which would be grounds for disciplinary action which constitutes a clear and present danger to the public health and safety, the board may file a complaint before the administrative hearing commission requesting an expedited hearing and specifying the activities which give rise to the danger and the nature of the proposed restriction or suspension of the licensee's or registrant's license. Within fifteen days after service of the complaint on the licensee or registrant, the administrative hearing commission shall conduct a preliminary hearing to determine whether the alleged activities of the licensee or registrant appear to constitute a clear and present danger to the public health and safety which justify that the licensee's or registrant's license or registration be immediately restricted or suspended. The burden of proving that the actions of a licensee or registrant constitute a clear and present danger to the public health and safety shall be upon the state board of pharmacy. The administrative hearing commission shall issue its decision immediately after the hearing and shall either grant to the board the authority to suspend or restrict the license or dismiss the action. 5. If the administrative hearing commission grants temporary authority to the board to restrict or suspend the licensee's or registrant's license, such temporary authority of the board shall become final authority if there is no request by the licensee or registrant for a full hearing within thirty days of the preliminary hearing. The administrative hearing commission shall, if requested by the licensee or registrant named in the complaint, set a date to hold a full hearing under the provisions of chapter 621, RSMo, regarding the activities alleged in the initial complaint filed by the board. 6. If the administrative hearing commission dismisses the action filed by the board pursuant to subsection 4 of this section, such dismissal shall not bar the board from initiating a subsequent action on the same grounds. (L. 1971 S.B. 145, A.L. 1978 H.B. 933, A.L. 1981 S.B. 16, A.L. 1986 H.B. 999, A.L. 1998 H.B. 1601, et al., A.L. 2001 H.B. 567, A.L. 2004 S.B. 1122)

Section 338.056 Generic substitutions may be made, when, form required for prescription blanks, exception--penalty.
338.056 1. Except as provided in subsection 2 of this section*, the pharmacist filling prescription orders for drug products prescribed by trade or brand name may select another drug product with the same active chemical ingredients of the same strength, quantity and dosage form, and of the same generic drug type, as determined by the United States Adopted Names and accepted by the Federal Food and Drug Administration. Selection

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pursuant to this section is within the discretion of the pharmacist, except as provided in subsection 2 of this section*. The pharmacist who selects the drug product to be dispensed pursuant to this section shall assume the same responsibility for selecting the dispensed drug product as would be incurred in filling a prescription for a drug product prescribed by generic name. The pharmacist shall not select a drug product pursuant to this section unless the product selected costs the patient less than the prescribed product. 2. A pharmacist who receives a prescription for a brand name drug may, unless requested otherwise by the purchaser, select a less expensive generically equivalent product under the following circumstances: (1) If a written prescription is involved, the prescription form used shall have two signature lines at opposite ends at the bottom of the form. Under the line at the right side shall be clearly printed the words: "Dispense as Written". Under the line at the left side shall be clearly printed the words "Substitution Permitted". The prescriber shall communicate the instructions to the pharmacist by signing the appropriate line. No prescription shall be valid without the signature of the prescriber on one of these lines; (2) If an oral prescription is involved, the practitioner or the practitioner's agent, communicating the instructions to the pharmacist, shall instruct the pharmacist as to whether or not a therapeutically equivalent generic drug may be substituted. The pharmacist shall note the instructions on the file copy of the prescription. 3. All prescriptions written in the state of Missouri by practitioners authorized to write prescriptions shall be on forms which comply with subsection 2 hereof. 4. Notwithstanding the provisions of subsection 2 of this section to the contrary, a pharmacist may fill a prescription for a brand name drug by substituting a generically equivalent drug when generic substitution is allowed in accordance with the laws of the state where the prescribing practitioner is located. 5. Violations of this section are infractions. (L. 1978 H.B. 933, A.L. 1996 H.B. 1237) *Words "of this section" do not appear in original rolls.

Section 338.060 Renewal of license or permit-late renewal or failure to renew, effect--continuing education requirements--inactive license issued when--changed to active, procedure.
338.060 1. Every licensed pharmacist or permit holder who desires to continue in the practice of this profession shall, within thirty days before the license expiration date, file an application for the renewal, which application shall be accompanied by the fee prescribed in sections 338.010 to 338.198. 2. If any pharmacist fails, after the expiration of the pharmacist's license, to make application to the board for its renewal, the pharmacist's name shall be removed from the register of licensed pharmacists, and such person, in order to again become registered as a licensed pharmacist, shall be required to pay all delinquent fees. Any pharmacist who fails to renew the pharmacist's license within two years of its expiration and then desires to be preregistered shall be treated in the same manner as a person who has never been licensed. Any registered pharmacist whose certificate of registration has expired while the pharmacist has been engaged in active duty with the United States Army, United States Navy, United States Air Force, the Marine Corps, Coast Guard, or any other branch of the armed services or the state militia called into the service or training of the United States of America, or in training or education under the supervision of the United States preliminary to induction into the military services may have the pharmacist's certificate of registration renewed without paying any lapse, renewal or registration fee or without passing any examination, if within one year after the termination of such service, training or education, other than by dishonorable discharge, the pharmacist furnishes the board with an affidavit to the effect that the pharmacist has been so engaged and that the pharmacist's service, training or education

Section 338.059 Prescriptions, how labeled.
338.059 1. It shall be the duty of a licensed pharmacist or a physician to affix or have affixed by someone under the pharmacist's or physician's supervision a label to each and every container provided to a consumer in which is placed any prescription drug upon which is typed or written the following information: (1) The date the prescription is filled; (2) The sequential number; (3) The patient's name; (4) The prescriber's directions for usage; (5) The prescriber's name; (6) The name and address of the pharmacy; (7) The exact name and dosage of the drug dispensed; (8) There may be one line under the information provided in subdivisions (1) to (7) of this subsection stating "Refill" with a blank line or squares following or the words "No Refill"; (9) When a generic substitution is dispensed, the name of the manufacturer or an abbreviation thereof shall appear on the label or in the pharmacist's records as required in section 338.100. 2. The label of any drug which is sold at wholesale in this state and which requires a prescription to be dispensed at retail shall contain the name of the manufacturer, expiration date, if applicable, batch or lot number and national drug code. (L. 1971 S.B. 145, A.L. 1973 S.B. 42, A.L. 1978 H.B. 933, A.L. 1997 S.B. 141)

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has terminated. 3. Except as provided in subsection 5 of this section, when applying for a renewal of the license as required by the provisions of this section, each licensed pharmacist shall submit proof of the completion of at least fifteen hours of board-approved continuing education courses during each twelve-month period immediately preceding the date of the application for renewal of the license. The board shall prescribe the form to be completed. No license shall be renewed unless the holder thereof has complied with the provisions of this subsection. 4. The proof of completion of such continuing education shall be in such form as the board may require. The approved courses shall include those offered by correspondence, but the board shall approve all courses of instruction which may be used to satisfy the education requirements of subsection 3 of this section. 5. Each licensed pharmacist may, instead of submitting proof of the completion of the required continuing education courses, apply for an inactive license at the time the pharmacist makes application for the renewal of the pharmacist's license and pay the required renewal fee. An inactive license shall then be issued, and may be renewed biennially. While the inactive license is in effect the pharmacist shall not practice pharmacy. The inactive license may be changed to a regular license without other examination whenever the pharmacist submits proof of the completion of continuing education courses for the total amount of such courses not completed since the pharmacist was last licensed on an active basis. (RSMo 1939 § 10009, A.L. 1943 p. 521, A.L. 1947 V. I p. 277, A. 1949 H.B. 2075, A.L. 1951 p. 737, A.L. 1981 S.B. 16, A.L. 1984 S.B. 478, A.L. 1997 S.B. 141, A.L. 1999 H.B. 343) Prior revisions: 1929 § 13145; 1919 § 4717; 1909 § 5769

grounds for discipline.
338.065 1. At such time as the final trial proceedings are concluded whereby a licensee or registrant, or any person who has failed to renew or has surrendered his or her certificate of registration or authority, permit, or license, has been adjudicated and found guilty, or has entered a plea of guilty or nolo contendere, in a felony prosecution pursuant to the laws of the state of Missouri, the laws of any other state, territory, or the laws of the United States of America for any offense reasonably related to the qualifications, functions or duties of a licensee, permittee, or registrant pursuant to this chapter or any felony offense, an essential element of which is fraud, dishonesty or an act of violence, or for any felony offense involving moral turpitude, whether or not sentence is imposed, the board of pharmacy may hold a disciplinary hearing to singly or in combination censure or place the licensee, permittee, or registrant named in the complaint on probation on such terms and conditions as the board deems appropriate for a period not to exceed five years, or may suspend, for a period not to exceed three years, or revoke the license, certificate, registration or permit. 2. Anyone who has been revoked or denied a license, permit or certificate to practice in another state may automatically be denied a license or permit to practice in this state. However, the board of pharmacy may establish other qualifications by which a person may ultimately be qualified and licensed to practice in Missouri. (L. 1990 H.B. 1287, A.L. 1997 S.B. 141, A.L. 1999 H.B. 343, A.L. 2004 S.B. 1122)

period. 2. Before restoring to good standing a license, certificate or permit issued under sections 338.010 to 338.315 which has been in a revoked, suspended or inactive state for any cause for more than two years, the board may require the applicant to attend such continuing pharmaceutical education courses and pass such examinations as the board may direct. (L. 1990 H.B. 1287)

Section 338.070 Fees, amount, how set, collection, disposition--fund, created, use, funds transferred to general revenue, when.
338.070 1. The board of pharmacy shall set the amount of the fees which this chapter authorizes and requires by rules and regulations promulgated pursuant to chapter 536, RSMo. The fees shall be set at a level to produce revenue which shall not substantially exceed the cost and expense of administering this chapter. All fees shall be paid before an applicant may be admitted to examination or his or her name placed upon the register of pharmacists, or before any license or permit, or any renewal thereof, is issued by the board. 2. All fees payable pursuant to the provisions of this chapter shall be collected by the division of professional registration and transmitted to the department of revenue for deposit in the state treasury to the credit of the fund to be known as the "Board of Pharmacy Fund". 3. The provisions of section 33.080, RSMo, to the contrary notwithstanding, money in this 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 two times the amount of the appropriation from the board's funds for the preceding fiscal year or, if the board requires by rule permit renewal less frequently than yearly, then three times the appropriation

Section 338.067 Revocation and restoration of license--conditions.
338.067 1. In any order of revocation, the board may provide that the person may not apply for reinstatement of his license for a period of time ranging from two to seven years following the date of the order of revocation. All stay orders shall toll this time

Section 338.065 Disciplinary hearings--

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from the board's funds for the preceding fiscal year. The amount, if any, in the fund which shall lapse is that amount in the fund which exceeds the appropriate multiple of the appropriations from the board's funds for the preceding fiscal year. (RSMo 1939 § 10015, A.L. 1947 V. I p. 277, A.L. 1953 p. 613, A.L. 1961 p. 501, A.L. 1969 S.B. 390, A.L. 1981 S.B. 16, A.L. 1985 S.B. 99, A.L. 1997 S.B. 141) Prior revisions: 1929 § 13151; 1919 § 4723; 1909 § 5775 vomica, henbane, savin, ergot, cotton root, cantharides, creosote, veratrum, digitalis, and their pharmaceutical preparations, croton oil, chloroform, chloral hydrate, sulphate of zinc, corrosive sublimate, red precipitate, white precipitate, mineral acids, carbolic acid, oxalic acid, without labeling the box, vessel or paper in which the said poison is contained, and also the outside wrapper or cover with the name of the article, the word "poison" and the name and place of business of the seller. 2. Nor shall it be lawful for any person to sell or deliver any poisons enumerated in schedules "A" and "B" unless, upon due inquiry, it is found that the purchaser is aware of its poisonous character and represents that it is to be used for legitimate purposes. Nor shall it be lawful for any registered pharmacists to sell any poisons included in schedule "A" without, before delivering the same to the purchaser, causing an entry to be made in a book kept for that purpose, stating the date of sale, name and address of purchaser, the name of the poison sold, the purpose for which it was represented by the purchaser to be required and the name of the dispenser, such book to be always open for inspection by the proper authorities, and to be preserved for at least five years. 3. The provisions of this section shall not apply to the dispensing of poison in not unusual quantities or doses upon the prescription of practitioners of medicine. (RSMo 1939 § 10018, A. 1949 H.B. 2075) Prior revisions: 1929 § 13152; 1919 § 4724; 1909 § 5776 CROSS REFERENCE: Pesticides registration, RSMo 281.210 to 281.310 338.095 1. The terms "prescription" and "prescription drug order" are hereby defined as a lawful order for medications or devices issued and signed by an authorized prescriber within the scope of his professional practice which is to be dispensed or administered by a pharmacist or dispensed or administered pursuant to section 334.104, RSMo, to and for the ultimate user. The terms "prescription" and "drug order" do not include an order for medication requiring a prescription to be dispensed, which is provided for the immediate administration to the ultimate user or recipient. 2. The term "telephone prescription" is defined as an order for medications or devices transmitted to a pharmacist by telephone or similar electronic medium by an authorized prescriber or his authorized agent acting in the course of his professional practice which is to be dispensed or administered by a pharmacist or dispensed or administered pursuant to section 334.104, RSMo, to and for the ultimate user. A telephone prescription shall be promptly reduced to written or electronic medium by the pharmacist and shall comply with all laws governing prescriptions and record keeping. 3. A licensed pharmacist may lawfully provide prescription or medical information to a licensed health care provider or his agent who is legally qualified to administer medications and treatments and who is involved in the treatment of the patient. The information may be derived by direct contact with the prescriber or through a written protocol approved by the prescriber. Such information shall authorize the provider to administer appropriate medications and treatments. 4. Nothing in this section shall be construed to limit the authority of other licensed health care providers to prescribe, administer, or dispense medications and treatments within the scope of their professional practice. 5. It shall be an unauthorized practice of pharmacy and hence unlawful for any person other than the patient or the patient's authorized representative to accept a prescription presented to be dispensed unless that person is located on a premises licensed by the board as a pharmacy.

