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House Bill No. 705 100Th General Assembly

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House Bill No. 705 100Th General Assembly FIRST REGULAR SESSION SENATE COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 705 100TH GENERAL ASSEMBLY Reported from the Committee on Professional Registration, May 2, 2019, with recommendation that the Senate Committee Substitute do pass. ADRIANE D. CROUSE, Secretary. 1584S.05C AN ACT To repeal sections 193.015, 195.100, 326.289, 327.401, 333.041, 334.037, 334.104, 334.108, 334.702, 334.704, 334.706, 334.708, 334.710, 334.712, 334.715, 334.717, 334.719, 334.721, 334.725, 334.735, 334.736, 334.747, 334.749, 335.016, 335.046, 335.051, 335.056, 335.076, 335.086, 336.080, 337.020, 337.029, 337.050, 338.010, 338.140, 339.190, 630.175, and 630.875, RSMo, and to enact in lieu thereof sixty-eight new sections relating to professional registration, with penalty provisions. Be it enacted by the General Assembly of the State of Missouri, as follows: Section A. Sections 193.015, 195.100, 326.289, 327.401, 333.041, 334.037, 2 334.104, 334.108, 334.702, 334.704, 334.706, 334.708, 334.710, 334.712, 334.715, 3 334.717, 334.719, 334.721, 334.725, 334.735, 334.736, 334.747, 334.749, 335.016, 4 335.046, 335.051, 335.056, 335.076, 335.086, 336.080, 337.020, 337.029, 337.050, 5 338.010, 338.140, 339.190, 630.175, and 630.875, RSMo, are repealed and sixty- 6 eight new sections enacted in lieu thereof, to be known as sections 193.015, 7 195.100, 324.025, 324.035, 324.950, 324.953, 324.956, 324.959, 324.962, 324.965, 8 324.968, 324.971, 324.977, 324.980, 324.983, 326.289, 327.401, 333.041, 334.037, 9 334.104, 334.108, 334.702, 334.703, 334.704, 334.706, 334.708, 334.710, 334.712, 10 334.715, 334.717, 334.721, 334.725, 334.726, 334.735, 334.736, 334.747, 334.749, 11 334.1000, 334.1005, 334.1010, 334.1015, 334.1020, 334.1025, 334.1030, 334.1035, 12 334.1040, 334.1045, 334.1050, 334.1055, 334.1060, 334.1065, 334.1070, 335.016, 13 335.046, 335.047, 335.051, 335.056, 335.076, 335.086, 336.080, 337.020, 337.029, 14 337.050, 338.010, 338.140, 339.190, 630.175, and 630.875, to read as follows: 193.015. As used in sections 193.005 to 193.325, unless the context clearly EXPLANATION--Matter enclosed in bold-faced brackets [thus] in this bill is not enacted and is intended to be omitted in the law. SCS HB 705 2 2 indicates otherwise, the following terms shall mean: 3 (1) "Advanced practice registered nurse", a person licensed to practice as 4 an advanced practice registered nurse under chapter 335, and who has been 5 delegated tasks outlined in section 193.145 by a physician with whom they have 6 entered into a collaborative practice arrangement under chapter 334; 7 (2) "Assistant physician", as such term is defined in section 334.036, and 8 who has been delegated tasks outlined in section 193.145 by a physician with 9 whom they have entered into a collaborative practice arrangement under chapter 10 334; 11 (3) "Dead body", a human body or such parts of such human body from the 12 condition of which it reasonably may be concluded that death recently occurred; 13 (4) "Department", the department of health and senior services; 14 (5) "Final disposition", the burial, interment, cremation, removal from the 15 state, or other authorized disposition of a dead body or fetus; 16 (6) "Institution", any establishment, public or private, which provides 17 inpatient or outpatient medical, surgical, or diagnostic care or treatment or 18 nursing, custodian, or domiciliary care, or to which persons are committed by law; 19 (7) "Live birth", the complete expulsion or extraction from its mother of 20 a child, irrespective of the duration of pregnancy, which after such expulsion or 21 extraction, breathes or shows any other evidence of life such as beating of the 22 heart, pulsation of the umbilical cord, or definite movement of voluntary muscles, 23 whether or not the umbilical cord has been cut or the placenta is attached; 24 (8) "Physician", a person authorized or licensed to practice medicine or 25 osteopathy pursuant to chapter 334; 26 (9) "Physician assistant", a person licensed to practice as a physician 27 assistant pursuant to chapter 334, and who has been delegated tasks outlined in 28 section 193.145 by a physician with whom they have entered into a [supervision 29 agreement] collaborative practice arrangement under chapter 334; 30 (10) "Spontaneous fetal death", a noninduced death prior to the complete 31 expulsion or extraction from its mother of a fetus, irrespective of the duration of 32 pregnancy; the death is indicated by the fact that after such expulsion or 33 extraction the fetus does not breathe or show any other evidence of life such as 34 beating