SB 1233 — Modifies provisions relating to activities requiring licensure

Such transfers shall be made until they equal the prorated amount for services rendered and rent by the division.

The provisions of section 33.080 to the contrary notwithstanding, money in this fund shall not be transferred and placed to the credit of general revenue.

7.

The director of the division shall be responsible for collecting and accounting for all moneys received by the division or its component agencies.

Any money received by a board or commission shall be promptly given, identified by type and source, to the director.

The director shall keep a record by board and state accounting system classification of the amount of revenue the director receives.

The director shall promptly transmit all receipts to the department of revenue for deposit in the state treasury to the credit of the appropriate fund.

The director shall provide each board with all relevant financial information in a timely fashion.

Each board shall cooperate with the director by providing necessary information.

8.

All educational transcripts, test scores, complaints, investigatory reports, and information pertaining to any person who is an applicant or licensee of any agency assigned to the division of professional registration by statute or by the department are confidential and may not be disclosed to the public or any member of the public, except with the written consent of the person whose records are involved.

The agency which possesses the records or information shall disclose the records or information if the person whose records or information is involved has consented to the disclosure.

Each agency is entitled to the attorney-client privilege and HCS SS#2 SB 1233 6 work-product privilege to the same extent as any other person.

Provided, however, that any board may disclose confidential information without the consent of the person involved in the course of voluntary interstate exchange of information, or in the course of any litigation concerning that person, or pursuant to a lawful request, or to other administrative or law enforcement agencies acting within the scope of their statutory authority.

Information regarding identity, including names and addresses, registration, and currency of the license of the persons possessing licenses to engage in a professional occupation and the names and addresses of applicants for such licenses is not confidential information.

9.

Any deliberations conducted and votes taken in rendering a final decision after a hearing before an agency assigned to the division shall be closed to the parties and the public.

Once a final decision is rendered, that decision shall be made available to the parties and the public.

10.

A compelling governmental interest shall be deemed to exist for the purposes of section 536.025 for licensure fees to be reduced by emergency rule, if the projected fund balance of any agency assigned to the division of professional registration is reasonably expected to exceed an amount that would require transfer from that fund to general revenue.

11.

(1) The following boards and commissions are assigned by specific type transfers to the division of professional registration:

Missouri state board of accountancy, chapter 326;

board of cosmetology and barber examiners, chapters 328 and 329;

Missouri board for architects, professional engineers, professional land HCS SS#2 SB 1233 7 surveyors [and], professional landscape architects, and licensed interior designers, chapter 327;

Missouri state board of chiropractic examiners, chapter 331;

state board of registration for the healing arts, chapter 334;

Missouri dental board, chapter 332;

state board of embalmers and funeral directors, chapter 333;

state board of optometry, chapter 336;

Missouri state board of nursing, chapter 335;

board of pharmacy, chapter 338;

state board of podiatric medicine, chapter 330;

Missouri real estate appraisers commission, chapter 339;

and Missouri veterinary medical board, chapter 340.

The governor shall appoint members of these boards by and with the advice and consent of the senate.

(2) The boards and commissions assigned to the division shall exercise all their respective statutory duties and powers, except those clerical and other staff services involving collecting and accounting for moneys and financial management relating to the issuance and renewal of licenses, which services shall be provided by the division, within the appropriation therefor.

Nothing herein shall prohibit employment of professional examining or testing services from professional associations or others as required by the boards or commissions on contract.

Nothing herein shall be construed to affect the power of a board or commission to expend its funds as appropriated.

However, the division shall review the expense vouchers of each board.

The results of such review shall be submitted to the board reviewed and to the house and senate appropriations committees annually.

(3) Notwithstanding any other provisions of law, the director of the division shall exercise only those management functions of the boards and commissions HCS SS#2 SB 1233 8 specifically provided in the Reorganization Act of 1974, and those relating to the allocation and assignment of space, personnel other than board personnel, and equipment.

(4) "Board personnel", as used in this section or chapters 317, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, and 345, shall mean personnel whose functions and responsibilities are in areas not related to the clerical duties involving the issuance and renewal of licenses, to the collecting and accounting for moneys, or to financial management relating to issuance and renewal of licenses;

specifically included are executive secretaries (or comparable positions), consultants, inspectors, investigators, counsel, and secretarial support staff for these positions;

and such other positions as are established and authorized by statute for a particular board or commission.

Boards and commissions may employ legal counsel, if authorized by law, and temporary personnel if the board is unable to meet its responsibilities with the employees authorized above.

Any board or commission which hires temporary employees shall annually provide the division director and the appropriation committees of the general assembly with a complete list of all persons employed in the previous year, the length of their employment, the amount of their remuneration, and a description of their responsibilities.

(5) Board personnel for each board or commission shall be employed by and serve at the pleasure of the board or commission, shall be supervised as the board or commission designates, and shall have their duties and compensation prescribed by the board or commission, within appropriations for that purpose, except that compensation for board personnel shall not exceed that established for comparable HCS SS#2 SB 1233 9 positions as determined by the board or commission pursuant to the job and pay plan of the department of commerce and insurance.

Nothing herein shall be construed to permit salaries for any board personnel to be lowered except by board action.

12.

All the powers, duties, and functions of the division of athletics, chapter 317, and others, are assigned by type I transfer to the division of professional registration.

13.

Wherever the laws, rules, or regulations of this state make reference to the division of professional registration of the department of economic development, such references shall be deemed to refer to the division of professional registration.

14.

(1) The state board of nursing, board of pharmacy, Missouri dental board, state committee of psychologists, state board of chiropractic examiners, state board of optometry, Missouri board of occupational therapy, or state board of registration for the healing arts may individually or collectively enter into a contractual agreement with the department of health and senior services, a public institution of higher education, or a nonprofit entity for the purpose of collecting and analyzing workforce data from its licensees, registrants, or permit holders for future workforce planning and to assess the accessibility and availability of qualified health care services and practitioners in Missouri.

The boards shall work collaboratively with other state governmental entities to ensure coordination and avoid duplication of efforts.

(2) The boards may expend appropriated funds necessary for operational expenses of the program formed under this subsection.

Each board is authorized to accept grants to HCS SS#2 SB 1233 10 fund the collection or analysis authorized in this subsection.

Any such funds shall be deposited in the respective board's fund.

(3) Data collection shall be controlled and approved by the applicable state board conducting or requesting the collection.

Notwithstanding the provisions of sections 324.010 and 334.001, the boards may release identifying data to the contractor to facilitate data analysis of the health care workforce including, but not limited to, geographic, demographic, and practice or professional characteristics of licensees.

The state board shall not request or be authorized to collect income or other financial earnings data.

(4) Data collected under this subsection shall be deemed the property of the state board requesting the data.

Data shall be maintained by the state board in accordance with chapter 610, provided that any information deemed closed or confidential under subsection 8 of this section or any other provision of state law shall not be disclosed without consent of the applicable licensee or entity or as otherwise authorized by law.

Data shall only be released in an aggregate form by geography, profession or professional specialization, or population characteristic in a manner that cannot be used to identify a specific individual or entity.

Data suppression standards shall be addressed and established in the contractual agreement.

(5) Contractors shall maintain the security and confidentiality of data received or collected under this subsection and shall not use, disclose, or release any data without approval of the applicable state board.

The contractual agreement between the applicable state board and contractor shall establish a data release and research HCS SS#2 SB 1233 11 review policy to include legal and institutional review board, or agency-equivalent, approval.

(6) Each board may promulgate rules subject to the provisions of this subsection and chapter 536 to effectuate and implement the workforce data collection and analysis authorized by this subsection.