Section 338.080 Display of license or renewal required.
338.080 Every license to practice as a pharmacist, and every permit issued to any person under the provisions of this chapter to establish a pharmacy, and every renewal of such license or permit, shall be conspicuously exposed in the pharmacy or place of business of which the pharmacist or other person to whom it is issued is the owner or manager or in which he is employed. (RSMo 1939 § 10009, A.L. 1943 p. 521, A.L. 1947 V. I p. 277, A. 1949 H.B. 2075, A.L. 1990 H.B. 1287) Prior revisions: 1929 § 13145; 1919 § 4717; 1909 § 5769

Section 338.090 Sale of poisons--regulations.
338.090 1. It shall be unlawful for any person to retail any poisons enumerated in schedules "A" and "B", except as follows: Schedule "A"--arsenic and its preparations, biniodide of mercury, cyanide of potassium, hydrocyanic acid, strychnia, and all other poisonous vegetable alkaloids and their salts, and the essential oil of bitter almonds. Schedule "B"--opium and its preparations, except paregoric and other preparations of opium containing less than two grains to the ounce, aconite, bella donna, colchicum, conium, nux

Section 338.095 Prescription, drug order, defined--telephone prescription, defined--prescription and medical information may be provided, when.
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(L. 1993 H.B. 564, A.L. 2007 S.B. 195) performed pursuant to this subsection shall be consistent with the provisions of section 197.100, RSMo. (RSMo 1939 § 10019, A.L. 1971 S.B. 145, A.L. 1990 H.B. 1287, A.L. 1997 S.B. 141, A.L. 1999 H.B. 343) Prior revisions: 1929 § 13153; 1919 § 4725; 1909 § 5777 viding of the professional services regulated by this chapter, or an activity or organization directly related to any profession licensed or regulated pursuant to this chapter. All members, including public members, shall be chosen from lists submitted by the director of the division of professional registration. The duties of the public member shall not include the determination of the technical requirements to be met for licensure or whether any person meets such technical requirements or of the technical competence or technical judgment of a licensee or a candidate for licensure. (RSMo 1939 § 10010, A. 1949 H.B. 2075, A.L. 1981 S.B. 16, A.L. 1999 H.B. 343) Prior revisions: 1929 § 13146; 1919 § 4718; 1909 § 5770 CROSS REFERENCE: Public member, additional duties, RSMo 620.132

Section 338.100 Records required to be kept-requirements.
338.100 1. Every permit holder of a licensed pharmacy shall cause to be kept in a uniform fashion consistent with this section a suitable file in which shall be preserved, for a period of not less than five years, the original or order of each drug which has been compounded or dispensed at such pharmacy, according to and in compliance with standards provided by the board, and shall produce the same in court or before any grand jury whenever lawfully required. A licensed pharmacy may maintain its prescription file on readable microfilm for records maintained over three years. After September, 1999, a licensed pharmacy may preserve prescription files on microfilm or by electronic media storage for records maintained over three years. The pharmacist in charge shall be responsible for complying with the permit holder's recordkeeping system in compliance with this section. Records maintained by a pharmacy that contain medical or drug information on patients or their care shall be considered as confidential and shall only be released according to standards provided by the board. Upon request, the pharmacist in charge of such pharmacy shall furnish to the prescribe, and may furnish to the person for whom such prescription was compounded or dispensed, a true and correct copy of the original prescription. The file of original prescriptions and other confidential records, as defined by law, shall at all times be open for inspection by board of pharmacy representatives. 2. An institutional pharmacy located in a hospital shall be responsible for maintaining records of the transactions of the pharmacy as required by federal and state laws and as necessary to maintain adequate control and accountability of all drugs. This shall include a system of controls and records for the requisitioning and dispensing of pharmaceutical supplies where applicable to patients, nursing care units and to other departments or services of the institution. Inspection

Section 338.110 Board of pharmacy, members, qualifications, terms.
338.110 1. The board of pharmacy shall consist of seven persons not connected with any school of pharmacy. Six members shall be licensed as pharmacists and actively engaged in the practice of pharmacy within this state, and at least one of these shall be a person who provides, on a full-time basis, pharmaceutical services to a hospital, skilled nursing facility or an intermediate care facility. The other member shall be a voting public member. All members shall be appointed by the governor, with the approval of the senate, and shall hold their office for five years from the date of their appointment and until their successors shall have been appointed and qualified. 2. Annually the Missouri Pharmaceutical Association may submit to the director of the division of professional registration the names of five persons licensed as pharmacists within this state, and from this number, or from others, the governor, with the approval of the senate, shall appoint one member to fill the vacancy annually occurring in the board of pharmacy, and vacancies occurring from any other cause shall be filled in like manner. This subsection shall not apply to public member vacancies. 3. The public member shall be at the time of his or her appointment a citizen of the United States; a resident of this state for a period of one year and a registered voter; a person who is not and never was a member of any profession licensed or regulated pursuant to this chapter or the spouse of such person; and a person who does not have and never has had a material, financial interest in either the pro-

Section 338.120 Board of pharmacy--organization.
338.120 Annually the board of pharmacy shall organize by the election of a president and vice president who shall hold their offices for one year and until their successors shall have been elected and qualified. (RSMo 1939 § 10011, A.L. 1981 S.B. 16, A.L. 1997 S.B. 141) Prior revisions: 1929 § 13147; 1919 § 4719; 1909 § 5771

Section 338.130 Compensation of board members, personnel.
338.130 1. Each member of the board shall receive as compensation an amount set by the board not to exceed fifty dollars for each day devoted to the affairs of the board, and shall

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be entitled to reimbursement of the member's expenses necessarily incurred in the discharge of the member's official duties. 2. The board may employ such board personnel, as defined in subdivision (4) of subsection 10 of section 324.001, RSMo, as it deems necessary to carry out the provisions of this chapter. The compensation and expenses of such personnel and all expenses incurred by the board in carrying into execution the provisions of this chapter shall be paid out of the board of pharmacy fund upon a warrant on the state treasurer. (RSMo 1939 § 10017, A. 1949 H.B. 2075, A.L. 1961 p. 503, A.L. 1969 S.B. 390, A.L. 1981 S.B. 16, A.L. 1997 S.B. 141, A.L. 2008 S.B. 788) Prior revisions: 1929 § 13149; 1919 § 4721; 1909 § 5773

appointment, duties--letters of reprimand, censure or warning.
338.140 1. The board of pharmacy shall have a common seal, and shall have power to adopt such rules and bylaws not inconsistent with law as may be necessary for the regulation of its proceedings and for the discharge of the duties imposed pursuant to sections 338.010 to 338.198, and shall have power to employ an attorney to conduct prosecutions or to assist in the conduct of prosecutions pursuant to sections 338.010 to 338.198. 2. The board shall keep a record of its proceedings. 3. The board of pharmacy shall make annually to the governor and, upon written request, to persons licensed pursuant to the provisions of this chapter a written report of its proceedings. 4. The board of pharmacy shall appoint an advisory committee composed of five members, one of whom shall be a representative of pharmacy but who shall not be a member of the pharmacy board, three of whom shall be representatives of wholesale drug distributors as defined in section 338.330, and one of whom shall be a representative of drug manufacturers. The committee shall review and make recommendations to the board on the merit of all rules and regulations dealing with pharmacy distributors, wholesale drug distributors and drug manufacturers which are proposed by the board. 5. A majority of the board shall constitute a quorum for the transaction of business. 6. Notwithstanding any other provisions of law to the contrary, the board may issue letters of reprimand, censure or warning to any holder of a license or registration required pursuant to this chapter for any violations that could result in disciplinary action as defined in section 338.055. (RSMo 1939 § 10012, A.L. 1981 S.B. 16, A.L. 1989 S.B. 39, A.L. 1997 S.B. 141) Prior revisions: 1929 § 13148; 1919 § 4720; 1909 § 5772

Section 338.145 Board president may administer oaths and issue subpoenas-enforcement of subpoenas.
338.145 1. The president of the board may, upon majority vote of the board, administer oaths, issue subpoenas duces tecum, and require production of documents and records from any person or entity not licensed by the board when such documents and records are not otherwise available to the board pursuant to the board's inspection authority granted in sections 338.100 and 338.150. Subpoenas duces tecum shall be served by a person authorized to serve subpoenas of courts of record. In lieu of requiring attendance of a person to produce original documents in response to a subpoena duces tecum, the board may require sworn copies of such documents to be filed with it or delivered to its designated representative. 2. The board may enforce its subpoenas duces tecum by applying to the circuit court of Cole County, the county of the investigation, hearing or proceeding, or any county where the records reside or may be found for an order upon any person who shall fail to obey a subpoena duces tecum to show cause why such subpoena duces tecum should not be enforced, which such order and a copy of the application therefor shall be served upon the person in the same manner as a summons in a civil action. If the circuit court shall, after a hearing, determine that the subpoena duces tecum should be sustained and enforced, such court shall proceed to enforce the subpoena duces tecum in the same manner as though the subpoena had been issued in a civil case in the circuit court. (L. 2004 S.B. 1122)

Section 338.132 Board of pharmacy, salary schedule for employees to be established.
338.132 Any provision of the law to the contrary notwithstanding, the board of pharmacy shall prepare and maintain an equitable salary schedule for professional staff that are employees of the board. The positions and classification plan for personnel attributed to the inspection of licensed entities within this chapter shall allow for a comparison of such positions with similar positions in adjoining states. Board of pharmacy professional positions shall not be compensated at more than ninety percent parity for corresponding positions within adjoining states for pharmacists employed in those positions. (L. 2005 S.B. 177 § 1)

Section 338.140 Board of pharmacy, powers, duties--advisory committee,

Section 338.150 Inspections by authorized representatives of board, where. 53

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338.150 Any person authorized by the board of pharmacy is hereby given the right of entry and inspection upon all open premises purporting or appearing to be drug or chemical stores, apothecary shops, pharmacies or places of business for exposing for sale, or the dispensing or selling of drugs, pharmaceuticals, medicines, chemicals or poisons or for the compounding of physicians' prescriptions. (RSMo 1939 § 10016, A.L. 1951 p. 737, A.L. 1961 p. 503, A.L. 1980 H.B. 1266, A.L. 1981 S.B. 16) the drug laws of this state, provided the prescription is otherwise prepared and dispensed in a lawful manner. (L. 2004 S.B. 1122)

Section 338.185 Board has access to certain court records.
338.185 After August 28, 1990, notwithstanding any other provisions of law, the board of pharmacy shall have access to records involving an applicant for a license or permit or renewal of a license or permit as provided within this chapter, where the applicant has been adjudicated and found guilty or entered a plea of guilty or nolo contendere in a prosecution under the laws of any state or of the United States for any offense reasonably related to the qualifications, functions, or duties of any profession licensed or regulated under this chapter, for any offense an essential element of which is fraud, dishonesty or an act of violence or for any offense involving moral turpitude, whether or not sentence is imposed. (L. 1990 H.B. 1287)

Section 338.170 Title of pharmacist--used by whom.
338.170 It shall be unlawful for any person not legally licensed as a pharmacist to take, use or exhibit the title of pharmacist, or licensed or registered pharmacist, or the title druggist or apothecary, or any other title or description of like import. (RSMo 1939 § 10020, A.L. 1951 p. 737) Prior revisions: 1929 § 13154; 1919 § 4726; 1909 § 5778 (1968) Punitive damages were proper in case where it was alleged that defendant who was not registered pharmacist filled prescription without supervision of person who was registered pharmacist. Duensing v. Huscher (Mo.), 431 S.W.2d 169.

Section 338.155 Immunity from civil liability, when.
338.155 1. Any person who in good faith and without malice reports, provides information, or cooperates in any manner with the board, or assists the board in any manner including, but not limited to, any applicant or licensee, whether or not the applicant or licensee is the subject of an investigation, record custodians, consultants, attorneys, board members, agents, employees, staff or expert witnesses, in the course of any investigation, hearing or other proceeding conducted by or before the board pursuant to the provisions of this chapter shall not be subject to an action for civil damages as a result of providing such information and cooperating with the board. 2. No physician or other authorized prescriber who, in good faith, cooperates with the board by writing a prescription or drug order at the request of the board pursuant to a routine inspection or a lawful investigation shall, by virtue of that cooperation, be in violation of this chapter or any drug laws of this state and shall be acting as an agent of the state and, as such, shall have sovereign immunity for those actions. 3. No licensee, registrant, permit holder, or other individual or entity subject to the board's jurisdiction who, in good faith, fills a prescription presented by the board as part of an inspection or investigation shall, by virtue of that act, be in violation of this chapter or

Section 338.190 Violation of law by licensee-penalty.
338.190 Any person who is licensed under this chapter who violates any provision of sections 338.010 to 338.190 shall, upon conviction, be adjudged guilty of a class A misdemeanor. (RSMo 1939 § 10022, A.L. 1951 p. 737, A.L. 1981 S.B. 16, A.L. 1990 H.B. 1287) Prior revisions: 1929 § 13156; 1919 § 4728; 1909 § 5780

Section 338.180 Prosecution of offenders.
338.180 Upon receiving information that any provision of sections 338.010 to 338.190 has been or is being violated, the secretary of the board of pharmacy shall investigate the matter, and upon probable cause appearing, shall, under the direction of the board, file a complaint and prosecute the offender therefor. It shall be the duty of the prosecuting attorney, upon the request of the secretary, to take charge of and conduct such prosecutions. (RSMo 1939 § 10013, A. 1949 H.B. 2075) Prior revisions: 1929 § 13150; 1919 § 4722; 1909 § 5774

Section 338.195 Violation of law by person not licensed--penalty.
338.195 Any person, who is not licensed under this chapter, who violates any provi-

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sion of sections 338.010 to 338.315 shall, upon conviction, be adjudged guilty of a class C felony. (L. 1990 H.B. 1287)

pharmacy to be conducted at pharmacy location--rulemaking authority.
338.210 1. Pharmacy refers to any location where the practice of pharmacy occurs or such activities are offered or provided by a pharmacist or another acting under the supervision and authority of a pharmacist, including every premises or other place: (1) Where the practice of pharmacy is offered or conducted; (2) Where drugs, chemicals, medicines, prescriptions, or poisons are compounded, prepared, dispensed or sold or offered for sale at retail; (3) Where the words "pharmacist", "apothecary", "drugstore", "drugs", and any other symbols, words or phrases of similar meaning or understanding are used in any form to advertise retail products or services; (4) Where patient records or other information is maintained for the purpose of engaging or offering to engage in the practice of pharmacy or to comply with any relevant laws regulating the acquisition, possession, handling, transfer, sale or destruction of drugs, chemicals, medicines, prescriptions or poisons. 2. All activity or conduct involving the practice of pharmacy as it relates to an identifiable prescription or drug order shall occur at the pharmacy location where such identifiable prescription or drug order is first presented by the patient or the patient's authorized agent for preparation or dispensing, unless otherwise expressly authorized by the board. 3. The requirements set forth in subsection 2 of this section shall not be construed to bar the complete transfer of an identifiable prescription or drug order pursuant to a verbal request by or the written consent of the patient or the patient's authorized agent. 4. The board is hereby authorized to enact rules waiving the requirements of subsection 2 of this section and establishing such terms and conditions as it deems necessary, whereby any activities related to the preparation,

dispensing or recording of an identifiable prescription or drug order may be shared between separately licensed facilities. 5. If a violation of this chapter or other relevant law occurs in connection with or adjunct to the preparation or dispensing of a prescription or drug order, any permit holder or pharmacist-in-charge at any facility participating in the preparation, dispensing, or distribution of a prescription or drug order may be deemed liable for such violation. 6. Nothing in this section shall be construed to supersede the provisions of section 197.100, RSMo. (L. 1951 p. 734 § 1(a), A.L. 2001 H.B. 567)

Section 338.196 Prescription by practitioner licensed in another state, may be filled, requirement.
338.196 Notwithstanding the provisions of section 338.056 to the contrary, a pharmacist may fill a prescription written by a practitioner licensed in a state other than Missouri according to the practitioner's direction as to generic substitution. (L. 1991 H.B. 444 § 5)

Section 338.220 Operation of pharmacy without permit or license unlawful--application for permit, classifications, fee--duration of permit.
338.220. 1. It shall be unlawful for any person, copartnership, association, corporation or any other business entity to open, establish, operate, or maintain any pharmacy as defined by statute without first obtaining a permit or license to do so from the Missouri board of pharmacy. A permit shall not be required for an individual licensed pharmacist to perform nondispensing activities outside of a pharmacy, as provided by the rules of the board. A permit shall not be required for an individual licensed pharmacist to administer drugs, vaccines, and biologicals by protocol, as permitted by law, outside of a pharmacy. The following classes of pharmacy permits or licenses are hereby established: (1) Class A: Community/ambulatory; (2) Class B: Hospital outpatient pharmacy; (3) Class C: Long-term care; (4) Class D: Nonsterile compounding;

Section 338.198 Pharmacist may fill prescription forwarded by authorized agent.
338.198 Other provisions of law to the contrary notwithstanding, a pharmacist may fill a physician's prescription or the prescription of an advanced practice nurse working under a collaborative practice arrangement with a physician, when it is forwarded to the pharmacist by a registered professional nurse or registered physician's assistant or other authorized agent. The written collaborative practice arrangement shall specifically state that the registered professional nurse or registered physician assistant is permitted to authorize a pharmacist to fill a prescription on behalf of the physician. (L. 1993 H.B. 564)