of the heart, pulsation of the umbilical cord, or definite movement of 35 voluntary muscles; 36 (11) "State registrar", state registrar of vital statistics of the state of 37 Missouri; SCS HB 705 3 38 (12) "System of vital statistics", the registration, collection, preservation, 39 amendment and certification of vital records; the collection of other reports 40 required by sections 193.005 to 193.325 and section 194.060; and activities related 41 thereto including the tabulation, analysis and publication of vital statistics; 42 (13) "Vital records", certificates or reports of birth, death, marriage, 43 dissolution of marriage and data related thereto; 44 (14) "Vital statistics", the data derived from certificates and reports of 45 birth, death, spontaneous fetal death, marriage, dissolution of marriage and 46 related reports. 195.100. 1. It shall be unlawful to distribute any controlled substance in 2 a commercial container unless such container bears a label containing an 3 identifying symbol for such substance in accordance with federal laws. 4 2. It shall be unlawful for any manufacturer of any controlled substance 5 to distribute such substance unless the labeling thereof conforms to the 6 requirements of federal law and contains the identifying symbol required in 7 subsection 1 of this section. 8 3. The label of a controlled substance in Schedule II, III or IV shall, when 9 dispensed to or for a patient, contain a clear, concise warning that it is a criminal 10 offense to transfer such narcotic or dangerous drug to any person other than the 11 patient. 12 4. Whenever a manufacturer sells or dispenses a controlled substance and 13 whenever a wholesaler sells or dispenses a controlled substance in a package 14 prepared by him or her, the manufacturer or wholesaler shall securely affix to 15 each package in which that drug is contained a label showing in legible English 16 the name and address of the vendor and the quantity, kind, and form of 17 controlled substance contained therein. No person except a pharmacist for the 18 purpose of filling a prescription under this chapter, shall alter, deface, or remove 19 any label so affixed. 20 5. Whenever a pharmacist or practitioner sells or dispenses any controlled 21 substance on a prescription issued by a physician, physician assistant, dentist, 22 podiatrist, veterinarian, or advanced practice registered nurse, the pharmacist or 23 practitioner shall affix to the container in which such drug is sold or dispensed 24 a label showing his or her own name and address of the pharmacy or practitioner 25 for whom he or she is lawfully acting; the name of the patient or, if the patient 26 is an animal, the name of the owner of the animal and the species of the animal; 27 the name of the physician, physician assistant, dentist, podiatrist, advanced SCS HB 705 4 28 practice registered nurse, or veterinarian by whom the prescription was written; 29 the name of the collaborating physician if the prescription is written by an 30 advanced practice registered nurse or [the supervising physician if the 31 prescription is written by] a physician assistant, and such directions as may be 32 stated on the prescription. No person shall alter, deface, or remove any label so 33 affixed. 324.025. 1. The provisions of this section shall be known and may 2 be cited as the "Expanded Workforce Access Act of 2019". 3 2. For purposes of this section, the following terms mean: 4 (1) "Apprenticeship", a program that meets the federal guidelines 5 set out in 29 CFR Part 29 and 29 U.S.C. Section 50; 6 (2) "License", a license, certificate, registration, permit, or 7 accreditation that enables a person to legally practice an occupation, 8 profession, or activity in the state; 9 (3) "Licensing authority", an agency, examining board, 10 credentialing board, or other office of the state with the authority to 11 impose occupational fees or licensing requirements on any profession. 12 3. Beginning January 1, 2020, within the parameters established 13 under the federal Labor Standards For the Registration of 14 Apprenticeship Programs under 29 CFR Part 29 and 29 U.S.C. Section 15 50, each state licensing authority shall grant a license to any applicant 16 who meets the following criteria: 17 (1) Successfully completed the eighth grade; 18 (2) Completed an apprenticeship approved by the appropriate 19 licensing authority or the United States Department of Labor, or 20 otherwise authorized under state or federal law. This apprenticeship 21 may be completed under the supervision of a state-licensed practitioner 22 or at a state-licensed school; and 23 (3) Passed the required licensure examination, if one is deemed 24 to be necessary, under state law.
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