Any rule or portion of a rule, as that term is defined in section 536.010, 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 and, if applicable, section 536.028.

This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly under chapter 536 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, 2016, shall be invalid and void.

324.004.

1.

Any person who has at least three years of work experience in an occupation or profession in another state, the District of Columbia, or any combination of such jurisdictions, and whose work experience involved the practice of an occupation or profession for which a license is not required in the jurisdiction or jurisdictions in which the person worked but is required in this state, may submit an application for a one-time nonrenewable two-year temporary license in this state in the occupation or profession, along with proof of at least three years of work experience in the occupation or profession and a fee as set by regulation of the oversight body, to the relevant oversight body in this state.

The oversight body shall make a determination of qualification within forty-five days of receiving a completed application.

HCS SS#2 SB 1233 12 2.

The oversight body shall require an applicant under this section to take and pass the examination specific to the occupation or profession which is required for licensure by those individuals applying pursuant to the provisions of the oversight body's statutory and regulatory authority.

An oversight body that administers an examination on the laws of this state as part of its licensing application requirements may require an applicant under this section to take and pass an examination specific to the laws of this state.

3.

The oversight body shall not issue a one-time nonrenewable temporary license to any applicant described in subsection 1 of this section who has had any license in the relevant occupation or profession revoked by an oversight body outside of this state, who is currently under investigation, who has a complaint pending, or who is currently under disciplinary action.

4.

(1) Except as provided in subdivision (2) of this subsection, applicants for the one-time temporary nonrenewable license under this section shall be citizens of the United States or lawfully present noncitizens authorized to work in the United States under federal law and shall submit legal proof of citizenship or employment authorization that is acceptable for the employment eligibility verification under federal law as part of the application.

If the holder of a one-time nonrenewable temporary license issued under this section loses lawful presence or federal work authorization, the one-time nonrenewable temporary license shall automatically be revoked.

(2) Applicants for the one-time nonrenewable temporary license under this section in an occupation regulated by the HCS SS#2 SB 1233 13 board of therapeutic massage shall be citizens of the United States and shall submit legal proof of citizenship as part of the application.

5.

If an applicant is not currently residing in this state, the oversight body shall conditionally approve the application contingent upon receipt of proof of domicile in this state within sixty days of the applicant receiving the temporary license.

If the applicant fails to provide proof within sixty days of receiving the temporary license, the oversight body may terminate the temporary license and the applicant may reapply for a temporary license.

6.

The provisions of this section shall not apply to the following:

(1) Any occupation whose oversight body has entered into a licensing compact with another state for the regulation of practice under the oversight body's jurisdiction.

The provisions of this section shall not be construed to alter the authority granted by, or any requirements promulgated pursuant to, any interjurisdictional or interstate compacts adopted by this state or any reciprocity agreements with other states, and whenever possible the provisions of this section shall be interpreted so as to imply no conflict between it and any compact or any reciprocity agreement with other states;

(2) Any occupation set forth in subsection 6 of section 290.257 or any electrical contractor licensed under sections 324.900 to 324.945;

(3) Any occupation whose regulators or licensees are required to comply with specific federal statutory, regulatory, and administrative requirements in order to practice in this state;

or (4) Assistant physicians licensed under chapter 334.

HCS SS#2 SB 1233 14 7.

The one-time nonrenewable temporary license shall expire after two years.

Upon expiration, the individual shall be required to apply for a permanent license in accordance with the license requirements for the occupation for which he or she held the temporary license.

8.

Notwithstanding any other provision of law to the contrary, a license issued under this section shall be valid only in this state and shall not make a licensee eligible to be part of an interstate compact.

An applicant who is licensed in another state pursuant to an interstate compact shall not be eligible for licensure by an oversight body under the provisions of this section.

9.

Notwithstanding any other provision of law to the contrary, a license issued under this section shall be valid only in this state and shall not make a licensee eligible to obtain a license by reciprocity in another state.

10.

As used in this section, the term "oversight body" means any board, department, agency, or office of a jurisdiction that issues occupational or professional licenses.

11.

The division of professional registration may promulgate rules to implement the provisions of this section.

Any rule or portion of a rule, as that term is defined in section 536.010, 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 and, if applicable, section 536.028.

This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking HCS SS#2 SB 1233 15 authority and any rule proposed or adopted after August 28, 2026, shall be invalid and void.

324.009.

1.

For purposes of this section, the following terms mean:

(1) "License", a license, certificate, registration, permit, accreditation, or military occupational [speciality] specialty that enables a person to legally practice an occupation or profession in a particular jurisdiction;

(2) "Military", the Armed Forces of the United States including the Air Force, Army, Coast Guard, Marine Corps, Navy, Space Force, National Guard and any other military branch that is designated by Congress as part of the Armed Forces of the United States, and all reserve components and auxiliaries.

Such term also includes the military reserves and militia of any United States territory or state;

(3) "Missouri law enforcement officer", any person employed by or otherwise serving in a position for the state or a local governmental entity in the state of Missouri as a police officer, peace officer certified under chapter 590, auxiliary police officer, sheriff, sheriff's deputy, member of the patrol as that term is defined in section 43.010, or in some like position involving the enforcement of the law and protection of the public interest at the risk of that person's life and who is a permanent resident of the state of Missouri or who is domiciled in the state of Missouri;

(4) "Nonresident military or law enforcement spouse":

(a) A nonresident spouse of an active duty member of the Armed Forces of the United States who has been transferred or is scheduled to be transferred to the state of Missouri, or who has been transferred or is scheduled to be transferred to an adjacent state and is or will be HCS SS#2 SB 1233 16 domiciled in the state of Missouri, or has moved to the state of Missouri on a permanent change-of-station basis;

or (b) A nonresident spouse of a person residing outside the state of Missouri who has accepted an offer of employment from and with the state or a local governmental entity in the state of Missouri and who will become a Missouri law enforcement officer upon the commencement of such employment;

(5) "Oversight body", any board, department, agency, or office of a jurisdiction that issues licenses;

(6) "Resident military or law enforcement spouse", a spouse of an active duty member of the Armed Forces of the United States who has been transferred or is scheduled to be transferred to the state of Missouri or an adjacent state and who is a permanent resident of the state of Missouri, who is domiciled in the state of Missouri, or who has Missouri as his or her home of record, or a spouse of a Missouri law enforcement officer.

2.

Any person who holds a valid current license issued by another state, a branch or unit of the military, a territory of the United States, or the District of Columbia, and who has been licensed for at least one year in such other jurisdiction, may submit an application for a license in Missouri in the same occupation or profession, and at the same practice level, for which he or she holds the current license, along with proof of current licensure and proof of licensure for at least one year in the other jurisdiction, to the relevant oversight body in this state.

3.

The oversight body in this state shall:

(1) Within six months of receiving an application described in subsection 2 of this section, waive any examination, educational, or experience requirements for HCS SS#2 SB 1233 17 licensure in this state for the applicant if it determines that there were minimum education requirements and, if applicable, work experience and clinical supervision requirements in effect and the other [state] jurisdiction verifies that the person met those requirements in order to be licensed or certified in that [state] jurisdiction.

An oversight body that administers an examination on laws of this state as part of its licensing application requirement may require an applicant to take and pass an examination specific to the laws of this state;

or (2) Within thirty days of receiving an application described in subsection 2 of this section from a nonresident military or law enforcement spouse or a resident military or law enforcement spouse, waive any examination, educational, or experience requirements for licensure in this state for the applicant and issue such applicant a license under this section if such applicant otherwise meets the requirements of this section.

4.