Section 338.210 Pharmacy defined--practice of

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(5) Class E: Radio pharmaceutical; (6) Class F: Renal dialysis; (7) Class G: Medical gas; (8) Class H: Sterile product compounding; (9) Class I: Consultant services; (10) Class J: Shared service; (11) Class K: Internet; (12) Class L: Veterinary. 2. Application for such permit or license shall be made upon a form furnished to the applicant; shall contain a statement that it is made under oath or affirmation and that its representations are true and correct to the best knowledge and belief of the person signing same, subject to the penalties of making a false affidavit or declaration; and shall be accompanied by a permit or license fee. The permit or license issued shall be renewable upon payment of a renewal fee. Separate applications shall be made and separate permits or licenses required for each pharmacy opened, established, operated, or maintained by the same owner. 3. All permits, licenses or renewal fees collected pursuant to the provisions of sections 338.210 to 338.370 shall be deposited in the state treasury to the credit of the Missouri board of pharmacy fund, to be used by the Missouri board of pharmacy in the enforcement of the provisions of sections 338.210 to 338.370, when appropriated for that purpose by the general assembly. 4. Class L: veterinary permit shall not be construed to prohibit or interfere with any legally registered practitioner of veterinary medicine in the compounding or dispensing of their own prescriptions. 5. Notwithstanding any other law to the contrary, the provisions of this section shall not apply to the sale, dispensing, or filling of a pharmaceutical product or drug used for treating animals. (L. 1951 p. 734 § 1, A.L. 1969 S.B. 390, A.L. 1981 S.B. 16, A.L. 1989 S.B. 39, A.L. 1997 S.B. 141, A.L. 1999 H.B. 343, A.L. 2001 H.B. 567, A.L. 2004 S.B. 1122, A.L. 2007 H.B. 780 merged with S.B. 272, A.L. 2009 S.B. 296) the event any such prescriptions are compounded or sold; (5) That said pharmacy is operated in compliance with the rules and regulations legally prescribed with respect thereto by the Missouri board of pharmacy, a permit or renewal thereof shall be issued to such persons as the said board of pharmacy shall deem qualified to conduct such pharmacy. (L. 1951 p. 734 § 2)

Section 338.230 Disposition of fees.
338.230 All fees collected under the provisions of sections 338.210 to 338.370 shall be deposited in the state treasury to the credit of the Missouri board of pharmacy fund, to be used by the Missouri board of pharmacy in the enforcement of the provisions of sections 338.210 to 338.370, when appropriated for that purpose by the general assembly. (L. 1951 p. 734 § 3, A.L. 1989 S.B. 39)

Section 338.250 Equipment required--manner of operation of pharmacy-compliance with state and federal laws required.
338.250 No pharmacy shall be licensed under the provisions of this chapter unless it is equipped with proper pharmaceutical equipment and reference manuals, so that the practice of pharmacy may be accurately and properly performed. The board shall prescribe the minimum of technical equipment which the pharmacy shall at all times possess. Such requirements may vary, depending upon the population served, but shall be consistently and uniformly enforced. No permit shall be issued or renewed for the operation of a pharmacy unless the pharmacy shall be operated in a manner and according to the rules and regulations prescribed by law and by the Missouri board of pharmacy with respect to obtaining and maintaining such a permit. Any pharmacy that receives or possesses drugs or devices shall be held responsible for compliance with all laws within this chapter as well as state and federal drug laws on all drugs received or possessed, including but not limited to drugs and devices received or possessed pursuant to a consignment arrangement. (L. 1951 p. 734 § 6, A.L. 1990 H.B. 1287, A.L. 1998 S.B. 940)

Section 338.240 Evidence required for issuance of permit.
338.240 Upon evidence satisfactory to the said Missouri board of pharmacy: (1) That the pharmacy for which a permit, or renewal thereof, is sought, will be conducted in full compliance with sections 338.210 to 338.300, with existing laws, and with the rules and regulations as established hereunder by said board; (2) That the equipment and facilities of such pharmacy are such that it can be operated in a manner not to endanger the public health or safety; (3) That such pharmacy is equipped with proper pharmaceutical and sanitary appliances and kept in a clean, sanitary and orderly manner; (4) That the management of said pharmacy is under the supervision of either a registered pharmacist, or an owner or employee of the owner, who has at his place of business a registered pharmacist employed for the purpose of compounding physician's prescriptions in

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Business name not to include certain words unless supervised by pharmacist.
338.260. 1. No person shall carry on, conduct or transact a business under a name which contains as part of the name the words “pharmacist”, “pharmacy”, “apothecary”, “apothecary shop”, “chemist shop”, “drug store”, “druggist”, “drugs”, “consultant pharmacist”, or any word of similar or like import, unless the place of business is supervised by a licensed pharmacist. 2. Nothing in this chapter shall be construed to prevent any person from using a historical name in reference to any building, structure, or business so long as the person is not engaged in the practice of pharmacy as defined in section 338.010. 3. Notwithstanding the provisions of subsection 2 of this section, the board of pharmacy shall retain authority to enforce the provisions of subsection 1 of this section against any person offering for sale any naturopathic or homeopathic service or any herbal, nutritional, vitamin, dietary, mineral, or other supplement intended for human application, absorption, or consumption. (L. 1951 p. 737 § 338.170, A.L. 1990 H.B. 1287, A.L. 2009 S.B. 394)

Board of pharmacy, rules and regulations.
338.280 The Missouri board of pharmacy may make such rules and regulations, not inconsistent with law, as may be necessary to carry out the purposes and enforce the provisions of sections 338.210 to 338.300. (L. 1951 p. 734 § 4, A.L. 1971 S.B. 145, A.L. 1981 S.B. 16) (1987) Board of Pharmacy has no jurisdiction to regulate pharmacies in hospitals. Missouri Hospital Association v. Department of Consumer Affairs, Regulation and Licensing. 731 S.W.2d 262 (Mo.App.). (1987) This section does not give the Board of Pharmacy the authority or jurisdiction to promulgate rules and regulations regarding in-hospital dispensing of drugs. Missouri Hospital Association v. Missouri Department of Consumer Affairs, Regulation and Licensing. 731 S.W.2d 262 (Mo.App.).

board, notice of right.
338.290 Any person denied a permit to establish or operate a pharmacy, or renewal of such permit, may appeal the decision of the board of pharmacy in the manner provided by law, and shall be notified of this right at the time of denial. (L. 1951 p. 734 § 5, A.L. 1981 S.B. 16)

Section 338.300 Permit to be posted--expiration date--not transferable.
338.300 The permit, or renewal thereof, issued under the provisions of sections 338.210 to 338.300, and under which a pharmacy is being operated, shall be posted and exposed in a conspicuous place in such pharmacy; such permit or renewal of permit shall not be transferable. (L. 1951 p. 734 § 3, A.L. 1981 S.B. 16)

Section 338.285 Board may file complaint, when, where filed.
338.285 The board is hereby authorized and empowered, when examination or inspection of a pharmacy shall disclose to the board that the pharmacy is not being operated or conducted according to such legal rules and regulations and the laws of Missouri with respect thereto, to cause a complaint to be filed before the administrative hearing commission pursuant to chapter 621, RSMo, charging the holder of a permit to operate a pharmacy with conduct constituting grounds for discipline in accordance with section 338.055. (L. 1971 S.B. 145, A.L. 2001 H.B. 567)

Section 338.310 Violation, a misdemeanor.
Every person who violates any provision of sections 338.210 to 338.300 shall, upon conviction thereof, be adjudged guilty of a class C misdemeanor. (L. 1951 p. 734 § 7, A.L. 1981 S.B. 16)

Section 338.270 Renewal applications to be made, when.
338.270 Application blanks for renewal permits shall be mailed to each permittee on or before the first day of the month in which the permit expires and, if application for renewal of permit is not made before the first day of the following month, the existing permit, or renewal thereof, shall lapse and become null and void upon the last day of that month. (L. 1951 p. 734 § 3, A.L. 1981 S.B. 16)

Section 338.314 Inspection of pharmacy within certain facilities authorized --applicability of law.
338.314 Nothing in sections 338.010 to 338.315 shall authorize the board of pharmacy to conduct an inspection of a long-term care facility licensed under the provisions of

Section 338.290 Appeals from decision of
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Section 338.280

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chapter 198, RSMo, by the Missouri division of aging or its successors, except that the board of pharmacy may inspect any licensed pharmacy located within a long-term care facility. However, the provisions of sections 338.010 to 338.315 shall apply to all individuals licensed as a pharmacist and practicing pharmacy as defined in section 338.010. (L. 1990 H.B. 1287) gaged in the delivery or distribution of legend drugs from any location and who is involved in the actual, constructive or attempted transfer of a drug or drug-related device in this state, other than to the ultimate consumer. This shall include, but not be limited to, drug wholesalers, repackagers and manufacturers which are engaged in the delivery or distribution of drugs in this state, with facilities located in this state or in any other state or jurisdiction. A wholesale drug distributor shall not include any common carrier or individual hired solely to transport legend drugs. Any locations where drugs are delivered on a consignment basis, as defined by the board, shall be exempt from licensure as a drug distributor, and those standards of practice required of a drug distributor but shall be open for inspection by board of pharmacy representatives as provided for in section 338.360. (L. 1989 S.B. 39, A.L. 1993 S.B. 27, A.L. 1998 S.B. 940) 2. An agent or employee of any licensed or registered wholesale drug distributor or pharmacy distributor need not seek licensure under this section and may lawfully possess pharmaceutical drugs, if he is acting in the usual course of his business or employment. 3. The board may permit out-of-state wholesale drug distributors or out-of-state pharmacy distributors to be licensed as required by sections 338.210 to 338.370 on the basis of reciprocity to the extent that an out-of-state wholesale drug distributor or out-of-state pharmacy distributor both: (1) Possesses a valid license granted by another state pursuant to legal standards comparable to those which must be met by a wholesale drug distributor or pharmacy distributor of this state as prerequisites for obtaining a license under the laws of this state; and (2) Distributes into Missouri from a state which would extend reciprocal treatment under its own laws to a wholesale drug distributor or pharmacy distributor of this state. (L. 1989 S.B. 39 § 338.340)

Section 338.315 Receipt of drugs from unlicensed distributor or pharmacy, unlawful --penalty.
338.315 It shall be unlawful for any pharmacist, pharmacy owner or person employed by a pharmacy to knowingly purchase or receive any legend drugs from other than a licensed or registered drug distributor or licensed pharmacy. Any person who violates the provisions of this section shall, upon conviction, be adjudged guilty of a class A misdemeanor. Any subsequent conviction shall constitute a class D felony. (L. 1989 S.B. 39)

Section 338.333 License required, temporary licenses may be granted--outof-state distributors, reciprocity allowed, when.
338.333 1. No person or distribution outlet shall act as a wholesale drug distributor or pharmacy distributor without first obtaining license to do so from the Missouri board of pharmacy and paying the required fee. The board may grant temporary licenses when the wholesale drug distributor or pharmacy distributor first applies for a license to operate within the state. Temporary licenses shall remain valid until such time as the board shall find that the applicant meets or fails to meet the requirements for regular licensure. No license shall be issued or renewed for a wholesale drug distributor or pharmacy distributor to operate unless the same shall be operated in a manner prescribed by law and according to the rules and regulations promulgated by the board of pharmacy with respect thereto. Separate licenses shall be required for each distribution site owned or operated by a wholesale drug distributor or pharmacy distributor.

Section 338.335 Separate licenses required, when.
338.335 Separate licenses shall be required for each distribution site owned or operated by a wholesale drug distributor or pharmacy distributor unless drugs are delivered only on a consignment basis as defined by the board. (L. 1998 S.B. 940)

Section 338.330 Definitions.
338.330 As used in sections 338.300 to 338.370, the following terms mean: (1) "Out-of-state wholesale drug distributor", a wholesale drug distributor with no physical facilities located in the state; (2) "Pharmacy distributor", any licensed pharmacy, as defined in section 338.210, engaged in the delivery or distribution of legend drugs to any other licensed pharmacy where such delivery or distribution constitutes at least five percent of the total gross sales of such pharmacy; (3) "Wholesale drug distributor", anyone en-

Section 338.337 Out-of-state distributors, licenses required, exception.
338.337. It shall be unlawful for any out-ofstate wholesale drug distributor or out-of-

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state pharmacy acting as a distributor to do business in this state without first obtaining a license to do so from the board of pharmacy and paying the required fee. Application for an out-of-state wholesale drug distributor’s license under this section shall be made on a form furnished by the board. The issuance of a license under sections 338.330 to 338.370 shall not change or affect tax liability imposed by the Missouri department of revenue on any out-of-state wholesale drug distributor or out-of-state pharmacy. Any out-of-state wholesale drug distributor that is a drug manufacturer and which produces and distributes from a facility which has been inspected and approved by the Food and Drug Administration, maintains current approval by the federal Food and Drug Administration, and has provided a copy of the most recent Food and Drug Administration Establishment Inspection Report to the board, and which is licensed by the state in which the distribution facility is located, or, if located within a foreign jurisdiction, is authorized and in good standing to operate as a drug manufacturer within such jurisdiction, need not be licensed as provided in this section but such out-ofstate distributor shall register its business name and address with the board of pharmacy and pay a filing fee in an amount established by the board. (L. 1989 S.B. 39 § 338.350, A.L. 2009 H.B. 191 merged with S.B. 296) requirements must be met for compliance. As used in this section, rules of the federal government shall not include guidelines or policies that may be enacted by federal agencies. No rule or portion of a rule promulgated under the authority of this chapter shall become effective unless it has been promulgated pursuant to the provisions of section 536.024, RSMo. (L. 1989 S.B. 39 § 338.390, A.L. 1993 S.B. 27 merged with S.B. 52, A.L. 1995 S.B. 3)

Records to be maintained and be available for board inspection.
338.343 Any licensee licensed under the provisions of sections 338.330 to 338.340 must maintain required records to guarantee security, storage and accountability. These records shall be available for inspection by the board. (L. 1989 S.B. 39 § 338.370, A.L. 1993 S.B. 27)

Section 338.353 Discipline of licensee, grounds-procedure--administrative hearing commission to conduct hearing.
338.353 1. The board of pharmacy is hereby authorized and empowered, when complaints, examinations or inspection of a wholesale drug distributor or pharmacy distributor disclose to the board that a wholesale drug distributorship or pharmacy distributorship is not being operated or conducted according to such legal rules and regulations and the laws of Missouri or any other state or the federal government with respect thereto, to cause a complaint to be filed before the administrative hearing commission pursuant to chapter 621, RSMo, charging the holder of a license to operate a drug distributorship or pharmacy wholesale operation constituting grounds for discipline in accordance with section 338.055. 2. If the board concludes that a wholesale drug distributor or pharmacy distributor has committed an act or is engaging in a course of conduct which constitutes a clear and present danger to the public health and safety in Missouri, the board may file a complaint before the administrative hearing commission requesting an expedited hearing and specifying the activities which give rise to the danger and the nature of the proposed restriction or suspension of the wholesale drug distributor's or pharmacy distributor's license. Within fifteen days after service of

Section 338.347 Renewal of license, application.
338.347 Application blanks for renewal of license shall be mailed to each licensee on or before the first day of the month in which the license expires and, if application for renewal of license with required fee is not made before the first day of the following month, the existing license, or renewal thereof, shall lapse and become null and void upon the last day of that month. (L. 1989 S.B. 39 § 338.380)

Section 338.340 Sale of drugs, out-of-state distributor, license required.
338.340 No person acting as principal or agent for any out-of-state wholesale drug distributor or out-of-state pharmacy distributor shall sell or distribute drugs in this state unless the wholesale drug distributor or pharmacy distributor has obtained a license pursuant to the provisions of sections 338.330 to 338.370. (L. 1989 S.B. 39 § 338.360)

Section 338.350 Board of pharmacy to promulgate rules and regulations-procedure.
338.350 The Missouri board of pharmacy may make such rules and regulations, not inconsistent with law, as may be necessary to carry out the purposes and enforce the provisions of sections 338.330 to 338.370. Such rules and regulations shall not be contrary to or more restrictive than any laws or rules pertaining to practices which are regulated by the federal Food and Drug Administration or the federal Drug Enforcement Administration when the laws or rules specifically state what

Section 338.343

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the complaint on a wholesale drug distributor or pharmacy distributor, the administrative hearing commission shall conduct a preliminary hearing to determine whether the alleged activities of the wholesale drug distributor or pharmacy distributor appear to constitute a clear and present danger to the public health and safety which justify that the wholesale drug distributor's or pharmacy distributor's license be immediately restricted or suspended. The burden of proving that a wholesale drug distributor or pharmacy distributor is a clear and present danger to the public health and safety shall be upon the state board of pharmacy. The administrative hearing commission shall issue its decision immediately after the hearing and shall either grant to the board the authority to suspend or restrict the license or dismiss the action. 3. If the administrative hearing commission grants temporary authority to the board to restrict or suspend the wholesale drug distributor's or pharmacy distributor's license, such temporary authority of the board shall become final authority if there is no request by the wholesale drug distributor or pharmacy distributor for a full hearing within thirty days of the preliminary hearing. The administrative hearing commission shall, if requested by the wholesale drug distributor or pharmacy distributor named in the complaint, set a date to hold a full hearing under the provisions of chapter 621, RSMo, regarding the activities alleged in the initial complaint filed by the board. 4. If the administrative hearing commission dismisses the action filed by the board pursuant to subsection 2 of this section, such dismissal shall not bar the board from initiating a subsequent action on the same grounds. (L. 1989 S.B. 39 § 338.395, A.L. 2001 H.B. 567) chapter shall be determined by the board upon a finding in favor of the board following the hearing held pursuant to section 338.353. (L. 1989 S.B. 39 § 338.400) formed or offered to be performed without a certificate of registration or authority, permit or license; or (2) Engaging in any practice or business authorized by a certificate of registration or authority, permit or license issued pursuant to this chapter upon a showing that the holder presents a probability of serious danger to the health, safety or welfare of any resident of the state or client or patient. 2. Any such actions shall be commenced either in the county in which such conduct occurred or in the county in which defendant resides. 3. Any action brought pursuant to this section shall be in addition and not in lieu of any penalty provided by law and may be brought concurrently with other actions to enforce this chapter. (L. 1989 S.B. 39 § 338.415, A.L. 1997 S.B. 141)

Section 338.360 Inspection of premises allowed, when.
338.360 Any person authorized by the board of pharmacy is hereby given the right of entry for inspection during normal business hours upon all open premises purporting or appearing to be used by a wholesale drug distributor or pharmacy distributor in Missouri. Any wholesale drug distributor who provides adequate documentation of the most recent inspection less than two years old by the Food and Drug Administration or other comparable state agency as determined by the board with a satisfactory rating shall be exempt from further inspection by the board of pharmacy. Such an exemption shall not bar the board of pharmacy from initiating an investigation pursuant to a public or governmental complaint received by the board of pharmacy regarding a wholesale drug distributor not licensed by the Food and Drug Administration. (L. 1989 S.B. 39 § 338.410, A.L. 1993 S.B. 27)

Section 338.370 Penalties.
338.370 Every person who violates any provision of sections 338.333, 338.337, and 338.340 shall, upon conviction thereof, be adjudged guilty of a class C felony.

(L. 1989 S.B. 39 § 338.420)

Section 338.365 Injunction may be issued, when, procedure.
338.365 1. Upon proper application by the board of pharmacy, a court of competent jurisdiction may grant an injunction, restraining order or other order as may be appropriate to enjoin a person from: (1) Offering to engage or engaging in the performance of any acts or practices for which a certificate of registration or authority, permit or license is required by this chapter upon a showing that such acts or practices were per-

Section 338.380 Refusal to issue a certificate, when--impaired license committee authorized, duties, procedures.
338.380 1. As used in this section the term
"committee" means the well-being committee established under subsection 3 of this section. 2. The board may refuse to issue any cer-

Section 338.357 Sanction imposed by board, when.
338.357 Any probation, restriction, suspension or revocation imposed on a licensee by the board of pharmacy for violations of this

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tificate of registration or authority, permit or license required under this chapter for one or any combination of causes stated in subsection 2 of section 338.055, or the board may, as a condition to issuing or renewing any such certificate of registration or authority, permit or license, require a person to submit himself or herself for identification, intervention, treatment, or rehabilitation by the well-being committee as provided in this section. The board shall notify the applicant in writing of the reasons for the refusal and shall advise the applicant of his or her right to file a complaint with the administrative hearing commission as provided by chapter 621, RSMo. 3. The board may establish an impaired licensee committee, to be designated as the "Well-being Committee", to promote the early identification, intervention, treatment, and rehabilitation of licensees identified within this chapter, who may be impaired by reasons of illness, substance abuse, or as a result of any physical or mental condition. The board may enter into a contractual agreement for the purpose of creating, supporting and maintaining such a committee. The board may promulgate rules subject to the provisions of this section to effectuate and implement any committee formed under this section. The board may expend appropriated funds necessary to provide for operational expenses of the committee formed under this section. Any member of the committee, as well as any administrator, staff member, consultant, agent or employee of the committee, acting within the scope of his or her duties and without actual malice and all other persons who furnish information to the committee in good faith and without actual malice, shall not be liable for any claim of damages as a result of any statement, decision, opinion, investigation or action taken by the committee or by any individual member of the committee. 4. All information, interviews, reports, statements, memoranda or other documents furnished to or produced by the committee, as well as communications to or from the committee, any findings, conclusions, interventions, treatment, rehabilitation, or other proceedings of the committee which in any way pertain to a licensee who may be, or who actually is, impaired shall be absolutely privileged and confidential. 5. All records and proceedings of the committee which pertain or refer to a licensee who may be, or who actually is, impaired shall be privileged and confidential and shall be used by the committee and its members only in the exercise of the proper function of the committee and shall not be considered public records under chapter 610, RSMo, and shall only be subject to discovery or introduction as evidence in any civil, criminal, or administrative proceedings except as provided in subsection 6 of this section. 6. The committee may disclose information relative to an impaired licensee only when: (1) It is essential to disclose the information to further the intervention, treatment, or rehabilitation needs of the impaired licensee and only to those persons or organization with a need to know; (2) Its release is authorized in writing by the impaired licensee; (3) The committee is required to make a report to the board; or (4) The information is subject to a court order. 7. In lieu of the pursuing discipline against a licensee for violating one or more causes stated in subsection 2 of section 338.055, the board may enter into a diversion agreement with a licensee to refer the licensee to the committee under such terms and conditions as are agreed to by the board and licensee. The board shall enter into no more than two diversion agreements with any individual licensee. If the licensee violates a term or condition of a diversion agreement entered into under this section, the board may elect to pursue discipline against the licensee under chapter 621, RSMo, for the original conduct that resulted in the diversion agreement, or for any subsequent violation of subsection 2 of section 338.055. While the licensee participates in the committee, the time limitations of section 620.154, RSMo, shall toll under subsection 7 of section 620.154, RSMo. All records pertaining to diversion agreements are confidential and may only be released under subdivision (7) of subsection 14 of section 620.010, RSMo. 8. The committee shall report to the board the name of any licensee who fails to enter treatment within forty-eight hours following the provider's determination that the pharmacist needs treatment or any failure by a licensee to comply with the terms of a diversion agreement during inpatient or outpatient treatment or aftercare or report a licensee who resumes the practice of pharmacy before the treatment provider has made a clear determination that the pharmacist is capable of practicing according to acceptable and prevailing standards. 9. The board may disclose information and records to the committee to assist the committee in the identification, intervention, treatment, and rehabilitation of any licensee who may be impaired by reason of illness, substance abuse, or as the result of any physical or mental condition. The committee shall keep all information and records provided by the board confidential to the extent the board is required to treat the information and records as closed to the public under chapter 620, RSMo. 10. Any rule or portion of a rule, as that term is defined in section 536.010, RSMo, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536, RSMo, and, if applicable, section 536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536, RSMo, to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2007, shall be invalid and void. (L. 2007 S.B. 195)

Section 338.500 Gross retail prescriptions, tax imposed, definitions.
338.500 1. In addition to all other fees and

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taxes required or paid, a tax is hereby imposed upon licensed retail pharmacies for the privilege of providing outpatient prescription drugs in this state. The tax is imposed upon the Missouri gross retail prescription receipts earned from filling outpatient retail prescriptions. 2. For purposes of sections 338.500 to 338.550: (1) "Gross retail prescription receipts" shall mean all amounts received by a licensed pharmacy for its own account from the sale of outpatient prescription drugs in the state of Missouri but shall not include those sales shipped out of the state of Missouri and shall include the receipts from cost sharing, dispensing fees, and retail prescription drug sales; (2) "Licensed pharmacy" shall have the same meaning as such term is defined in section 338.210; (3) "Retail" means a sale for use or consumption and not for resale. (L. 2002 S.B. 1248) Effective 6-19-02 Expires 6-30-09 RSMo, to review, to delay the effective date or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2002, shall be invalid and void. 2. The director of the department of social services or the director's designee may prescribe the form and contents of any forms or other documents required by sections 338.500 to 338.550. 3. Notwithstanding any other provision of law to the contrary, appeals regarding the promulgation of rules pursuant to this section shall be made to the circuit court of Cole County. The circuit court of Cole County shall hear the matter as the court of original jurisdiction. (L. 2002 S.B. 1248) Effective 6-19-02 Expires 6-30-09 of revenue shall be confidential and any employee of the department of social services who unlawfully discloses any such information for any other purpose, except as authorized by law, shall be subject to the penalties specified in section 32.057, RSMo. (L. 2002 S.B. 1248) Effective 6-19-02 Expires 6-30-09

Section 338.515 Effective date of tax.
338.515 The tax imposed by sections 338.500 to 338.550 shall become effective July 1, 2003, or the effective date of sections 338.500 to 338.550, whichever is later. (L. 2002 S.B. 1248, A.L. 2003 H.B. 286)

Effective 6-26-03

Section 338.510 Records to be maintained, form--report of gross receipts, information--confidentiality of information.
338.510 1. Each licensed retail pharmacy shall keep such records as may be necessary to determine gross retail prescription receipts. 2. The director of revenue may prescribe the form and contents of any forms or other documents required by this section. 3. Each licensed retail pharmacy shall report the gross retail prescription receipts to the department of revenue. 4. The department of revenue shall provide the department of social services with the information that is necessary to implement the provisions of sections 338.500 to 338.550. 5. The information obtained by the department of social services from the department

Expires 6-30-09

Section 338.520 Calculation of tax liability-notification to pharmacies-quarterly adjustment authorized.
338.520 1. The determination of the amount of tax due shall be the monthly gross retail prescription receipts reported to the department of revenue multiplied by the tax rate established by rule by the department of social services. Such tax rate may be a graduated rate based on gross retail prescription receipts and shall not exceed a rate of six percent per annum of gross retail prescription receipts; provided, that such rate shall not exceed onetenth of one percent per annum in the case of licensed pharmacies of which eighty percent or more of such gross receipts are attribut-

Section 338.505 Formula for tax liability, rulemaking authority, appeals procedure.
338.505 1. Each licensed retail pharmacy's tax shall be based on a formula set forth in rules promulgated by the department of social services. Any rule or portion of a rule, as that term is defined in section 536.010, RSMo, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536, RSMo, and, if applicable, section 536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536,

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able to prescription drugs that are delivered directly to the patient via common carrier, by mail, or a courier service. 2. The department of social services shall notify each licensed retail pharmacy of the amount of tax due. Such amount may be paid in increments over the balance of the assessment period. 3. The department of social services may adjust the tax rate quarterly on a prospective basis. The department of social services may adjust more frequently for individual providers if there is a substantial and statistically significant change in their pharmacy sales characteristics. The department of social services may define such adjustment criteria by rule. (L. 2002 S.B. 1248, A.L. 2003 H.B. 286 merged with H.B. 600) Effective 6-26-03 (H.B. 286) 7-01-03 (H.B. 600) Expires 6-30-09

Section 338.535 Remittance to department-pharmacy reimbursement allowance fund created.
338.535. 1. The pharmacy tax owed or, if an offset has been made, the balance after such offset, if any, shall be remitted by the pharmacy or the pharmacy’s designee to the department of social services. The remittance shall be made payable to the director of the department of revenue and shall be deposited in the state treasury to the credit of the “Pharmacy Reimbursement Allowance Fund” which is hereby created to provide payments for services related to the Medicaid pharmacy program. All investment earnings of the fund shall be credited to the fund. 2. An offset authorized by section 338.530 or a payment to the pharmacy reimbursement allowance fund shall be accepted as payment of the obligation set forth in section 338.500. 3. The state treasurer shall maintain records showing the amount of money in the pharmacy reimbursement allowance fund at any time and the amount of investment earnings on such amount. 4. Notwithstanding the provisions of section 33.080, RSMo, to the contrary, any unexpended balance in the pharmacy reimbursement allowance fund at the end of the biennium shall not revert to the credit of the general revenue fund. (L. 2002 S.B. 1248, A.L. 2009 H.B. 395 merged with H.B. 740) Effective 6-26-09 (H.B. 740) 7-10-09 (H.B. 395) Expires 9-30-11

for collection--failure to pay taxes, effect of.
338.540 1. The department of social services shall notify each pharmacy with a tax due of more than ninety days of the amount of such balance. If any pharmacy fails to pay its pharmacy tax within thirty days of such notice, the pharmacy tax shall be delinquent. 2. If any tax imposed pursuant to sections 338.500 to 338.550 is unpaid and delinquent, the department of social services may proceed to enforce the state's lien against the property of the pharmacy and compel the payment of such assessment in the circuit court having jurisdiction in the county where the pharmacy is located. In addition, the department of social services may cancel or refuse to issue, extend, or reinstate a Medicaid provider agreement to any pharmacy that fails to pay the tax imposed by section 338.500. 3. Failure to pay the tax imposed by section 338.500 shall be grounds for denial, suspension, or revocation of a license granted pursuant to this chapter. The department of social services may request the board of pharmacy to deny, suspend, or revoke the license of any pharmacy that fails to pay such tax. (L. 2002 S.B. 1248) Effective 6-19-02 Expires 6-30-09

Section 338.530 Offset against Medicaid payments due by pharmacy permitted, when.
338.530 The director of the department of
social services may offset the tax owed by a pharmacy against any Missouri Medicaid payment due such pharmacy, if the pharmacy requests such an offset. The amounts to be offset shall result, so far as practicable, in withholding from the pharmacy an amount substantially equal to the assessment due from the pharmacy. The office of administration and the state treasurer may make any fund transfers necessary to execute the offset. (L. 2002 S.B. 1248) Effective 6-19-02 Expires 6-30-09

Section 338.550 Expiration date of tax, when.
338.550. 1. The pharmacy tax required by sections 338.500 to 338.550 shall expire ninety days after any one or more of the following conditions are met: (1) The aggregate dispensing fee as appropriated by the general assembly paid to pharmacists per prescription is less than the fiscal year 2003 dispensing fees reimbursement amount; or (2) The formula used to calculate the reim-