(1) The oversight body shall not waive any examination, educational, or experience requirements for any applicant who has had his or her license revoked by an oversight body outside the state;

who is currently under investigation, who has a complaint pending, or who is currently under disciplinary action, except as provided in subdivision (2) of this subsection, with an oversight body outside the state;

who does not hold a license in good standing with an oversight body outside the state;

who has a criminal record that would disqualify him or her for licensure in Missouri;

or who does not hold a valid current license in the other jurisdiction on the date the oversight body receives his or her application under this section.

HCS SS#2 SB 1233 18 (2) If another jurisdiction has taken disciplinary action against an applicant, the oversight body shall determine if the cause for the action was corrected and the matter resolved.

If the matter has not been resolved by that jurisdiction, the oversight body may deny a license until the matter is resolved.

5.

Nothing in this section shall prohibit the oversight body from denying a license to an applicant under this section for any reason described in any section associated with the occupation or profession for which the applicant seeks a license.

6.

Any person who is licensed under the provisions of this section shall be subject to the applicable oversight body's jurisdiction and all rules and regulations pertaining to the practice of the licensed occupation or profession in this state.

Any health care provider licensed under the provisions of this section shall be deemed fully licensed to practice within the profession's scope of practice in this state and may provide telehealth services as described in section 191.1145 to the same extent and in the same manner as a health care provider who received his or her license without a waiver of any requirements.

7.

This section shall not be construed to waive any requirement for an applicant to pay any fees, post any bonds or surety bonds, or submit proof of insurance associated with the license the applicant seeks.

8.

This section shall not apply to business, professional, or occupational licenses issued or required by political subdivisions.

9.

The provisions of this section shall not impede an oversight body's authority to require an applicant to submit fingerprints as part of the application process.

HCS SS#2 SB 1233 19 10.

The provisions of this section shall not be construed to alter the authority granted by, or any requirements promulgated pursuant to, any interjurisdictional or interstate compacts adopted by Missouri statute or any reciprocity agreements with other states in effect, and whenever possible this section shall be interpreted so as to imply no conflict between it and any compact, or any reciprocity agreements with other states in effect.

11.

Notwithstanding any other provision of law, a license issued under this section shall be valid only in this state and shall not make a licensee eligible to be part of an interstate compact.

An applicant who is licensed in another state pursuant to an interstate compact shall not be eligible for licensure by an oversight body under the provisions of this section.

12.

The provisions of this section shall not apply to any occupation set forth in subsection 6 of section 290.257, or any electrical contractor licensed under sections 324.900 to 324.945.

324.028.

Any member authorized under the provisions of sections 256.459, 324.063, 324.177, 324.203, 324.243, [324.406,] 324.478, 326.259, 327.031, 329.015, 330.110, 331.090, 332.021, 333.151, 334.120, 334.430, 334.625, 334.717, 334.749, 334.830, 335.021, 336.130, 337.050, 337.305, 337.535, 337.622, 337.739, 338.110, 339.120, 340.202, 345.080, and 346.120 who misses three consecutive regularly scheduled meetings of the board or council on which he or she serves shall forfeit his or her membership on that board or council.

A new member shall be appointed to the respective board or council by the governor with the advice and consent of the senate.

HCS SS#2 SB 1233 20 324.218.

1.

An applicant who has not previously taken or passed an examination recognized by the committee and who meets the qualifications of subsection 2 of section 324.210 may obtain without examination a nonrenewable temporary license by paying a temporary-license fee and submitting to the committee an agreement-to-supervise form that is signed by a licensed dietitian who has agreed to supervise the applicant.

Such temporary licensee may practice dietetics, but any such practice shall be under the supervision of a dietitian licensed in this state.

2.

(1) Any dietitian who has agreed to supervise a temporary licensee shall hold an unencumbered license to practice dietetics in this state and shall provide the committee proof of active dietetics practice in this state for a minimum of one year before supervising the temporary licensee.

(2) The supervising dietitian shall not be an immediate family member of the temporary licensee.

The committee shall define the term "immediate family member" for purposes of this subdivision and the scope of such supervision by rule.

3.

(1) The dietitian who has agreed to supervise the applicant for a temporary license shall submit to the committee a signed and notarized form prescribed by the committee attesting that the applicant for a temporary license shall begin employment at a location in this state within seven days of issuance of the temporary license.

(2) If the temporary licensee's employment described in subdivision (1) of this subsection ceases, the supervising dietitian shall notify the committee within three days of such cessation.

HCS SS#2 SB 1233 21 4.

A licensed dietitian shall not supervise more than one temporary licensee at a time.

5.

The temporary license obtained by an applicant under this section shall expire the date the committee is notified by the supervising dietitian that the temporary licensee's employment has ceased or within one hundred eighty days of its issuance, whichever occurs first.

324.263.

1.

The board may apply to the administrative hearing commission for an emergency suspension or restriction of a license issued under sections 324.240 to 324.275 if:

(1) The holder of the license is the subject of a pending criminal indictment, criminal information, or other criminal charge related to the duties and responsibilities of the licensed occupation;

and (2) There is reasonable cause for the board to believe that the public health, safety, or welfare is at imminent risk of harm from the holder of the license.

2.

The board shall submit to the administrative hearing commission supporting affidavits and certified court records, together with a complaint alleging the facts in support of the board's request for an emergency suspension or restriction of a license, and shall supply the administrative hearing commission with the last home or business addresses on file with the board for the licensee.

Within one business day of the filing of the complaint, the administrative hearing commission shall return a service packet to the board.

The service packet shall include the board's complaint and any affidavits or records the board intends to rely on that have been filed with the administrative hearing commission.

The service packet may contain other information in the discretion of the HCS SS#2 SB 1233 22 administrative hearing commission.

Within twenty-four hours of receiving the packet, the board shall either personally serve the licensee the service packet or leave a copy of the service packet at all of the licensee's current addresses on file with the board.

3.

Within five days of the board's filing of the complaint, the administrative hearing commission shall review the information submitted by the board and shall issue its findings of fact and conclusions of law.

If the administrative hearing commission finds that there is reasonable cause for the board to believe that the public health, safety, or welfare is at imminent risk of harm from the holder of the license, the administrative hearing commission shall enter the order requested by the board.

The order shall be effective upon personal service or by leaving a copy at all of the licensee's current addresses on file with the board.

4.

(1) The administrative hearing commission shall hold an evidentiary hearing on the record within forty-five days of the board's filing of the complaint, or upon final adjudication of any criminal charges filed against the licensee, as appropriate, to determine if cause for discipline exists under the provisions of sections 324.240 to 324.275 and to determine whether the initial order entered by the commission shall continue in effect.

Prior to the hearing, the licensee may file affidavits and certified court records for consideration by the administrative hearing commission.

The administrative hearing commission may grant a request for a continuance but shall in any event hold the hearing within one hundred twenty days of the board's initial filing.

The board shall be granted leave to amend its complaint if it is more than HCS SS#2 SB 1233 23 thirty days prior to the hearing, or within thirty days prior to the hearing upon a showing of good cause.

(2) If no cause for discipline is found following an evidentiary hearing, the administrative hearing commission shall issue findings of fact, conclusions of law, and an order terminating the commission's initial order imposing an emergency suspension or restriction of the license.

(3) If the administrative hearing commission finds cause for discipline following an evidentiary hearing, the commission shall issue findings of fact and conclusions of law and order the emergency suspension or restriction to remain in full force and effect pending a disciplinary hearing before the board.

The board shall hold a hearing following the certification of the record by the administrative hearing commission and may impose discipline otherwise authorized by state law.

5.