Section 338.540 Notice requirements--unpaid or delinquent taxes, procedure
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bursement as appropriated by the general assembly for products dispensed by pharmacies is changed resulting in lower reimbursement to the pharmacist in the aggregate than provided in fiscal year 2003; or (3) September 30, 2011. The director of the department of social services shall notify the revisor of statutes of the expiration date as provided in this subsection. The provisions of sections 338.500 to 338.550 shall not apply to pharmacies domiciled or headquartered outside this state which are engaged in prescription drug sales that are delivered directly to patients within this state via common carrier, mail or a carrier service. 2. Sections 338.500 to 338.550 shall expire on September 30, 2011. (L. 2002 S.B. 1248, A.L. 2003 H.B. 286 merged with H.B. 600, A.L. 2005 S.B. 189, A.L. 2006 S.B. 822, A.L. 2007 S.B. 4, A.L. 2009 H.B. 395 merged with H.B. 740) Effective 6-26-09 (H.B. 740) 7-10-09 (H.B. 395) Expires 9-30-11 (2) Any audit which involves clinical judgment shall be conducted by or in consultation with a licensed pharmacist; (3) Any clerical error, record-keeping error, typographical error, or scrivener's error regarding a required document or record shall not constitute fraud or grounds for recoupment, so long as the prescription was otherwise legally dispensed and the claim was otherwise materially correct; except that, such claims may be otherwise subject to recoupment of overpayments or payment of any discovered underpayment. No claim arising under this subdivision shall be subject to criminal penalties without proof of intent to commit fraud; (4) A pharmacy may use the records of a hospital, physician, or other authorized practitioner of the healing arts involving drugs or medicinal supplies written or transmitted by any means of communication for purposes of validating the pharmacy record with respect to orders or refills of a legend or narcotic drug. Electronically stored images of prescriptions, electronically created annotations and other related supporting documentation shall be considered valid prescription records. Hard copy and electronic signature logs that indicate the delivery of pharmacy services shall be considered valid proof of receipt of such services by a program enrollee; (5) A finding of an overpayment or underpayment may be a projection based on the number of patients served and having a similar diagnosis or on the number of similar orders or refills for similar drugs; except that, recoupment of claims shall be based on the actual overpayment or underpayment unless the projection for overpayment or underpayment is part of a settlement as agreed to by the pharmacy; (6) Each pharmacy shall be audited under the same standards and parameters as other pharmacies audited by the entity; (7) A pharmacy shall be allowed at least thirty days following receipt of the preliminary audit report in which to produce documentation to address any discrepancy found during an audit; (8) The period covered by the audit shall not exceed a two-year period beginning two years prior to the initial date of the on-site portion of the audit unless otherwise provided by contractual agreement or if there has been a previous finding of fraud or as otherwise provided by state or federal law; (9) An audit shall not be initiated or scheduled during the first three business days of any month due to the high volume of prescriptions filled during such time unless otherwise consented to by the pharmacy; (10) The preliminary audit report shall be delivered to the pharmacy within one hundred twenty days after conclusion of the audit, with reasonable extensions permitted. A final audit report shall be delivered to the pharmacy within six months of receipt by the pharmacy of the preliminary audit report or final appeal, as provided for in subsection 3 of this section, whichever is later; (11) Notwithstanding any other provision in this subsection, the entity conducting the audit shall not use the accounting practice of extrapolation in calculating recoupments or penalties for audits, except as otherwise authorized under subdivision (5) of this subsection. 2. Recoupments of any disputed moneys shall only occur after final internal disposition of the audit, including the appeals process set forth in subsection 3 of this section. Should the identified discrepancy for an individual audit exceed twenty-five thousand dollars, future payments to the pharmacy in excess of twenty-five thousand dollars may be withheld pending finalization of the audit. 3. Each entity conducting an audit shall establish an appeals process, lasting no longer than six months, under which a licensed pharmacy may appeal an unfavorable preliminary audit report to the entity. If, following such appeal, the entity finds that an unfavorable audit report or any portion thereof is unsubstantiated, the entity shall dismiss the audit report or such portion without the necessity of any further proceedings. 4. Each entity conducting an audit shall provide a copy of the final audit report, after

Section 338.600 Criteria for audit--appeals process to be established--report to be provided--applicability exceptions.
338.600 1. Notwithstanding any other provision of law to the contrary, when an audit of the records of a pharmacy licensed in this state is conducted by a managed care company, insurance company, third-party payor, or any entity that represents such companies or groups, such audit shall be conducted in accordance with the following: (1) The entity conducting the initial on-site audit shall provide the pharmacy with notice at least one week prior to conducting the initial on-site audit for each audit cycle;

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completion of any appeal process, to the plan sponsor. 5. This section shall not apply to any investigative audit that involves probable fraud, willful misrepresentation, or abuse. 6. This section shall not apply to any audit conducted as part of any inspection or investigation conducted by any governmental entity or law enforcement agency. (L. 2008 S.B. 1068)

Section 338.650 Fund established, use of moneys.
338.650 There is hereby established in the
state treasury the "Pharmacy Rebates Fund". Any revenues received by the state, either directly or indirectly, from pharmaceutical manufacturer rebates as required by federal law, except where federal law requires rebates to be accounted for otherwise, or state supplemental rebates as defined in state plan amendments shall be deposited into the pharmacy rebates fund and shall be used only in the MO HealthNet pharmacy program or its successor programs authorized under Title XIX, Public Law 89-97, 1965 amendments to the federal Social Security Act, 42 U.S.C. Section 301, et seq. (L. 2008 S.B. 1068)

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Missouri Revised Statutes TITLE XXII OCCUPATIONS AND PROFESSIONS August 28, 2009
Chapter 344 -- Nursing Home Administrators
Section 344.010. Definitions. Section 344.020. License required—separate license for assisted living facilities administrators, limitations of license. Section 344.030. License, qualifications, fee, examination, term—reciprocity—emergency license. Section 344.040. License renewal, application for, fee—late renewal, effect—additional disciplinary action authorized, when. Section 344.050. Suspension—revocation—probation—refusal to issue or renew license— grounds—procedure—right of review by administrative hearing commission. Section 344.060. Board, membership, qualifications, terms, removed how, hearing. Section 344.070. Board officers, how selected—duties and powers of board—rules and regulations, procedure. Section 344.080. Compensation of board members, exception. Section 344.100. Acting as nursing home administrator without license, penalty. Section 344.105. Retired licenses permitted, when, procedure. Section 344.108. Inactive status of license permitted, when—reactivation, procedure. 66

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Section 344.010 Definitions.
344.010 As used in this chapter the following words or phrases mean: (1) "Board", the Missouri board of nursing home administrators; (2) "Long-term care facility", any residential care facility, assisted living facility, intermediate care facility or skilled nursing facility, as defined in section 198.006, RSMo, or similar facility licensed by states other than Missouri; (3) "Nursing home", any institution or facility defined as an assisted living facility, intermediate care facility, or skilled nursing facility for licensing purposes by section 198.006, RSMo, whether proprietary or nonprofit; (4) "Nursing home administrator", a person who administers, manages, supervises, or is in general administrative charge of a nursing home, whether such individual has an ownership interest in the home, and whether his functions and duties are shared with one or more individuals. (L. 1969 3d Ex. Sess. H.B. 33 § 1, A.L. 1980 H.B. 1530 Revision, A.L. 1984 S.B. 451, A.L. 1987 S.B. 277) *Reprinted due to editorial change required by § 198.005.

ing facilities, as defined in section 198.006, RSMo. Any individual who receives a license to operate an assisted living facility is not thereby authorized to operate any intermediate care facility or skilled nursing facility as those terms are defined in section 198.006, RSMo. (L. 1969 3d Ex. Sess. H.B. 33 § 2, A.L. 1989 S.B. 387, A.L. 2007 H.B. 780)

Section 344.030 License, qualifications, fee, examination, term--reciprocity-emergency license.
344.030 1. An applicant for an initial license shall file a completed application with the board on a form provided by the board, accompanied by an application fee as provided by rule payable to the department of health and senior services. Information provided in the application attested by signature to be true and correct to the best of the applicant's knowledge and belief. 2. No initial license shall be issued to a person as a nursing home administrator unless: (1) The applicant provides the board satisfactory proof that the applicant is twenty-one years of age or over, of good moral character and a high school graduate or equivalent; (2) The applicant provides the board satisfactory proof that the applicant has had a minimum of three years' experience in health care administration or two years of postsecondary education in health care administration or has satisfactorily completed a course of instruction and training prescribed by the board, which includes instruction in the needs properly to be served by nursing homes, the protection of the interests of residents therein, and the elements of good nursing home administration, or has presented evidence satisfactory to the board of sufficient education, training, or experience in the foregoing fields to administer, supervise and manage a nursing home; and (3) The applicant passes the examinations

administered by the board. If an applicant fails to make a passing grade on either of the examinations such applicant may make application for reexamination on a form furnished by the board and may be retested. If an applicant fails either of the examinations a third time, the applicant shall be required to 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 examination. With regard to the national examination required for licensure, no examination scores from other states shall be recognized by the board after the applicant has failed his or her third attempt at the national examination. There shall be a separate, nonrefundable fee for each examination. The board shall set the amount of the fee for examination by rules and regulations promulgated pursuant to section 536.021, RSMo. The fee shall be set at a level to produce revenue which shall not substantially exceed the cost and expense of administering the examination. 3. The board may issue a license through reciprocity to any person who is regularly licensed as a nursing home administrator in any other state, territory, or the District of Columbia, if the regulations for securing such license are equivalent to those required in the state of Missouri. However, no license by reciprocity shall be issued until the applicant passes a special examination approved by the board, which will examine the applicant's knowledge of specific provisions of Missouri statutes and regulations pertaining to nursing homes. The applicant shall furnish satisfactory evidence that such applicant is of good moral character and has acted in the capacity of a nursing home administrator in such state, territory, or the District of Columbia at least one year after the securing of the license. The board, in its discretion, may enter into written reciprocal agreements pursuant to this section with other states which have equivalent laws and regulations. 4. Nothing in sections 344.010 to 344.108, or the rules or regulations thereunder shall be construed to require an applicant for a license as a nursing home administrator, who is employed by an institution listed and certified by the Commission for Accreditation of Christian Science Nursing Organizations/Facilities, Inc., to administer institutions certified by

Section 344.020 License required--separate license for assisted living facilities administrators, limitations of license.
344.020 No person shall act or serve in the capacity of a nursing home administrator without first procuring a license from the Missouri board of nursing home administrators as provided in sections 344.010 to 344.108. The board may issue a separate license to administrators of assisted liv-

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such commission for the care and treatment of the sick in accordance with the creed or tenets of a recognized church or religious denomination, to demonstrate proficiency in any techniques or to meet any educational qualifications or standards not in accord with the remedial care and treatment provided in such institutions. The applicant's license shall be endorsed to confine the applicant's practice to such institutions. 5. The board may issue a temporary emergency license for a period not to exceed ninety days to a person twenty-one years of age or over, of good moral character and a high school graduate or equivalent to serve as an acting nursing home administrator, provided such person is replacing a licensed nursing home administrator who has died, has been removed or has vacated the nursing home administrator's position. No temporary emergency license may be issued to a person who has had a nursing home administrator's license denied, suspended or revoked. A temporary emergency license may be renewed for one additional ninety-day period upon a showing that the person seeking the renewal of a temporary emergency license meets the qualifications for licensure and has filed an application for a regular license, accompanied by the application fee, and the applicant has taken the examination or examinations but the results have not been received by the board. No temporary emergency license may be renewed more than one time. (L. 1969 3d Ex. Sess. H.B. 33 § 3, A.L. 1979 S.B. 145, A.L. 1987 S.B. 277, A.L. 1988 S.B. 602, A.L. 1989 S.B. 387, A.L. 1996 H.B. 905 merged with H.B. 1362, A.L. 2007 H.B. 780) be issued or renewed by the board for a period of either one or two years, as provided by rule. Licensees seeking renewal shall, during the month of May of the year of renewal, file an application for renewal on forms furnished by the board, which shall include evidence satisfactory to the board of completion of the approved continuing education hours required by the board, and shall be accompanied by a renewal fee as provided by rule payable to the department of health and senior services. 2. Upon receipt of an incomplete application for renewal, the board shall grant the applicant a temporary permit which shall be in effect for thirty days. The applicant is required to submit the required documentation or fee within the thirty-day period, or the board may refuse to renew his or her application. The thirty-day period can be extended for good cause shown for an additional thirty days. Upon receipt of the approved continuing education credits or other required documentation or fee within the appropriate time period, the board shall issue a license. 3. The board shall renew the license of an applicant who has met all of the requirements for renewal. 4. As a requirement for renewal of license, the board may require not more than fortyeight clock hours of continuing education a year. The continuing education provided for under this section shall be approved by the board. There shall be a separate, nonrefundable fee for each single offering provider. The board shall set the amount of fee for any single offering provided by rules and regulations promulgated pursuant to section 536.021, RSMo. The fee shall be set at a level to produce revenue which shall not substantially exceed the cost and expense in administering and reviewing any single offering. 5. By April first of each year, the board shall mail an application for renewal of license to every person whose license shall be renewed during the current year. The applicant must submit such information as will enable the board to determine if the applicant's license should be renewed. 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. 6. Any licensee who fails to apply to renew his or her license by June thirtieth of the licensee's year of renewal may be relicensed by the board if he meets the requirements set forth by the board pursuant to sections 344.010 to 344.108 and pays the renewal fee required by rule, plus a penalty of twenty-five dollars. No action shall be taken by the board in addition to a penalty of twenty-five dollars imposed by this section against any such licensee whose license has not expired for a period of more than two months, and who has had no action in the preceding five years taken against them by the board, and who has met all other licensure requirements by June thirtieth of the year of renewal; provided, however, that nothing in this section shall prevent the board from taking any other disciplinary action against a licensee if there shall exist a cause for discipline pursuant to section 344.050. A person whose license has expired for a period of more than twelve months must meet the requirements set out in section 344.030 for initial licensure. (L. 1969 3d Ex. Sess. H.B. 33 § 4, A.L. 1979 S.B. 145, A.L. 1987 S.B. 277, A.L. 1989 S.B. 387, A.L. 2000 H.B. 1591, A.L. 2005 S.B. 177, A.L. 2007 H.B. 780)

Section 344.050 Suspension--revocation-probation--refusal to issue or renew license--grounds-procedure--right of review by administrative hearing commission.
344.050 1. The board may refuse to issue or renew any certificate of registration or authority, permit or license required pursuant to this chapter for one or any combination of causes stated in subsection 2 of this section. The board shall notify the applicant in writing of the reasons for the refusal and shall advise the applicant of his or her right to file a complaint with the administrative hearing commission as provided by chapter 621, RSMo. As an alternative to refusal to

Section 344.040 License renewal, application for, fee--late renewal, effect-additional disciplinary action authorized, when.
344.040 1. Every license issued under this chapter shall expire on June thirtieth of the year following the year of issuance and every other year thereafter, provided that licenses issued or renewed during the year 2006 may

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issue or renew any certificate, registration or authority, permit or license, the board may, at its discretion, issue a license which is subject to probation for any one or any combination of causes stated in subsection 2 of this section. The board's order of probation shall contain a statement of the discipline imposed, the basis therefor*, the date such action shall become effective, and a statement that the applicant has thirty days to request in writing a hearing before the administrative hearing commission. If the board issues a probationary license to an applicant for licensure, the applicant may file a written petition with the administrative hearing commission within thirty days of the effective date of the probationary license seeking review of whether cause exists to discipline the licensee under subsection 2 of this section. 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 waived. 2. The board may cause a complaint to be filed with the administrative hearing commission as provided by chapter 621, RSMo, against any holder of any certificate of registration or authority, permit or license required by this chapter or any person who has failed to renew or has surrendered his or her certificate of registration or authority, permit or license for any one or any combination of the following causes: (1) Use or unlawful possession of any controlled substance, as defined in chapter 195, RSMo, or alcoholic beverage to an extent that such use impairs a person's ability to perform the work of any profession licensed or regulated by this chapter; (2) The person has been finally adjudicated and found guilty, or entered a plea of guilty or nolo contendere, pursuant to criminal prosecution under the laws of any state or of the United States, for any offense reasonably related to the qualifications, functions or duties of any profession licensed or regulated under this chapter, for any offense an essential element of which is fraud, dishonesty or an act of violence, or for any offense involving moral turpitude, whether or not sentence is imposed; (3) Use of fraud, deception, misrepresentation or bribery in securing any certificate of registration or authority, permit or license issued pursuant to this chapter or in obtaining permission to take any examination given or required pursuant to this chapter; (4) Obtaining or attempting to obtain any fee, charge, tuition or other compensation by fraud, deception or misrepresentation; (5) Incompetency, misconduct, gross negligence, fraud, misrepresentation or dishonesty in the performance of the functions or duties of any profession licensed or regulated by this chapter; (6) Violation of, or assisting or enabling any person to violate, any provision of this chapter, or of any lawful rule or regulation adopted pursuant to this chapter; (7) Violation of, or assisting or enabling any person to violate, any provision of chapter 198, RSMo, or any lawful rule or regulation promulgated thereunder; (8) Impersonation of any person holding a certificate of registration or authority, permit or license, or allowing any person to use such person's certificate of registration or authority, permit, license or diploma from any school; (9) Disciplinary action against the holder of a license or other right to practice any profession regulated by this chapter granted by another state, territory, federal agency or country upon grounds for which revocation or suspension is authorized in this state; (10) A person is finally adjudged incapacitated or disabled by a court of competent jurisdiction; (11) Assisting or enabling any person to practice or offer to practice any profession licensed or regulated by this chapter who is not registered and currently eligible to practice under this chapter; (12) Issuance of a certificate of registration or authority, permit or license based upon a material mistake of fact; (13) Violation of the drug laws or rules and regulations of this state, any other state or the federal government; (14) Knowingly failing to report abuse or neglect of a resident in a long-term care facility, as required by section 198.070, RSMo, of which he or she has actual knowledge that it is abuse or neglect; (15) Violation of any professional trust or confidence; (16) Having served as the administrator, operator, or any principal involved in the operation of a facility licensed under chapter 198, RSMo, and during such time the facility has had its license revoked under section 198.036, RSMo, has entered into a consent agreement to obtain a probationary license under subsection 5 of section 198.026, RSMo, has had a license denied under subsection 2 of section 198.022, RSMo, or has surrendered its license while under investigation. 3. The administrative hearing commission shall have no authority to require issuance of a license, pending a final determination by the commission, in any case in which an applicant is seeking initial licensure. 4. No license may be suspended or revoked and no application for renewal of a license may be denied under this section until the licensee has been afforded an opportunity for hearing after due notice as provided in sections 621.015 to 621.205, RSMo. 5. Upon a finding by the administrative hearing commission that the grounds, provided in subsection 2 of this section, for disciplinary action are met, the board may, singly or in combination, censure or place the person named in the complaint on probation on such terms as the board deems appropriate, or may suspend or revoke the certificate, permit or license. The board may exclude any application for up to five years for any person who has had his or her license revoked by the board or has surrendered his or her license to the board. (L. 1969 3d Ex. Sess. H.B. 33 § 5, A.L. 1979 S.B. 145, A.L. 1980 H.B. 1530 Revision, A.L. 1987 S.B. 277, A.L. 1989 S.B. 387, A.L. 2007 H.B. 780) *Word "therefore" appears in original rolls.

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had a material, financial interest in either the providing of licensed nursing home services or in an activity or organization directly related to licensed nursing home administration. Neither the one licensed physician, the two licensed health professionals, nor the person from the health care education field shall have any financial interest in a licensed nursing home. 3. The members of the board shall be appointed for three-year terms or until their successors are appointed and qualified provided that no more than four members' terms shall expire in the same year. All members appointed prior to September 28, 1979, shall serve the term for which they were appointed. The governor shall fill any vacancies on the board as necessary. Appointment to fill an unexpired term shall not be considered an appointment for a full term. Board membership, continued until successors are appointed and qualified, shall not constitute an extension of the three-year term and the successors shall serve only the remainder of the term. 4. Every member shall receive a certificate of appointment; and every appointee, before entering upon his or her duties, shall take the oath of office required by article VII, section 11, of the Constitution of Missouri. 5. Any member of the board may be removed by the director of the department of health and senior services for misconduct, incompetency or neglect to duty after first being given an opportunity to be heard in his or her own behalf. (L. 1969 3d Ex. Sess. H.B. 33 § 6, A.L. 1979 S.B. 145, A.L. 2002 H.B. 1953, A.L. 2007 H.B. 780) shall adopt an official seal. It shall file and preserve all written applications, petitions, complaints, charges or requests made or presented to it. It shall cause to be kept accurate records and minutes of its proceedings, and shall maintain a register of the names and addresses of all persons holding licenses as nursing home administrators. A copy of any entry in the register, or of any records or minutes of the board, certified by the president or secretary of the board under its seal, shall be received in evidence, to all intents and purposes as the original. The board may employ such part- or full-time clerical assistance, purchase such equipment and supplies, employ legal counsel, employ a part- or full-time investigator, and incur travel and other expense, within the limits of its appropriations. 2. The board shall adopt, amend and repeal rules and regulations necessary to carry out the provisions of sections 344.020 to 344.108. Any rule or regulation under the authority of sections 344.020 to 344.108 shall be promulgated in accordance with chapter 536, RSMo. The committee on administrative rules may file a complaint in accordance with the provisions of chapter 536, RSMo, before the commission contesting the validity of any rule purportedly promulgated under the authority of sections 344.020 to 344.108. On filing any complaint in accordance with this section, the administrative hearing commission shall immediately suspend that portion of the rule which is challenged until the commission has determined the matter. The commission shall hold a hearing within ten days of the filing to determine the matter. No rule or portion of a rule promulgated under the authority of this chapter shall become effective unless it has been promulgated pursuant to the provisions of section 536.024, RSMo. 3. The board shall examine, license, and renew the license of duly qualified applicants, and shall conduct hearings affording due process of law, upon charges calling for discipline of a licensee. The board shall refer to the appropriate prosecuting attorney information regarding any persons violating the provisions of sections 344.010 to 344.108 and may incur necessary expenses therefor. (L. 1969 3d Ex. Sess. H.B. 33 § 7, A.L. 1979 S.B. 145, A.L. 1993 S.B. 52, A.L. 1995 S.B. 3, A.L. 2007 H.B. 686 merged with H.B. 780)

Section 344.060 Board, membership, qualifications, terms, removed how, hearing.
344.060 1. The director of the department of health and senior services shall appoint ten suitable persons who together with the director of the department of health and senior services or the director's designee shall constitute the "Missouri Board of Nursing Home Administrators" which is hereby created within the department of health and senior services and which shall have the functions, powers and duties prescribed by sections 344.010 to 344.108. 2. In addition to the director of the department of health and senior services or the director's designee the membership of the board shall consist of one licensed physician, two licensed health professionals, one person from the field of health care education, four persons who have been in general administrative charge of a licensed nursing home for a period of at least five years immediately preceding their appointment, and two public members. In addition to these qualifications, the physician, the two licensed health care professionals, and the health care educator shall be citizens of the United States and taxpaying residents of the state of Missouri for one year preceding their appointments. The four appointees who have been in general administrative charge of a licensed nursing home shall be citizens of the United States and either residents of the state of Missouri for one year preceding their appointments or persons who have been licensed by the board and whose five years of employment in a licensed nursing home immediately preceding their appointment have occurred in the state of Missouri. The public members shall be citizens of the United States, residents of the state of Missouri for one year preceding their appointment, and registered voters. The public members shall be persons who are not, or never were, licensed nursing home administrators or the spouse of such persons, or persons who do not have or never have

Section 344.070 Board officers, how selected-duties and powers of board-rules and regulations, procedure.
344.070 1. The board shall annually elect one of its members as president, another as vice president, and another as secretary. It

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344.105 1. Any nursing home administrator possessing a current license to practice as a nursing home administrator in this state who has maintained an active license for at least ten years may retire his or her license by filing an affidavit with the board which states the date on which the licensee retired from such practice and such other facts as tend to verify the retirement as the board may deem necessary. The affidavit shall be accompanied by a fee as provided by rule, made payable to the department of health and senior services. Such request for retired status may also be accomplished by signing the request for retired status that appears on the nursing home administrator's application for license renewal and returning such application to the board prior to June thirtieth of the year of renewal of the administrator's active license, accompanied by a fee as provided by rule, made payable to the department of health and senior services. Information provided in the request for retired status shall be given under oath subject to the penalties for the making of a false affidavit. 2. An individual who requests retired license status shall return his or her original wall license and all other indicia of licensure to the board. Once the board has received the original wall license from the licensee or evidence satisfactory to the board that the license has been lost, stolen, or destroyed, and the other requirements for requesting retired status have been met, the board shall issue a new license to the licensee indicating that the licensee is retired. 3. A retired license may be reactivated within five years of the granting of the retired license by filing with the board evidence satisfactory to the board of the completion of twenty clock hours of continuing education for each calendar year the license was retired accompanied by a fee as provided by rule made payable to the department of health and senior services. All clock hours of continuing education shall be completed prior to the filing of the affidavit or renewal form requesting reactivation of the retired license. If more than five years have passed since the issuance of a retired license to a licensee, the licensee shall follow the procedures for initial licensure stated in section 344.030. 4. No person shall practice as a nursing home administrator in this state or hold himself or herself out as a nursing home administrator if his or her license is retired. 5. Retired licensees shall remain subject to disciplinary action for violations of this chapter and the rules promulgated thereunder. (L. 2000 H.B. 1591, A.L. 2007 H.B. 780)

Section 344.080 Compensation of board members, exception.
344.080. The members of the board, other than the director of the department of health and senior services or his designee, shall receive as compensation for their services fifty dollars for each day devoted to the affairs of the board, and shall be entitled to reimbursement for their expenses necessarily incurred in the discharge of their official duties. (L. 1969 3d Ex. Sess. H.B. 33 § 8, A.L. 1979 S.B. 145, A.L. 1987 S.B. 277, A.L. 2007 H.B. 780)

Section 344.108 Inactive status of license permitted, when--reactivation, procedure.
344.108 1. Any nursing home administrator possessing a current license to practice as a nursing home administrator in this state may place such license on inactive status by filing a written signed request for inactive status with the board, accompanied by evidence satisfactory to the board of completion of ten clock hours of continuing education in the area of patient care and a fee as provided by rule made payable to the department of health and senior services. This request may also be accomplished by signing the request for inactive status that appears on the nursing home administrator's application for license renewal and returning such application to the board prior to June thirtieth of the year of renewal of the administrator's active license, accompanied by evidence satisfactory to the board of the completion of ten clock hours of continuing education in the area of patient care and a fee as provided by rule made payable to the department of health and senior services. Information provided in the request for inactive status shall be given under oath subject to the penalties of making a false affidavit. 2. An individual who requests that his or her license be placed on inactive status shall return all indicia of licensure to the board or submit evidence satisfactory to the board that the license has been lost, stolen, or destroyed. 3. An inactive license shall expire on June thirtieth of the second year following the year of issuance and every other year thereafter.

Section 344.100 Acting as nursing home administrator without license, penalty.
344.100 Any person who acts or serves in the capacity of a nursing home administrator without being properly licensed by the Missouri board of nursing home administrators as provided in sections 344.010 to 344.100 is guilty of a misdemeanor and, upon conviction, shall be punished as provided by law. The board shall immediately notify the licensing authority for nursing homes whenever a proceeding has been initiated to suspend or revoke the license of a nursing home administrator and whenever the license of a nursing home administrator is suspended, revoked, or not renewed. (L. 1969 3d Ex. Sess. H.B. 33 § 10, A.L. 1979 S.B. 145)

Section 344.105 Retired licenses permitted, when, procedure.

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Licensees seeking to renew shall, during the month of May of the year of renewal, file an application for renewal on forms furnished by the board that include evidence satisfactory to the board of the completion of ten clock hours of continuing education in the area of patient care and shall be accompanied by a renewal fee as provided by rule, payable to the department of health and senior services. 4. A license may be carried in inactive status for up to six years from the date of issuance. If the licensee does not reactivate the license during the six-year period, the license shall expire on the last day of the six-year period. 5. A holder of an inactive license may reactivate the license by submitting a written request to the board, accompanied by evidence satisfactory to the board of the completion or plan for completion of forty clock hours of continuing education and a fee as provided by rule made payable to the department of health and senior services. The forty clock hours of continuing education shall be earned no earlier than six months prior to the request for reactivation and no later than twelve months after the inactive license has been reactivated. If the holder of an inactive license requests reactivation prior to completing the forty clock hours of continuing education, the board shall issue a six-month interim license to the licensee. The interim license shall expire six months from the date of issuance or at such earlier time as the licensee earns the forty clock hours of continuing education and submits evidence satisfactory to the board of completion of the required hours. 6. A request for reactivation of an inactive license shall show, under oath or affirmation of the nursing home administrator, a statement that the nursing home administrator has not practiced during the inactive period and is not presently practicing in this state. 7. No person shall practice as a nursing home administrator or hold himself or herself out as a nursing home administrator in this state while his or her license is inactive. 8. Inactive licensees shall remain subject to discipline for violations of this chapter and the rules promulgated thereunder. (L. 2007 H.B. 780)

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Missouri Revised Statutes TITLE XXII OCCUPATIONS AND PROFESSIONS August 28, 2009
Chapter 345 -- Speech Pathologists and Audiologists
Section 345.010. Title of act. Section 345.015. Definitions. Section 345.020. License or registration required to practice. Section 345.022. Provisional license, fee, renewal. Section 345.025. Persons exempted from the provisions of this chapter. Section 345.030. Duties of board. Section 345.033. Purchase agreement required, when, contents. Section 345.035. Employees, selection and compensation, how. Section 345.040. Board to have seal, effect of. Section 345.045. Board fund, collection and disposition. Section 345.050. Requirements to be met for license. 73

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Section 345.051. Renewal of license, when—form, content—mailing of form, authorize —failure to mail or to receive form, effect on licensure. Section 345.055. Fees, amount, how set. Section 345.065. Denial, revocation or suspension of license, grounds for, alternatives—criminal penalties for violation of chapter. Section 345.075. Practice without license, prohibited, penalty. 345.080. Advisory commission for speech-language pathologists and audiologists established— members—terms—appointment—duties—removal—expenses —compensation—meetings, notice of—quorum—staff.

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fit or dispense hearing instruments, make ear impressions, make diagnostic statements, determine case selection, present written reports to anyone other than the supervisor without the signature of the supervisor, make referrals to other professionals or agencies, use a title other than speech-language pathology aide or clinical audiology aide, develop or modify treatment plans, discharge clients from treatment or terminate treatment, disclose clinical information, either orally or in writing, to anyone other than the supervising speech-language pathologist/audiologist, or perform any procedure for which he or she is not qualified, has not been adequately trained or both; (3) “Board”, the state board of registration for the healing arts; (4) “Clinical fellowship”, the supervised professional employment period following completion of the academic and practicum requirements of an accredited training program as defined in sections 345.010 to 345.080; (5) “Commission”, the advisory commission for speech-language pathologists and audiologists; (6) “Hearing instrument” or “hearing aid”, any wearable device or instrument designed for or offered for the purpose of aiding or compensating for impaired human hearing and any parts, attachments or accessories, including ear molds, but excluding batteries, cords, receivers and repairs; (7) “Person”, any individual, organization, or corporate body, except that only individuals may be licensed pursuant to sections 345.010 to 345.080; (8) “Practice of audiology”: (a) The application of accepted audiologic principles, methods and procedures for the measurement, testing, interpretation, appraisal and prediction related to disorders of the auditory system, balance system or related structures and systems; (b) Provides consultation, counseling to the patient, client, student, their family or interested parties; (c) Provides academic, social and medical referrals when appropriate; (d) Provides for establishing goals, implementing strategies, methods and techniques, for habilitation, rehabilitation or aural rehabilitation, related to disorders of the auditory system, balance system or related structures and systems; (e) Provides for involvement in related research, teaching or public education; (f) Provides for rendering of services or participates in the planning, directing or conducting of programs which are designed to modify audition, communicative, balance or cognitive disorder, which may involve speech and language or education issues; (g) Provides and interprets behavioral and neurophysiologic measurements of auditory balance, cognitive processing and related functions, including intraoperative monitoring; (h) Provides involvement in any tasks, procedures, acts or practices that are necessary for evaluation of audition, hearing, training in the use of amplification or assistive listening devices; (i) Provides selection, assessment, fitting, programming, and dispensing of hearing instruments, assistive listening devices, and other amplification systems; (j) Provides for taking impressions of the ear, making custom ear molds, ear plugs, swim molds and industrial noise protectors; (k) Provides assessment of external ear and cerumen management; (l) Provides advising, fitting, mapping assessment of implantable devices such as cochlear or auditory brain stem devices; (m) Provides information in noise control and hearing conservation including education, equipment selection, equipment calibration, site evaluation and employee evaluation; (n) Provides performing basic speech-language screening test;

Section 345.010 Title of act.
345.010 Sections 345.010 to 345.080 may be cited as the “Licensure Act for SpeechLanguage Pathologists and Audiologists”. (L. 1973 H.B. 329 § 1, A.L. 1995 S.B. 69, et al., A.L. 1998 H.B. 1601, et al.)