Any action under this section shall be in addition to and not in lieu of any discipline otherwise in the board's power to impose and may be brought concurrently with other actions.

6.

If the administrative hearing commission does not grant an initial order imposing an emergency suspension or restriction of the license as described in subsection 3 of this section, the board shall remove all reference to such emergency suspension or restriction from its public records.

HCS SS#2 SB 1233 24 (a) Any audit or other engagement to be performed in accordance with the Statements on Auditing Standards (SAS);

EXPLANATION-Matter(c) enclosedAny inengagement bold-facedto bracketsbe [thus]performed in thisaccordance billwith isthe notauditing enactedstandards and isrules intendedof tothe bePublic omittedCompany inAccounting theOversight law.Board (PCAOB);

SS#2 SB 1233 2 (c) Any engagement to be performed in accordance with the auditing standards and rules of the Public Company Accounting Oversight Board (PCAOB);

(8) "Compilation", providing a service to be performed in accordance with Statements on Standards for Accounting and Review Services (SSARS) that is presented in the form of HCS SS#2 SB 1233 25 financial statements information that is the representation of management (owners) without undertaking to express any assurance on the statements;

or, in each SS#2 SB 1233 3 case, an individual license or permit issued pursuant to corresponding provisions of prior law;

HCS SS#2 SB 1233 26 (18) "Professional", arising out of or related to the specialized knowledge or skills associated with certified public accountants;

SS#2 SB 1233 4 (a) Performing or offering to perform for an enterprise, client or potential client one or more services involving the use of accounting or auditing skills, or one or more management advisory or consulting services, or the preparation of tax returns or the furnishing of advice on tax matters by a person, firm, limited liability company or professional corporation using the title "C.P.A." or "P.A." in signs, advertising, directory listing, business cards, letterheads or other public representations;

(20) "Report", when used with reference to any attest or compilation service, means an opinion, report or other form of language that states or implies assurance as to the reliability of the attested information or compiled financial statements, and that also includes or is HCS SS#2 SB 1233 27 accompanied by any statement or implication that the person or firm issuing it has special knowledge or competence in accounting or auditing.

Such a statement or implication of special knowledge or competence may arise from use by the SS#2 SB 1233 5 issuer of the report of names or titles indicating that the person or firm is an accountant or auditor, or from the language of the report itself.

(23)] "Transmittal", any transmission of information in any form, including but not limited to any and all HCS SS#2 SB 1233 28 documents, records, minutes, computer files, disks or information.

The statements on standards specified in this section shall be adopted by reference by the board pursuant SS#2 SB 1233 6 to rulemaking and shall be those developed for general application by the AICPA or other recognized national accountancy organization as prescribed by board rule.

HCS SS#2 SB 1233 29 (a) [Applied for the initial examination prior to June 30, 1999, and] Holds a baccalaureate degree conferred by an accredited college or university recognized by the board, with [a] the total educational program including an SS#2 SB 1233 7 accounting concentration [in accounting] or [the substantial] equivalent [of a concentration in accounting] as determined by [the] board rule to be appropriate;

or (c) Has a post-baccalaureate degree conferred by an accredited college or university recognized by the board, with the total education program including an accounting concentration or equivalent as determined by board rule to be appropriate.appropriate;

Has had two years of experience for an applicant who is applying for licensure on the basis of the HCS SS#2 SB 1233 30 educational requirement in paragraph (a) of subdivision (4) of subsection 1 of this section.

(b) Experience shall be verified by a licensee and shall include any type of service or advice involving the use of accounting, attest, compilation, management advisory, SS#2 SB 1233 8 financial advisory, tax or consulting skills including governmental accounting, budgeting or auditing.

No fee shall be charged for a HCS SS#2 SB 1233 31 temporary license.

SS#2[5.Prior SBto 1233June 930, [5.2021, an applicant for an examination who meets the educational requirements of subdivision (4) of subsection 1 of this section or who reasonably expects to meet those requirements within sixty days after the examination shall be eligible for examination if the applicant also meets the requirements of subdivisions (2) and (3) of subsection 1 of this section.

PriorFor to June 30, 2021, an applicant foradmitted anto examination whoon meets the educationalreasonable requirementsexpectation ofthat subdivisionthe (4)applicant ofwill subsection 1 of this section or who reasonably expects to meet thosethe educational requirements within sixty daysdays, afterno thelicense examination shall be eligibleissued fornor examinationcredit iffor the applicantexamination alsoor meetsany thepart requirementsthereof ofgiven subdivisionsunless (2)the andeducational (3)requirement ofis subsectionin 1fact ofmet thiswithin section.the sixty-day period.

For] an applicant admitted to examination on the reasonable expectation that the applicant will meet the educational requirements within sixty days, no license shall be issued nor credit for the examination or any part thereof given unless the educational requirement is in fact met within the sixty-day period.] 326.283.

Provided, however,] provided that at the time of initial licensure, HCS SS#2 SB 1233 32 the individual was required to show evidence of having passed the Uniform Certified Public Accountant Examination and having met one of the following requirements:

A baccalaureate degree conferred by an accredited college or university, with the total educational program SS#2 SB 1233 10 including an accounting concentration or equivalent, and not less than two years of experience, both as defined by board rule;

(2) An individual who qualifies for the privilege to practice under this section may offer or render professional HCS SS#2 SB 1233 33 services in this state, whether in person, by mail, telephone, or electronic means, and no notice or other submission shall be required of any such individual.

(3) An individual licensee of another state exercising the privilege afforded under this section and the firm which SS#2 SB 1233 11 employs such licensee hereby simultaneously consent, as a condition of the grant of this privilege:

HCS SS#2 SB 1233 34 2.

Notwithstanding the SS#2 SB 1233 12 provisions of section 326.274 to the contrary, the board may investigate any complaint made by the board of accountancy of another state.

(2) The applicant had four years of experience outside of this state of the type described in subdivision (6) of subsection 1 of section 326.280 or meets equivalent requirements prescribed by the board by rule, after passing the examination upon which the applicant's license was based HCS SS#2 SB 1233 35 and within the ten years immediately preceding the application;

and (3) If the applicant's certificate, license or permit was issued more than four years prior to the application for issuance of a license pursuant to this section, the applicant has fulfilled the requirements of continuing SS#2 SB 1233 13 professional education that would have been applicable pursuant to subsection [6] 5 of this section.

The board may create by rule an exception to such requirement for licensees who do not perform or offer to perform for the public one or more kinds of services involving the use of accounting or auditing skills, including issuance of reports on financial statements or of one or more kinds of management advisory, financial advisory or consulting services, or the preparation of tax returns or HCS SS#2 SB 1233 36 the furnishing of advice on tax matters.

SS#2 SB 1233 14 [7.] 6.

HCS SS#2 SB 1233 37 (a) Received the designation based on educational and examination standards substantially equivalent to those in effect in this state at the time the foreign designation was granted;

(b) Completed an experience requirement substantially equivalent to the requirement set out in subdivision (6) of SS#2 SB 1233 15 subsection 1 of section 326.280 in the jurisdiction which granted the foreign designation or has completed four years of professional experience in this state, or meets equivalent requirements prescribed by the board by rule within the ten years immediately preceding the application;

HCS SS#2 SB 1233 38 (1) The following shall hold a permit issued under this chapter:

or SS#2 SB 1233 16 (b) Any firm with an office in this state that uses the title "CPA" or "CPA firm".

HCS SS#2 SB 1233 39 (4) (a) All firms practicing public accounting in this state shall register with the secretary of state.

SS#2 SB 1233 17 b.

HCS SS#2 SB 1233 40 3.