Section 345.015 Definitions.
345.015 As used in sections 345.010 to 345.080, the following terms mean: (1) “Audiologist”, a person who is licensed as an audiologist pursuant to sections 345.010 to 345.080 to practice audiology; (2) “Audiology aide”, a person who is registered as an audiology aide by the board, who does not act independently but works under the direction and supervision of a licensed audiologist. Such person assists the audiologist with activities which require an understanding of audiology but do not require formal training in the relevant academics. To be eligible for registration by the board, each applicant shall submit a registration fee, be of good moral and ethical character; and: (a) Be at least eighteen years of age; (b) Furnish evidence of the person’s educational qualifications which shall be at a minimum: a. Certification of graduation from an accredited high school or its equivalent; and b. On-the-job training; (c) Be employed in a setting in which direct and indirect supervision are provided on a regular and systematic basis by a licensed audiologist. However, the aide shall not administer or interpret hearing screening or diagnostic tests,

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(o) Provides involvement in social aspects of communication, including challenging behavior and ineffective social skills, lack of communication opportunities; (p) Provides support and training of family members and other communication partners for the individual with auditory balance, cognitive and communication disorders; (q) Provides aural rehabilitation and related services to individuals with hearing loss and their families; (r) Evaluates, collaborates and manages audition problems in the assessment of the central auditory processing disorders and providing intervention for individuals with central auditory processing disorders; (s) Develops and manages academic and clinical problems in communication sciences and disorders; (t) Conducts, disseminates and applies research in communication sciences and disorders; (9) “Practice of speech-language pathology”: (a) Provides screening, identification, assessment, diagnosis, treatment, intervention, including but not limited to prevention, restoration, amelioration and compensation, and follow-up services for disorders of: a. Speech: articulation, fluency, voice, including respiration, phonation and resonance; b. Language, involving the parameters of phonology, morphology, syntax, semantics and pragmatic; and including disorders of receptive and expressive communication in oral, written, graphic and manual modalities; c. Oral, pharyngeal, cervical esophageal and related functions, such as dysphagia, including disorders of swallowing and oral functions for feeding; orofacial myofunctional disorders; d. Cognitive aspects of communication, including communication disability and other functional disabilities associated with cognitive impairment; e. Social aspects of communication, including challenging behavior, ineffective social skills, lack of communication opportunities; (b) Provides consultation and counseling and makes referrals when appropriate; (c) Trains and supports family members and other communication partners of individuals with speech, voice, language, communication and swallowing disabilities; (d) Develops and establishes effective augmentative and alternative communication techniques and strategies, including selecting, prescribing and dispensing of augmentative aids and devices; and the training of individuals, their families and other communication partners in their use; (e) Selects, fits and establishes effective use of appropriate prosthetic/adaptive devices for speaking and swallowing, such as tracheoesophageal valves, electrolarynges, or speaking valves; (f) Uses instrumental technology to diagnose and treat disorders of communication and swallowing, such as videofluoroscopy, nasendoscopy, ultrasonography and stroboscopy; (g) Provides aural rehabilitative and related counseling services to individuals with hearing loss and to their families; (h) Collaborates in the assessment of central auditory processing disorders in cases in which there is evidence of speech, language or other cognitive communication disorders; provides intervention for individuals with central auditory processing disorders; (i) Conducts pure-tone air conduction hearing screening and screening tympanometry for the purpose of the initial identification or referral; (j) Enhances speech and language proficiency and communication effectiveness, including but not limited to accent reduction, collaboration with teachers of English as a second language and improvement of voice, performance and singing; (k) Trains and supervises support personnel; (l) Develops and manages academic and clinical programs in communication sciences and disorders; (m) Conducts, disseminates and applies research in communication sciences and disorders; (n) Measures outcomes of treatment and conducts continuous evaluation of the effectiveness of practices and programs to improve and maintain quality of services; (10) “Speech-language pathologist”, a person who is licensed as a speech-language pathologist pursuant to sections 345.010 to 345.080; who engages in the practice of speech-language pathology as defined in sections 345.010 to 345.080; (11) “Speech-language pathology aide”, a person who is registered as a speech-language aide by the board, who does not act independently but works under the direction and supervision of a licensed speech-language pathologist. Such person assists the speechlanguage pathologist with activities which require an understanding of speech-language pathology but do not require formal training in the relevant academics. To be eligible for registration by the board, each applicant shall submit a registration fee, be of good moral and ethical character; and: (a) Be at least eighteen years of age; (b) Furnish evidence of the person’s educational qualifications which shall be at a minimum: a. Certification of graduation from an accredited high school or its equivalent; and b. On-the-job training; (c) Be employed in a setting in which direct and indirect supervision is provided on a regular and systematic basis by a licensed speech-language pathologist. However, the aide shall not administer or interpret hearing screening or diagnostic tests, fit or dispense hearing instruments, make ear impressions, make diagnostic statements, determine case selection, present written reports to anyone

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other than the supervisor without the signature of the supervisor, make referrals to other professionals or agencies, use a title other than speech-language pathology aide or clinical audiology aide, develop or modify treatment plans, discharge clients from treatment or terminate treatment, disclose clinical information, either orally or in writing, to anyone other than the supervising speech-language pathologist/audiologist, or perform any procedure for which he or she is not qualified, has not been adequately trained or both; (12) “Speech-language pathology assistant”, a person who is registered as a speech-language pathology assistant by the board, who does not act independently but works under the direction and supervision of a licensed speech-language pathologist and whose activities require both academic and practical training in the field of speech-language pathology although less training than those established by sections 345.010 to 345.080 as necessary for licensing as a speech-language pathologist. To be eligible for registration by the board, each applicant shall submit the registration fee, be of good moral character and furnish evidence of the person’s educational qualifications which meet the following: (a) Hold a bachelor’s level degree in the field of speech-language pathology from an institution accredited or approved by a regional accrediting body recognized by the United States Department of Education or its equivalent; and (b) Submit official transcripts from one or more accredited colleges or universities presenting evidence of the completion of bachelor’s level course work and clinical practicum requirements equivalent to that required or approved by a regional accrediting body recognized by the United States Department of Education or its equivalent. (L. 1973 H.B. 329 § 2, A.L. 1986 H.B. 1242, A.L. 1995 S.B. 69, et al., A.L. 1998 H.B. 1601, et al., A.L. 2004 S.B. 1122, A.L. 2005 S.B. 100, A.L. 2007 H.B. 780 merged with S.B. 308) insignia, indicating or implying that the person is an audiologist without a valid existing license is guilty of a class B misdemeanor. 5. No person shall hold himself or herself out as being a speech-language pathology assistant or aide or audiology aide in this state unless the person is registered as provided in sections 345.010 to 345.080. 6. Nothing in sections 345.010 to 345.080 shall prohibit a corporation, partnership, trust, association, or other like organization from engaging in the business of speech-language pathology or audiology without licensure if it employs licensed natural persons in the direct practice of speech-language pathology or audiology. Any such corporation, partnership, trust, association, or other like organization shall also file with the board a statement, on a form approved by the board, that it submits itself to the rules and regulations of the board and the provisions of sections 345.010 to 345.080 which the board shall deem applicable to it. (L. 1973 H.B. 329 § 3, A.L. 1995 S.B. 69, et al., A.L. 1998 H.B. 1601, et al.)

License or registration required to practice.
345.020 1. Licensure or registration shall be granted in either speech-language pathology or audiology independently. A person may be licensed or registered in both areas if the person is qualified. Each licensed or registered person shall display the license or certificate prominently in the person’s place of practice. 2. No person shall practice or hold himself or herself out as being able to practice speechlanguage pathology or audiology in this state unless the person is licensed in accordance with the provisions of sections 345.010 to 345.080. Nothing in sections 345.010 to 345.080, however, shall be construed to prevent a qualified person licensed in this state under any other law from engaging in the profession for which the person is licensed, and a licensed physician or surgeon may practice speech-language pathology or audiology without being licensed in accordance with the provisions of sections 345.010 to 345.080. 3. No person shall hold himself or herself out as being a speech-language pathologist in this state unless the person is licensed as provided in sections 345.010 to 345.080. Any person who, in any manner, represents himself or herself as a speech-language pathologist or who uses in connection with such person’s name the words or letters: “speech-language pathologist”, “speech pathologist”, “speech therapy”, “speech therapist”, “speech clinic”, “speech clinician”, “S.L.P.”, “language specialist”, “logopedist” or any other letters, words, abbreviations or insignia, indicating or implying that the person is a speech-language pathologist without a valid existing license is guilty of a class B misdemeanor. 4. No person shall hold himself or herself out as being an audiologist in this state unless the person is licensed as provided in sections 345.010 to 345.080. Any person who, in any manner, represents himself or herself as an audiologist or who uses in connection with such person’s name the words: “audiology”, “audiologist”, “audiological”, “hearing clinic”, “hearing clinician”, “hearing therapist” or any other letters, words, abbreviations or

Section 345.022 Provisional license, fee, renewal.
345.022 1. Any person in the person’s clinical fellowship as defined in sections 345.010 to 345.080 shall hold a provisional license to practice speech-language pathology or audiology. The board may issue a provisional license to an applicant who: (1) Has met the requirements for practicum and academic requirements from an accredited training program as defined in sections 345.010 to 345.080; (2) Submits an application to the board on a form prescribed by the board. Such form shall include a plan for the content and supervision of the clinical fellowship, as well as evidence of good moral and ethical character; and

Section 345.020

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(3) Submits to the board an application fee, as set by the board, for the provisional license. 2. A provisional license is effective for one year and may be extended for an additional twelve months only for purposes of completing the postgraduate clinical experience portion of the clinical fellowship; provided that, the applicant has passed the national examination and shall hold a master’s degree from an approved training program in his or her area of application. 3. Within twelve months of issuance of the provisional license, the applicant shall pass an examination promulgated or approved by the board. 4. Within twelve months of issuance of a provisional license, the applicant shall complete the master’s or doctoral degree from a program accredited by the Council on Academic Accreditation of the American Speech-Language-Hearing Association or other accrediting agency approved by the board in the area in which licensure is sought. (L. 1995 S.B. 69, et al., A.L. 1998 H.B. 1601, et al., A.L. 2005 S.B. 100) course of study supervised by a licensed speech-language pathologist or audiologist as provided in section 345.050; (4) The activities and services of physicians and surgeons licensed pursuant to chapter 334, RSMo; (5) Audiometric technicians who are certified by the council for accreditation of occupational hearing conservationists when conducting pure tone air conduction audiometric tests for purposes of industrial hearing conservation and comply with requirements of the federal Occupational Safety and Health Administration; (6) A person who holds a current valid certificate as a speech-language pathologist issued by the Missouri department of elementary and secondary education and who is an employee of a public school while providing speech-language pathology services in such school system. 2. No one shall be exempt pursuant to subdivision (1) or (6) of subsection 1 of this section if the person does any work as a speechlanguage pathologist or audiologist outside of the exempted areas outlined in this section for which a fee or compensation may be paid by the recipient of the service. When college or university clinics charge a fee, supervisors of student clinicians shall be licensed. (L. 1973 H.B. 329 § 4, A.L. 1986 H.B. 1242, A.L. 1995 S.B. 69, et al., A.L. 1998 H.B. 1601, et al.) necessary to an orderly dispatch of business. 3. The board shall adopt reasonable rules and regulations which establish ethical standards of practice and may amend or repeal the same. Rules and regulations shall be adopted that ensure consumer protection related to hearing instrument dispensing that meet or exceed those provided under sections 346.007 to 346.250, RSMo, and rules and regulations promulgated pursuant thereto. 4. Regular meetings of the commission shall be held at such times and places as it prescribes, and special meetings may be held upon the call of the chairperson or by request of at least two other members of the commission, but at least one regular meeting shall be held each year. 5. No rule or portion of a rule promulgated pursuant to the authority of sections 345.010 to 345.080 shall become effective unless it has been promulgated pursuant to the provisions of chapter 536, RSMo. (L. 1973 H.B. 329 § 6, A.L. 1981 S.B. 16, A.L. 1995 S.B. 69, et al., A.L. 1998 H.B. 1601, et al. , A.L. 2007 H.B. 780 merged with S.B. 308)

Section 345.025 Persons exempted from the provisions of this chapter.
345.025 1. The provisions of sections 345.010 to 345.080 do not apply to: (1) The activities, services, and the use of an official title on the part of a person in the employ of a federal agency insofar as such services are part of the duties of the person’s office or position with such agency; (2) The activities and services of certified teachers of the deaf; (3) The activities and services of a student in speech-language pathology or audiology pursuing a course of study at a university or college that has been approved by its regional accrediting association, or working in a recognized training center, if these activities and services constitute a part of the person’s

Section 345.033 Purchase agreement required, when, contents.
345.033 1. Any person licensed under sections 345.010 to 345.080 who dispenses products associated with professional practice to clients for remuneration shall deliver to each person supplied with a product a completed purchase agreement which shall include the terms of the sale clearly stated using ordinary English language and terminology which is easily understood by the purchaser. If a product which is not new is sold, the purchase agreement and the container thereof shall be clearly marked as “used”, “recased”, or “reconditioned”, whichever is applicable, with terms of guarantee, if any. 2. Any audiologist licensed under sections 345.010 to 345.080 who dispenses hearing

Section 345.030 Duties of board.
345.030 1. The board shall administer, coordinate, and enforce the provisions of sections 345.010 to 345.080, evaluate the qualifications of applicants, supervise the examination of applicants, issue licenses, and shall investigate persons engaging in practices which appear to violate the provisions of sections 345.010 to 345.080. 2. The board shall conduct such hearings and keep such records and minutes as shall be

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instruments shall include in the purchase agreement for a hearing instrument the following: (1) The licensee’s signature, business address, and license number; (2) The specifications of the hearing instrument dispensed including make, model, and serial number; (3) The exact amount of any down payment; (4) The length of any trial period provided; (5) The amount of any charges or service fees connected with any trial period; (6) A description of the right of the purchaser to return the hearing instrument or written notification that no such right exists; (7) The name of the manufacturer of the component parts and the assembler or reassembler of the hearing instrument when the product sold is remanufactured or assembled by someone other than the manufacturer of the component parts. (L. 2007 H.B. 780 merged with S.B. 308) 3. Moneys collected and deposited under this section may be used to assist in the enforcement of the statutes relating to the fitting and dispensing of hearing aids by unlicensed individuals. (L. 1973 H.B. 329 § 9, A.L. 1981 S.B. 16, A.L. 1998 H.B. 1601, et al., A.L. 2007 H.B. 780 merged with S.B. 308)

Board to have seal, effect of.
345.040 The board shall adopt a seal by which it shall authenticate its proceedings. Copies of its proceedings, records, and acts, when signed by the secretary and authenticated by the seal, shall be prima facie evidence in all courts of this state. (L. 1973 H.B. 329 § 8, A.L. 1995 S.B. 69, et al.)

Section 345.050 Requirements to be met for license.
345.050 1. To be eligible for licensure by the board by examination, each applicant shall submit the application fee and shall furnish evidence of such person’s good moral and ethical character, current competence and shall: (1) Hold a master’s or a doctoral degree from a program accredited by the Council on Academic Accreditation of the American SpeechLanguage-Hearing Association or other accrediting agency approved by the board in the area in which licensure is sought; (2) Submit official transcripts from one or more accredited colleges or universities presenting evidence of the completion of course work and clinical practicum requirements equivalent to that required by the Council on Academic Accreditation of the American Speech-Language-Hearing Association or other accrediting agency approved by the board; (3) Present written evidence of completion of clinical fellowship as defined in subdivision (4) of section 345.015 from supervisors. The experience required by this subdivision shall follow the completion of the requirements of subdivisions (1) and (2) of this subsection. This period of employment shall be under the direct supervision of a person who is licensed by the state of Missouri in the profession in which the applicant seeks to be licensed. Persons applying with an audiology clinical doctoral degree are exempt from this provision;

Section 345.045 Board fund, collection and disposition--transfers authorized.
345.045 1. Except as otherwise provided in this section, all moneys received pursuant to sections 345.010 to 345.080 shall be collected by the division of professional registration and shall be transmitted to the department of revenue for deposit in the state treasury to the credit of the board of registration for the healing arts fund. 2. Effective July 1, 2008, the board shall, in every odd-numbered year, transfer from the board of registration for the healing arts fund to the hearing instrument specialist fund an amount not to exceed sixty-one thousand dollars per transfer as necessary to replace decreased renewal fees received by the board of examiners for hearing instrument specialists as a result of the decrease in licensees under subsection 2 of section 346.060, RSMo. The initial transfer amount shall be equal to the license renewal fees paid during fiscal years 2006 and 2007 by individuals licensed under subsection 2 of section 346.060, RSMo. The amount of subsequent transfers may decrease each odd-numbered year. Any decrease shall be no more than twenty-five percent of the initial transfer amount. The transfer amount shall be requested through the legislative budget process by the director of the division of professional registration, with the advice and consultation of the board and the board of examiners for hearing instrument specialists.

Section 345.035 Employees, selection and compensation, how.
345.035 1. The board may, within the limits of appropriations, employ such board personnel as defined in subdivision (4) of subsection 10 of section 324.001, RSMo, as may be necessary to carry out its duties. 2. All expenses of the board shall be paid only from appropriations made for that purpose from the board of registration for the healing arts fund. (L. 1973 H.B. 329 § 7, A.L. 1981 S.B. 16, A.L. 1995 S.B. 69, et al., A.L. 1998 H.B. 1601, et al., A.L. 2008 S.B. 788)

Section 345.040

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(4) Pass an examination promulgated or approved by the board. The board shall determine the subject and scope of the examinations. 2. To be eligible for licensure by the board without examination, each applicant shall make application on forms prescribed by the board, submit the application fee and shall be of good moral and ethical character, submit an activity statement and meet one of the following requirements: (1) The board shall issue a license to any speech-language pathologist or audiologist who is licensed in another jurisdiction and who has had no violations, suspension or revocations of a license to practice speechlanguage pathology or audiology in any jurisdiction; provided that, such person is licensed in a jurisdiction whose requirements are substantially equal to, or greater than, Missouri at the time the applicant applies for licensure; or (2) Hold the certificate of clinical competence issued by the American Speech-LanguageHearing Association in the area in which licensure is sought. (L. 1973 H.B. 329 § 10, A.L. 1981 S.B. 16, A.L. 1984 H.B. 1286, A.L. 1985 H.B. 1242, A.L. 1986 H.B. 384 Revision, A.L. 1990 S.B. 697, A.L. 1995 S.B. 69, et al., A.L. 1998 H.B. 1601, et al., A.L. 2005 S.B. 100) cant’s full name and the applicant’s office and residence addresses and the date and number of the applicant’s license, all final disciplinary actions taken against the applicant by any speech-language-hearing association or society, state, territory, federal agency or country and information concerning the applicant’s current physical and mental fitness to practice as a speech-language pathologist or audiologist. 2. A blank form for application for license renewal shall be mailed to each person licensed in this state at the person’s last known office or residence address. The failure to mail the form of application or the failure to receive it does not, however, relieve any person of the duty to renew the license and pay the fee required by sections 345.010 to 345.080 for failure to renew the license. 3. An applicant for renewal of a license pursuant to this section shall: (1) Submit an amount established by the board; and (2) Meet any other requirements the board establishes as conditions for license renewal, including the demonstration of continued competence to practice the profession for which the license is issued. A requirement of continued competence may include, but is not limited to, continuing education, examination, self-evaluation, peer review, performance appraisal or practical simulation. 4. If a license is suspended pursuant to section 345.065, the license expires on the expiration date as established by the board for all licenses issued pursuant to sections 345.010 to 345.080. Such license may be renewed but does not entitle the licensee to engage in the licensed activity or in any other conduct or activity which violates the order of judgment by which the license was suspended until such license has been reinstated. 5. If a license is revoked on disciplinary grounds pursuant to section 345.065, the license expires on the expiration date as established by the board for all licenses issued pursuant to sections 345.010 to 345.080. Such license may not be renewed. If a license is reinstated after its expiration, the licensee, as a condition of reinstatement, shall pay a reinstatement fee that is equal to the renewal fee in effect on the last regular renewal date immediately preceding the date of reinstatement plus any late fee established by the board. (L. 1990 S.B. 697, A.L. 1995 S.B. 69, et al., A.L. 1998 H.B. 1601, et al.)

Section 345.055 Fees, amount, how set.
345.055 1. The board shall charge a license or registration renewal fee for each license or registration renewed. Persons possessing the required training and qualifications to be licensed or registered as both a speechlanguage pathologist and audiologist shall receive both licenses, which for the purposes of this section shall be considered as a single license or certificate. Duplicate licenses or certificates shall be issued without additional charge to persons practicing in more than one location. Persons who allow their licenses to lapse shall submit a reinstatement fee, and if the license has lapsed for more than a threeyear period, the board may require reexamination. 2. The fees prescribed by section 345.051 and this section shall be exclusive, and notwithstanding any other provision of law, no municipality may require any person licensed pursuant to the provisions of sections 345.010 to 345.080 to furnish any bond, pass any examination, or pay any license fee or occupational tax. 3. The board shall set the amount of the fees which sections 345.010 to 345.080 authorize and require by rules and regulations promulgated pursuant to section 536.021, RSMo. The fees shall be set at a level to produce: (1) Revenue which shall not substantially exceed the cost and expense of administering sections 345.010 to 345.080; and (2) Effective July 1, 2008, any transfer required from the board under subsection 2 of section 345.045. (L. 1973 H.B. 329 § 11, A.L. 1981 S.B. 16,

Section 345.051 Renewal of license, when-form, content--mailing of form, authorized --failure to mail or to receive form, effect on licensure.
345.051 1. Every person licensed or registered pursuant to the provisions of sections 345.010 to 345.080 shall renew the license on or before the renewal date. Such renewal date shall be determined by the board. The application shall be made on a form furnished by the board. The application shall include, but not be limited to, disclosure of the appli-

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A.L. 1995 S.B. 69, et al., A.L. 1998 H.B. 1601, et al., A.L. 2007 H.B. 780 merged with S.B. 308) who has failed to renew or has surrendered the person’s certificate of registration or authority, permit or license for any one or any combination of the following causes: (1) Use of any controlled substance, as defined in chapter 195, RSMo, or alcoholic beverage to an extent that such use impairs a person’s ability to perform the work of any profession licensed or regulated by sections 345.010 to 345.080; (2) The person has been finally adjudicated and found guilty, or entered a plea of guilty or nolo contendere, in a criminal prosecution under the laws of any state or of the United States, for any offense reasonably related to the qualifications, functions or duties of any profession licensed or regulated pursuant to sections 345.010 to 345.080, for any offense an essential element of which is fraud, dishonesty or an act of violence, or for any offense involving moral turpitude, whether or not sentence is imposed; (3) Use of fraud, deception, misrepresentation or bribery in securing any certificate of registration or authority, permit or license issued pursuant to sections 345.010 to 345.080 or in obtaining permission to take any examination given or required pursuant to sections 345.010 to 345.080; (4) Obtaining or attempting to obtain any fee, charge, tuition or other compensation by fraud, deception or misrepresentation; (5) Incompetency, misconduct, gross negligence, fraud, misrepresentation or dishonesty in the performance of the functions or duties of any profession licensed or regulated by sections 345.010 to 345.080; (6) Violation of, or assisting or enabling any person to violate, any provision of sections 345.010 to 345.080, or of any lawful rule or regulation adopted pursuant to sections 345.010 to 345.080; (7) Impersonation of any person holding a certificate of registration or authority, permit or license or allowing any person to use his or her certificate of registration or authority, permit, license or diploma from any school; (8) Disciplinary action against the holder of a license or other right to practice any profession regulated by sections 345.010 to 345.080 granted by another state, territory, federal agency or country upon grounds for which revocation or suspension is authorized in this state; (9) A person is finally adjudged insane or incompetent by a court of competent jurisdiction; (10) Assisting or enabling any person to practice or offer to practice any profession licensed or regulated by sections 345.010 to 345.080 who is not registered and currently eligible to practice pursuant to sections 345.010 to 345.080; (11) Issuance of a certificate of registration or authority, permit or license based upon a material mistake of fact; (12) Failure to display a valid certificate or license if so required by sections 345.010 to 345.080 or any rule promulgated pursuant to sections 345.010 to 345.080; (13) Violation of any professional trust or confidence; (14) Fraudulently or deceptively using a license, provisional license or registration; (15) Altering a license, provisional license or registration; (16) Willfully making or filing a false report or record in the practice of speech-language pathology or audiology; (17) Using or promoting or causing the use of any misleading, deceiving, improbable or untruthful advertising matter, promotional literature, testimonial, guarantee, warranty, label, brand, insignia or any other representation; (18) Falsely representing the use or availability of services or advice of a physician; (19) Misrepresenting the applicant, licensee or holder by using the word doctor or any similar word, abbreviation or symbol if the use is not accurate or if the degree was not obtained from a regionally accredited institution;

Section 345.065 Denial, revocation or suspension of license, grounds for, alternatives--criminal penalties for violation of chapter.
345.065 1. The board may refuse to issue any certificate of registration or authority, permit or license required pursuant to sections 345.010 to 345.080 for one or any combination of causes stated in subsection 2 of this section. The board shall notify the applicant in writing of the reasons for the refusal and shall advise the applicant of the applicant’s right to file a complaint with the administrative hearing commission as provided by chapter 621, RSMo. As an alternative to a refusal to issue or renew any certificate, registration or authority, the board may, at its discretion, issue a license which is subject to probation, restriction or limitation to an applicant for licensure for any one or any combination of causes stated in subsection 2 of this section. The board’s order of probation, limitation or restriction shall contain a statement of the discipline imposed, the basis therefor, the date such action shall become effective and a statement that the applicant has thirty days to request in writing a hearing before the administrative hearing commission. If the board issues a probationary, limited or restricted license to an applicant for licensure, either party may file a written petition with the administrative hearing commission within thirty days of the effective date of the probationary, limited or restricted license seeking review of the board’s determination. 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 as waived. 2. The board may cause a complaint to be filed with the administrative hearing commission as provided by chapter 621, RSMo, against any holder of any certificate of registration or authority, permit or license required by sections 345.010 to 345.080 or any person

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(20) Committing any act of dishonorable, immoral or unprofessional conduct while engaging in the practice of speech-language pathology or audiology; (21) Providing services or promoting the sale of devices, appliances or products to a person who cannot reasonably be expected to benefit from such services, devices, appliances or products. 3. After the filing of such complaint, the proceedings shall be conducted in accordance with the provisions of chapter 621, RSMo. Upon a finding by the administrative hearing commission that the grounds, provided in subsection 2 of this section, for disciplinary action are met, the board may, singly or in combination, censure or place the person named in the complaint on probation on such terms and conditions as the board deems appropriate for a period not to exceed ten years, or may suspend, for a period not to exceed three years, or revoke the license or registration. 4. The board may apply for relief by injunction, without bond, to restrain any person, partnership or corporation from engaging in any act or practice which constitutes an offense pursuant to sections 345.010 to 345.080. The board does not need to allege and prove that there is no adequate remedy at law to obtain an injunction. The members of the board and the advisory commission shall not be individually liable for applying for such relief. (L. 1973 H.B. 329 § 13, A.L. 1981 S.B. 16, A.L. 1995 S.B. 69, et al., A.L. 1998 H.B. 1601, et al.) and, upon conviction, shall be punished as provided by law. This section shall refer also to the use of the words “pathologist”, “statelicensed clinic”, “state registered”, “state certified”, “state approved”, or any other term, abbreviation, or symbol when it would falsely give the impression that service is being provided by persons trained in medicine, speech-language pathology or audiology or that the licensee’s service has been recommended by the state. (L. 1973 H.B. 329 § 15, A.L. 1981 S.B. 16, A.L. 1995 S.B. 69, et al., A.L. 1998 H.B. 1601, et al.) to sections 345.010 to 345.080 or the spouse of such person; and a person who does not have and never has had a material, financial interest in either the providing of the professional services regulated by sections 345.010 to 345.080, or an activity or organization directly related to any profession licensed or regulated pursuant to sections 345.010 to 345.080. Members shall be appointed to serve three-year terms, except as provided in this subsection. Each member of the advisory commission for speech pathologists and clinical audiologists on August 28, 1995, shall become a member of the advisory commission for speech-language pathologists and clinical audiologists and shall continue to serve until the term for which the member was appointed expires. Each member of the advisory commission for speech-language pathologists and clinical audiologists on August 28, 1997, shall become a member of the advisory commission for speech-language pathologists and audiologists and shall continue to serve until the term for which the member was appointed expires. The first public member appointed pursuant to this subsection shall be appointed for a two-year term and the one additional member appointed pursuant to this subsection shall be appointed for a full three-year term. No person shall be eligible for reappointment who has served as a member of the advisory commission for speech pathologists and audiologists or as a member of the commission as established on August 28, 1995, for a total of six years. The membership of the commission shall reflect the differences in levels of education, work experience and geographic residence. For a licensed speech-language pathologist member, the president of the Missouri Speech-Language-Hearing Association in office at the time, and for a licensed audiologist member, the president of the Missouri Academy of Audiologists in office at the time, in consultation with the president of the Missouri Speech-Language-Hearing Association, shall, at least ninety days prior to the expiration of a term of a commission member, other than the public member, or as soon as feasible after a vacancy on the commission otherwise occurs, submit to the director of the division of professional registration a list of five persons qualified and willing to fill the vacancy in question, with the request and recommendation that the board of registration for the healing arts appoint one

Section 345.080 Advisory commission for speech-language pathologists and audiologists established--members-terms--appointment--duties-removal--expenses --compensation--meetings, notice of--quorum--staff.
345.080 1. There is hereby established an “Advisory Commission for Speech-Language Pathologists and Audiologists” which shall guide, advise and make recommendations to the board. The commission shall approve the examination required by section 345.050, and shall assist the board in carrying out the provisions of sections 345.010 to 345.075. 2. After August 28, 1997, the commission shall consist of seven members, one of whom shall be a voting public member, appointed by the board of registration for the healing arts. Each member shall be a citizen of the United States and a resident of this state. Three members of the commission shall be licensed speech-language pathologists and three members of the commission shall be licensed audiologists. The public member shall be at the time of appointment a citizen of the United States; a resident of this state for a period of one year and a registered voter; a person who is not and never was a member of any profession licensed or regulated pursuant

Section 345.075 Practice without license, prohibited, penalty.
345.075 Any person who practices or holds himself or herself out to be a speech-language pathologist, speech-language pathology assistant or aide, audiologist or audiology aide without first having been licensed or registered is guilty of a class B misdemeanor

Missouri Revised Statutes

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Statutes
of the five persons so listed, and with the list so submitted, the president of the Missouri Speech-Language-Hearing Association or the president of the Missouri Academy of Audiologists in office at the time shall include in his or her letter of transmittal a description of the method by which the names were chosen by that association. 3. Notwithstanding any other provision of law to the contrary, any appointed member of the commission shall receive as compensation an amount established by the director of the division of professional registration not to exceed seventy dollars per day for commission business plus actual and necessary expenses. The director of the division of professional registration shall establish by rule guidelines for payment. All staff for the commission shall be provided by the board of registration for the healing arts. 4. The commission shall hold an annual meeting at which it shall elect from its membership a chairman and secretary. The commission may hold such additional meetings as may be required in the performance of its duties, provided that notice of every meeting shall be given to each member at least ten days prior to the date of the meeting. A quorum of the commission shall consist of a majority of its members. 5. The board of registration for the healing arts may remove a commission member for misconduct, incompetency or neglect of the member’s official duties after giving the member written notice of the charges against such member and an opportunity to be heard thereon. (L. 1986 H.B. 1242, A.L. 1995 S.B. 69, et al., A.L. 1998 H.B. 1601, et al., A.L. 1999 H.B. 343, A.L. 2001 H.B. 567, A.L. 2005 S.B. 100)

Missouri Revised Statutes

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