SS#2 SB 1233 18 4.

HCS SS#2 SB 1233 41 (3) Any licensee who is responsible for supervising attest services, or signs or authorizes someone to sign the licensee's report on the financial statements on behalf of the firm, shall meet competency requirements as determined SS#2 SB 1233 19 by the board by rule which shall include one year of experience in addition to the experience required under subdivision (6) of subsection 1 of section 326.280 and shall be verified by a licensee.

The name of a firm shall not include the name or initials of an individual who is not a present or a past partner, member or HCS SS#2 SB 1233 42 shareholder of the firm or its predecessor.

SS#2 SB 1233 20 7.

The review shall include a verification that individuals in the firm who are responsible for supervising attest and HCS SS#2 SB 1233 43 compilation services or sign or authorize someone to sign the accountant's report on the financial statements on behalf of the firm meet the competency requirements set out SS#2 SB 1233 21 in the professional standards for such services, provided that any such rule:

HCS SS#2 SB 1233 44 (1) The firm's name and address;

SS#2 SB 1233 22 (3) The date of acceptance and the period covered by the firm's most recently accepted peer review;

No member of the board or person who is HCS SS#2 SB 1233 45 involved in the peer review process shall be permitted or required to testify in any civil action, arbitration, SS#2 SB 1233 23 administrative proceeding or board proceeding as to any matters produced, presented, disclosed or discussed during or in connection with the peer review process or as to any findings, recommendations, evaluations, opinions or other actions of such committees or any of its members;

HCS SS#2 SB 1233 46 (1) A certified public accountant whose certificate was in full force and effect, issued pursuant to the laws of SS#2 SB 1233 24 this state prior to August 28, 2001, and who does not engage in the practice of public accounting, auditing, bookkeeping or any similar occupation, from using the title certified public accountant or abbreviation CPA;

Only persons holding a valid license or permit issued under section 326.280 or 326.289, or persons HCS SS#2 SB 1233 47 qualifying for the privilege to practice under section 326.283, and firms exempt from the permit requirement under SS#2 SB 1233 25 subsection 1 of section 326.289, shall assume or use the title certified accountant, chartered accountant, enrolled accountant, licensed accountant, registered accountant, accredited accountant or any other title or designation likely to be confused with the titles certified public accountant or public accountant, or use any of the abbreviations CA, LA, RA, AA or similar abbreviation likely to be confused with the abbreviation CPA or PA.

HCS SS#2 SB 1233 2648 "I (We) reviewed the accompanying (financial statements) of (name of entity) as of (time period) for the (period) then ended.

SS#2 SB 1233 27 7.

No licensee or firm holding a permit under sections 326.280 to 326.289 shall use a professional or firm name or designation that is misleading about the legal form of the HCS SS#2 SB 1233 49 firm, or about the persons who are partners, principals, officers, members, managers or shareholders of the firm, or about any other matter.

SS#2 SB 1233 28 11.

HCS SS#2 SB 1233 50 12.

SS#2 SB 1233 29 (2) A licensee who is not prohibited by this section from performing services for or receiving a commission and who is paid or expects to be paid a commission shall disclose in writing that fact to any person or entity to HCS SS#2 SB 1233 51 whom the licensee recommends or refers a product or service to which the commission relates.

SS#2 SB 1233 30 (3) A contingent fee is a fee established for the performance of any service pursuant to an arrangement in which no fee will be charged unless a specified finding or result is attained, or in which the amount of the fee is HCS SS#2 SB 1233 52 otherwise dependent upon the finding or result of the service.

327.011.

As used in this chapter, the following words and terms shall have the meanings indicated:

(1) "Accredited degree program from a school of architecture", a degree from any school or other institution which teaches architecture and whose curricula for the degree in question have been, at the time in question, certified as accredited by the National Architectural Accrediting Board;

(2) "Accredited degree program from a school of interior design", a degree from any school or other institution which teaches interior design and whose curricula for the degree in question have been, at the time in question, certified as accredited by the Council for Interior Design Accreditation or an accreditation body recognized by the United States Department of Education;

(3) "Accredited school of engineering", any school or other institution which teaches engineering and whose curricula on the subjects in question are or have been, at HCS SS#2 SB 1233 53 the time in question certified as accredited by the engineering accreditation commission of the accreditation board for engineering and technology or its successor organization;

[(3)] (4) "Accredited school of landscape architecture", any school or other institution which teaches landscape architecture and whose curricula on the subjects in question are or have been at the times in question certified as accredited by the Landscape Architecture Accreditation Board of the American Society of Landscape Architects;

[(4)] (5) "Architect", any person authorized pursuant to the provisions of this chapter to practice architecture in Missouri, as the practice of architecture is defined in section 327.091;

[(5)] (6) "Board", the Missouri board for architects, professional engineers, professional land surveyors [and], professional landscape architects, and licensed interior designers;

[(6)] (7) "Corporation", any general business corporation, professional corporation or limited liability company;

[(7)] (8) "Design coordination", the review and coordination of technical submissions prepared by others including, as appropriate and without limitation, architects, professional engineers, professional land surveyors, professional landscape architects, licensed interior designers, and other consultants;

[(8)] (9) "Design survey", a survey which includes all activities required to gather information to support the sound conception, planning, design, construction, maintenance, and operation of design projects, but excludes HCS SS#2 SB 1233 54 the surveying of real property for the establishment of land boundaries, rights-of-way, easements, and the dependent or independent surveys or resurveys of the public land survey system;

[(9)] (10) "Incidental practice", the performance of other professional services licensed under this chapter that are related to a licensee's professional service, but are secondary and substantially less in scope and magnitude when compared to the professional services usually and normally performed by the licensee practicing in their licensed profession.

This incidental professional service shall be safely and competently performed by the licensee without jeopardizing the health, safety, and welfare of the public.

The licensee shall be qualified by education, training, and experience as determined by the board and in sections 327.091, 327.181, 327.272, [and] 327.600, and 327.700 and applicable board rules to perform such incidental professional service;

(11) "Licensed interior designer", any person authorized pursuant to the provisions of this chapter to practice as a licensed interior designer in Missouri, as the practice of licensed interior design is defined in section 327.700;

[(10)] (12) "Licensee", a person licensed to practice any profession regulated under this chapter or a corporation authorized to practice any such profession;

[(11)] (13) "Partnership", any partnership or limited liability partnership;

[(12)] (14) "Person", any individual, corporation, firm, partnership, association or other entity authorized to do business;

HCS SS#2 SB 1233 55 [(13)] (15) "Professional engineer", any person authorized pursuant to the provisions of this chapter to practice as a professional engineer in Missouri, as the practice of engineering is defined in section 327.181;

[(14)] (16) "Professional land surveyor", any person authorized pursuant to the provisions of this chapter to practice as a professional land surveyor in Missouri as the practice of land surveying is defined in section 327.272;

[(15)] (17) "Professional landscape architect", any person authorized pursuant to the provisions of this chapter to practice as a professional landscape architect in Missouri as the practice of professional landscape architecture is defined in section 327.600;

[(16)] (18) "Responsible charge", the independent direct control of a licensee's work and personal supervision of such work pertaining to the practice of architecture, engineering, land surveying, [or] landscape architecture, or interior design.

327.031.

1.

The "Missouri Board for Architects, Professional Engineers, Professional Land Surveyors [and], Professional Landscape Architects, and Licensed Interior Designers" is hereby established and shall consist of [fifteen] seventeen members:

a chairperson, who may be either an architect, a professional engineer, a professional land surveyor, [or] a professional landscape architect, or a licensed interior designer;

three architects, who shall constitute the architectural division of the board;

four professional engineers, who shall constitute its professional engineering division;

three professional land surveyors, who shall constitute its professional land surveying division;

three professional landscape architects, who shall constitute its professional landscape HCS SS#2 SB 1233 56 architectural division;

two licensed interior designers, who shall constitute its licensed interior design division;

and a voting public member.

2.

After receiving his or her commission and before entering upon the discharge of his or her official duties, each member of the board shall take, subscribe to and file in the office of the secretary of state the official oath required by the constitution.

3.

The chairperson shall be the administrative and executive officer of the board, and it shall be his or her duty to supervise and expedite the work of the board and its divisions, and, at his or her election, when a tie exists between the divisions of the board, to break the tie by recording his or her vote for or against the action upon which the divisions are in disagreement.

Each member of the architectural division shall have one vote when voting on an action pending before the board;

each member of the professional engineering division shall have one vote when voting on an action pending before the board;

each member of the professional land surveying division shall have one vote when voting on an action pending before the board;

[and] each member of the professional landscape architectural division shall have one vote when voting on an action pending before the board;

and each member of the licensed interior design division shall have one vote when voting on an action pending before the board.

Every motion or proposed action upon which the divisions of the board are tied shall be deemed lost, and the chairperson shall so declare, unless the chairperson shall elect to break the tie as provided in this section.

[Eight] Nine voting members of the board, including at least one member of each division, HCS SS#2 SB 1233 57 shall constitute a quorum, respectively, for the transaction of board business.

4.

Each division of the board shall, at its first meeting in each even-numbered year, elect one of its members as division chairperson for a term of two years.

Two voting members of each division of the board shall constitute a quorum for the transaction of division business.

The chairpersons of the architectural division, professional engineering division, professional land surveying division, [and] professional landscape architectural division, and licensed interior design division so elected shall be vice chairpersons of the board[, and].

When the chairperson of the board is an architect, the chairperson of the architectural division shall be the ranking vice chairperson[, and];

when the chairperson of the board is a professional engineer, the chairperson of the professional engineering division shall be the ranking vice chairperson[,];

when the chairperson of the board is a professional land surveyor, the chairperson of the professional land surveying division shall be the ranking vice chairperson[, and];

when the chairperson of the board is a professional landscape architect, the chairperson of the professional landscape architectural division shall be the ranking vice chairperson;

and when the chairperson of the board is a licensed interior designer, the chairperson of the licensed interior design division shall be the ranking vice chairperson.

The chairperson of each division shall be the administrative and executive officer of his or her division, and it shall be his or her duty to supervise and expedite the work of the division, and, in case of a tie vote on any matter, the chairperson shall, at his or her election, break the tie by his or her vote.

Every motion or HCS SS#2 SB 1233 58 question pending before the division upon which a tie exists shall be deemed lost, and so declared by the chairperson of the division, unless the chairperson shall elect to break such tie by his or her vote.

5.

(1) Any person appointed to the board, except a public member, shall be a currently licensed architect, licensed professional engineer, licensed professional land surveyor [or], licensed professional landscape architect, or licensed interior designer in Missouri, as the vacancy on the board may require, who has been a resident of Missouri for at least five years, who has been engaged in active practice as an architect, professional engineer, professional land surveyor [or], professional landscape architect, or licensed interior designer, as the case may be, for at least ten consecutive years as a Missouri licensee immediately preceding such person's appointment, and who is and has been a citizen of the United States for at least five years immediately preceding such person's appointment.

(2) (a) Active service as a faculty member while holding the rank of assistant professor or higher in an accredited school of engineering shall be regarded as active practice of engineering, for the purposes of this chapter.

(b) Active service as a faculty member, after meeting the qualifications required by section 327.314, while holding the rank of assistant professor or higher in an accredited school of engineering and teaching land surveying courses shall be regarded as active practice of land surveying for the purposes of this chapter.

(c) Active service as a faculty member while holding the rank of assistant professor or higher in an accredited school of landscape architecture shall be regarded as active HCS SS#2 SB 1233 59 practice of landscape architecture, for the purposes of this chapter.

(d) Active service as a faculty member while holding the rank of assistant professor or higher in an accredited school of architecture shall be regarded as active practice of architecture for the purposes of this chapter;

provided, however, that no faculty member of an accredited school of architecture shall be eligible for appointment to the board unless such person has had at least three years' experience in the active practice of architecture other than in teaching.

(e) Active service as a faculty member while holding the rank of assistant professor or higher in an accredited school of interior design shall be regarded as active practice of licensed interior design for the purposes of this chapter, provided that no faculty member of an accredited school of interior design shall be eligible for appointment to the board unless such person has had at least three years of experience in the active practice of licensed interior design other than in teaching.

(3) 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 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 providing 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 HCS SS#2 SB 1233 60 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.

6.

The governor shall appoint the chairperson and the other members of the board when a vacancy occurs either by the expiration of a term or otherwise, and each board member shall serve until such member's successor is appointed and has qualified.

The position of chairperson shall rotate sequentially with an architect, then professional engineer, then professional land surveyor, then licensed interior designer, and then professional landscape architect, and shall be a licensee who has previously served as a member of the board.

The appointment of the chairperson shall be for a term of four years which shall be deemed to have begun on the date of his or her appointment and shall end upon the appointment of the chairperson's successor.

The chairperson shall not serve more than one term.

All other appointments, except to fill an unexpired term, shall be for terms of four years;

but no person shall serve on the board for more than two consecutive four-year terms, and each four-year term shall be deemed to have begun on the date of the expiration of the term of the board member who is being replaced or reappointed, as the case may be.

Any appointment to the board which is made when the senate is not in session shall be submitted to the senate for its advice and consent at its next session following the date of the appointment.

7.

In the event that a vacancy is to occur on the board because of the expiration of a term, then ninety days prior to the expiration, or as soon as feasible after a HCS SS#2 SB 1233 61 vacancy otherwise occurs, the president of the American Institute of Architects/Missouri if the vacancy to be filled requires the appointment of an architect, the president of the Missouri Society of Professional Engineers if the vacancy to be filled requires the appointment of a professional engineer, the president of the Missouri Society of Professional Surveyors if the vacancy to be filled requires the appointment of a professional land surveyor, [and] the president of the Missouri Association of Landscape Architects if the vacancy to be filled requires the appointment of a professional landscape architect, and the president or other chief executive of any Missouri chapter of the International Interior Design Association if the vacancy to be filled requires the appointment of a licensed interior designer, shall submit to the director of the division of professional registration a list of five architects [or], five professional engineers, [or] five professional land surveyors, [or] five professional landscape architects, or five licensed interior designers, as the case may require, qualified and willing to fill the vacancy in question, with the recommendation that the governor appoint one of the five persons so listed;

and with the list of names so submitted, the president or other chief executive of the appropriate organization shall include in a letter of transmittal a description of the method by which the names were chosen.

This subsection shall not apply to public member vacancies.

8.

The board may sue and be sued as the Missouri board for architects, professional engineers, professional land surveyors [and], professional landscape architects, and licensed interior designers, and its members need not be named as parties.

Members of the board shall not be HCS SS#2 SB 1233 62 personally liable either jointly or severally for any act or acts committed in the performance of their official duties as board members, nor shall any board member be personally liable for any court costs which accrue in any action by or against the board.

9.

Upon appointment by the governor and confirmation by the senate of the two licensed interior designers to be first appointed to the interior design division of the board, the interior design council shall be abolished and all of its powers, duties, and responsibilities shall be transferred and imposed upon the board pursuant to this section.

Every act performed by or under the authority of the board shall be deemed to have the same force and effect as if performed by the interior design council pursuant to the authority granted to the interior design council prior to August 28, 2026.

All rules of the interior design council shall continue in effect and shall be deemed to be duly adopted by the board until such rules are revised, amended, or repealed by the board as provided by law, of which such action shall be taken by the board on or before January 1, 2027.

327.041.

1.

The board shall have the duty and the power to carry out the purposes and to enforce and administer the provisions of this chapter, to require, by summons or subpoena, with the vote of two-thirds of the voting board members, the attendance and testimony of witnesses, and the production of drawings, plans, plats, specifications, books, papers or any document representing any matter under hearing or investigation, pertaining to the issuance, probation, suspension or revocation of certificates of registration or certificates of authority provided for in this chapter, or pertaining to the unlawful HCS SS#2 SB 1233 63 practice of architecture, professional engineering, professional land surveying [or], professional landscape architecture, or licensed interior design.

2.

The board shall, within the scope and purview of the provisions of this chapter, prescribe the duties of its officers and employees and adopt, publish and enforce the rules and regulations of professional conduct which shall establish and maintain appropriate standards of competence and integrity in the professions of architecture, professional engineering, professional land surveying [and], professional landscape architecture, and licensed interior design, and adopt, publish and enforce procedural rules and regulations as may be considered by the board to be necessary or proper for the conduct of the board's business and the management of its affairs, and for the effective administration and interpretation of the provisions of this chapter.

Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this chapter shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028.

This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 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, 2001, shall be invalid and void.

3.

Rules promulgated by the board pursuant to sections 327.272 to 327.635 shall be consistent with and shall not supersede the rules promulgated by the department of natural resources pursuant to chapter 60.

HCS SS#2 SB 1233 64 327.081.

1.

All funds received pursuant to the provisions of this chapter shall be deposited in the state treasury to the credit of the "State Board for Architects, Professional Engineers, Professional Land Surveyors [and], Professional Landscape Architects, and Licensed Interior Designers Fund" which is hereby established.

All expenditures authorized by this chapter shall be paid from funds appropriated to the board by the general assembly from this fund.

2.

The provisions of section 33.080 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 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.

3.

Upon appointment by the governor and confirmation by the senate of the two licensed interior designers to be first appointed to the interior design division of the board, all moneys in the interior designer council fund shall be transferred to the state board for architects, professional engineers, professional land surveyors, professional landscape architects, and licensed interior designers fund.

The interior designer council fund shall be abolished upon the transfer of all moneys in the fund to the state board for architects, professional engineers, HCS SS#2 SB 1233 65 professional land surveyors, professional landscape architects, and licensed interior designers fund.

327.381.

The board may license, in its discretion, any architect, professional engineer, professional land surveyor, or professional landscape architect who is licensed, or any interior designer who is licensed, certified, or registered, in another state or territory of the United States, province of Canada, or in another country, when such applicant has qualifications which are at least equivalent to the requirements for licensure as an architect, professional engineer, professional land surveyor, [or] professional landscape architect, or licensed interior designer in this state, and provided further that the board may establish by rule the conditions under which it shall require any such applicant to take any examination it considers necessary, and provided further that any such application is accompanied by the required fee.

327.411.

1.

Each architect and each professional engineer and each professional land surveyor and each professional landscape architect and each licensed interior designer shall have a personal seal in a form prescribed by the board, and he or she shall affix the seal to all final technical submissions.

Technical submissions shall include, but are not limited to, drawings, specifications, plats, surveys, exhibits, reports, and certifications of construction prepared by the licensee, or under such licensee's immediate personal supervision.

Such licensee shall either prepare or personally supervise the preparation of all documents sealed by the licensee, and such licensee shall be held personally responsible for the contents of all such documents sealed by such licensee, whether prepared or drafted by another licensee or not.

HCS SS#2 SB 1233 66 2.

The personal seal of an architect or professional engineer or professional land surveyor or professional landscape architect or licensed interior designer shall be the legal equivalent of the licensee's signature whenever and wherever used, and the owner of the seal shall be responsible for the architectural, engineering, land surveying, [or] landscape architectural, or interior design documents, as the case may be, when the licensee places his or her personal seal on such technical submissions to be used in connection with, any architectural or engineering project, survey, [or] landscape architectural project, or interior alteration or construction project, as such term is defined in section 327.700.

Licensees shall undertake to perform architectural, professional engineering, professional land surveying [and], professional landscape architectural, and licensed interior design services only when they are qualified by education, training, and experience in the specific technical areas involved.

3.

Notwithstanding any provision of this section, any architect, professional engineer, professional land surveyor, [or] professional landscape architect, or licensed interior designer may, but is not required to, attach a statement over his or her signature, authenticated by his or her personal seal, specifying the particular technical submissions, or portions thereof, intended to be authenticated by the seal, and disclaiming any responsibility for all other technical submissions relating to or intended to be used for any part or parts of the architectural or engineering project [or], survey [or], landscape architectural project, or interior alteration or construction project, as such term is defined in section 327.700.

HCS SS#2 SB 1233 67 4.

Nothing in this section, or any rule or regulation of the board shall require any professional to seal preliminary or incomplete documents.

327.442.

1.

At such time as the final trial proceedings are concluded whereby a licensee, or any person who has failed to renew or has surrendered his or her certificate of licensure or authority, has been finally adjudicated and found guilty, or has entered a plea of guilty or nolo contendere, in a [felony] criminal prosecution pursuant to the laws of [this] any state, [the laws of any other state, territory, or the laws] of the United States [of America], or of any country for any offense [reasonably] directly related to the [qualifications, functions, or] duties [of a licensee 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,] and responsibilities of the occupation, as set forth in section 324.012, regardless of whether or not sentence is imposed, the board for architects, professional engineers, professional land surveyors [and], professional landscape architects, and licensed interior designers may hold a disciplinary hearing to singly or in combination censure or place the licensee 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 or certificate.

2.

Anyone who has been revoked or denied a license or certificate to practice in another state may automatically be denied a license or certificate to practice in this state.

However, the board for architects, professional HCS SS#2 SB 1233 68 engineers, professional land surveyors [and], professional landscape architects, and licensed interior designers may establish other qualifications by which a person may ultimately be qualified and licensed to practice in Missouri.

327.451.

1.

Any person who believes that an architect or a professional engineer or a professional land surveyor or a professional landscape architect or a licensed interior designer has acted or failed to act so that his or her license or certificate of authority should, pursuant to the provisions of this chapter, be suspended or revoked, or who believes that any applicant for a license or certificate of authority pursuant to the provisions of this chapter is not entitled to a license or a certificate of authority, may file a written affidavit with the executive director of the board which the affiant shall sign and swear to and in which the affiant shall clearly set forth the reasons for the affiant's charge or charges that the license or certificate of authority of an architect or professional engineer or professional land surveyor or professional landscape architect or licensed interior designer should be suspended or revoked or not renewed or that a license or certificate of authority should not be issued to an applicant.

2.

If the affidavit so filed does not contain statements of fact which if true would authorize, pursuant to the provisions of this chapter, suspension or revocation of the accused's license or certificate of authority, or does not contain statements of fact which if true would authorize, pursuant to the provisions of this chapter, the refusal of the renewal of an existing license or certificate of authority or the refusal of a license or certificate of authority to an applicant, the board shall either dismiss the charge or charges or, within its discretion, cause an HCS SS#2 SB 1233 69 investigation to be made of the charges contained in the affidavit, after which investigation the board shall either dismiss the charge or charges or proceed against the accused by written complaint as provided in subsection 3 of this section.

3.

If the affidavit contains statements of fact which if true would authorize pursuant to the provisions of this chapter the revocation or suspension of an accused's license or certificate of authority, the board shall cause an investigation to be made of the charge or charges contained in the affidavit and unless the investigation discloses the falsity of the facts upon which the charge or charges in the affidavit are based, the board shall file with and in the administrative hearing commission a written complaint against the accused setting forth the cause or causes for which the accused's license or certificate of authority should be suspended or revoked.

Thereafter, the board shall be governed by and shall proceed in accordance with the provisions of chapter 621.

4.

If the charges contained in the affidavit filed with the board would constitute a cause or causes for which pursuant to the provisions of this chapter an accused's license or certificate of authority should not be renewed or a cause or causes for which pursuant to the provisions of this chapter a certificate should not be issued, the board shall cause an investigation to be made of the charge or charges and unless the investigation discloses the falsity of the facts upon which the charge or charges contained in the affidavit are based, the board shall refuse to permit an applicant to be examined upon the applicant's qualifications for licensure or shall refuse to issue or renew a license or certificate of authority, as the case may require.

HCS SS#2 SB 1233 70 5.

The provisions of this section shall not be so construed as to prevent the board on its own initiative from instituting and conducting investigations and based thereon to make written complaints in and to the administrative hearing commission.

6.

If for any reason the provisions of chapter 621 become inapplicable to the board, then, and in that event, the board shall proceed to charge, adjudicate and otherwise act in accordance with the provisions of chapter 536.

[324.400.] 327.700.

As used in sections [324.400 to 324.439] 327.700 to 327.750, the following terms mean:

(1) ["Council", the interior design council created in section 324.406;

(2) "Division", the division of professional registration;

(3) "Registered interior designer", a design professional who provides services including preparation of documents and specifications relative to nonload-bearing interior construction, furniture, finishes, fixtures and equipment and who meets the criteria of education, experience and examination as provided in sections 324.400 to 324.439] "Building equipment", any mechanical, plumbing, electrical, or structural components, including a conveyance, designed for or located in a building or structure;

(2) "Conveyance", an elevator, dumbwaiter, vertical reciprocating conveyor, escalator, or other motorized vertical transportation system;

(3) "Interior alteration or construction project", a project, including construction, modification, renovation, rehabilitation, or historic preservation, for an interior HCS SS#2 SB 1233 71 space or area within a proposed or existing building or structure that involves changing or altering:

(a) The design function or layout of a room;

or (b) The state of permanent fixtures or equipment;

(4) "Interior nonstructural element", an interior design element that does not require structural bracing and that is not load-bearing according to any applicable building codes;

(5) "Interior technical submission", the designs, drawings, and specifications that establish the scope of the interior alteration or construction project, the standard of quality for any materials, workmanship, equipment, and construction systems of an interior alteration or construction project, and the studies and other technical reports and calculations prepared in the course of the practice of licensed interior design;

(6) "Practice of licensed interior design", the design of interior spaces as a part of an interior alteration or construction project in conformity with public health, safety, and welfare requirements, including the preparation of documents relating to building code descriptions, project egress plans that require no increase in the capacity of exits in the space affected, space planning, and finish materials, and the preparation of documents and interior technical submissions relating to an interior alteration or construction project.

The term "practice of licensed interior design":

(a) Shall include:

a.

The programming, planning, pre-design analysis, and conceptual design of any interior nonstructural elements including, but not limited to, the selection of materials, except for building equipment;

HCS SS#2 SB 1233 72 b.

The alteration or construction of any interior nonstructural elements and any interior technical submissions related to such alteration or construction;

c.

The preparation of a physical plan of space within a proposed or existing building or structure, including:

(i) Determinations of circulation systems or patterns;

(ii) Determinations of the location of exit requirements based on occupancy loads;

and (iii) Assessments and analyses of any interior safety factors to comply with applicable building codes related to interior nonstructural elements;

d.

The rendering of designs, plans, drawings, specifications, contract documents, or other interior technical submissions;

and e.

The administration of the construction of interior nonstructural elements and contracts relating to interior nonstructural elements in the interior alteration or construction of a proposed or existing building or structure;

and (b) Shall not include:

a.

Services or work that constitute the practice of architecture, as provided in section 327.091, except as otherwise provided for in this chapter;

b.

Services or work that constitute the practice of professional engineering, as provided in section 327.181;

c.

Services or work that constitute the practice of professional land surveying, as provided in section 327.272;

d.

Services or work that constitute the practice of professional landscape architecture, as defined in section 327.600;

HCS SS#2 SB 1233 73 e.

Altering or affecting the structural system and seismic system of a building, including changing the building's live or dead load on the structural system;

f.

Changes to the building envelope, including exterior walls, exterior wall coverings, exterior wall openings, exterior windows or doors, architectural trim, balconies and similar projections, bay or oriel windows, roof assemblies and rooftop structures, and glass and glazing for exterior use in both vertical, horizontal, and sloped applications in buildings and structures;

g.

Altering or affecting the mechanical, plumbing, heating, air conditioning, ventilation, electrical, vertical transportation, fire sprinkler, or fire alarm systems, and any building elements, spaces, or areas that are for the purpose of containing such systems;

h.

Changes beyond the exit access component of a means of egress system;

i.

Construction that materially affects any life safety systems pertaining to fire safety or fire protection of structural elements, smoke evacuation and compartmentalization systems, or fire-rated vertical shafts in multi-story structures;

j.

Changes to the existing use group for an occupancy;

k.

Changes to the construction classification of the building or structure according to any applicable building codes;

l.

Creating or modifying any atriums, floor openings, community spaces, or vertical openings;

or m.

Any person who renders services within the practice of licensed interior design in connection with the construction, remodeling, or repairing of any privately owned building described in item (i), (ii), or (iii) of this HCS SS#2 SB 1233 74 subparagraph, and who indicates on any drawings, specifications, estimates, reports, or other documents furnished in connection with the services within the practice of licensed interior design that the person is not a licensed interior designer:

(i) A dwelling house;

(ii) A multiple family dwelling house, flat, or apartment containing not more than two families;

or (iii) Any one building or structure, except for those buildings or structures used exclusively for agricultural purposes, which provides for the employment, assembly, housing, sleeping, or eating of not more than nine persons, contains less than two thousand square feet, and is not part of another building or structure.

[324.402.] 327.705.

The state or any county, municipality, or other political subdivision shall not require the use of a [registered] licensed interior designer for any residential building, residential remodeling, residential rehabilitation, or residential construction purposes.

[324.403.] 327.710.

1.

No person may use the name or title, [registered] licensed interior designer, in this state unless that person is [registered] licensed as required by sections [324.400 to 324.439] 327.700 to 327.750.

2.

A licensed interior designer shall undertake to perform services within the practice of licensed interior design only when he or she is qualified by education, training, and experience in the specific technical areas involved.

3.

Licensed interior designers shall be in responsible charge of interior design technical submissions that can affect the health, safety, and welfare of the public within HCS SS#2 SB 1233 75 their scope of practice.

Licensed interior designers shall not take responsible charge over interior technical submissions prepared by another person unless the licensed interior designer reviewing such interior technical submissions actually exercises personal supervision and direct control over the interior technical submissions.

Nothing in [sections 324.400 to 324.439] this chapter shall be construed as limiting or preventing the practice of a person's interior design profession or restricting a person from providing [interior design] services within the practice of licensed interior design, provided such person does not indicate to the public that such person is [registered] licensed as an interior designer pursuant to the provisions of sections [324.400 to 324.439] 327.700 to 327.750.

4.