Bill Text: MO HB2226 | 2010 | Regular Session | Engrossed
Bill Title: Changes the laws regarding the regulation and licensing of certain professions
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2010-07-07 - Delivered to Secretary of State (G) [HB2226 Detail]
Download: Missouri-2010-HB2226-Engrossed.html
SECOND REGULAR SESSION
[PERFECTED]
95TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE WASSON.
5205L.01P D. ADAM CRUMBLISS, Chief Clerk
AN ACT
To repeal sections 337.700, 337.703, 337.706, 337.715, 337.718, 337.727, and 337.739, RSMo, and to enact in lieu thereof eight new sections relating to marital and family therapists.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 337.700, 337.703, 337.706, 337.715, 337.718, 337.727, and 337.739, RSMo, are repealed and eight new sections enacted in lieu thereof, to be known as sections 337.700, 337.703, 337.705, 337.706, 337.715, 337.718, 337.727, and 337.739, to read as follows:
337.700. As used in sections 337.700 to 337.739, the following terms mean:
(1) "Committee", the state committee for family and marital therapists;
(2) "Department", the Missouri department of insurance, financial institutions and professional registration;
(3) "Director", the director of the division of professional registration;
(4) "Division", the division of professional registration;
(5) "Fund", the marital and family therapists' fund created in section 337.712;
(6) "Licensed marital and family therapist", a person to whom a license has been issued pursuant to the provisions of sections 337.700 to 337.739, whose license is in force and not suspended or revoked;
(7) "Marital and family therapy", the use of scientific and applied marriage and family theories, methods and procedures for the purpose of describing, diagnosing, evaluating and modifying marital, family and individual behavior within the context of marital and family systems, including the context of marital formation and dissolution. Marriage and family therapy is based on systems theories, marriage and family development, normal and dysfunctional behavior, human sexuality and psychotherapeutic, marital and family therapy theories and techniques and includes the use of marriage and family therapy theories and techniques in the diagnosis, evaluation, assessment and treatment of intrapersonal or interpersonal dysfunctions within the context of marriage and family systems. Marriage and family therapy may also include clinical research into more effective methods for the treatment and prevention of the above-named conditions;
(8) "Practice of marital and family therapy", the rendering of professional marital and family therapy services to individuals, family groups and marital pairs, singly or in groups, whether such services are offered directly to the general public or through organizations, either public or private, for a fee, monetary or otherwise;
(9) "Provisional licensed marital and family therapist", any person who is a graduate of an acceptable education institution described in subsection 1 of section 337.715 with at least a master's degree in marital and family therapy, or its equivalent, and meets all requirements of a licensed marital and family therapist other than the supervised clinical experience set forth in section 337.715, and who is supervised by a person who is qualified to be a supervisor, as defined by rule of the division.
337.703. No person shall use the title of "licensed marital and family therapist", "marital and family therapist", "provisional licensed marital and family therapist", or engage in the practice of marital and family therapy in this state unless the person is licensed as required by the provisions of sections 337.700 to 337.739. Sections 337.700 to 337.739 shall not apply to:
(1) Any person registered, certificated or licensed by this state, another state or any recognized national certification agent acceptable to the division to practice any other occupation or profession while rendering services similar in nature to marital and family therapy in the performance of the occupation or profession in which the person is registered, certificated or licensed, so long as the person does not use the title of "licensed marital and family therapist", "marital and family therapist", or "provisional licensed marital and family therapist";
(2) The practice of any marital and family therapist who is employed by any political subdivision, school district, agency or department of the state of Missouri while discharging the therapist's duties in that capacity; and
(3) Duly ordained ministers or clergy, religious workers and volunteers or Christian Science Practitioners.
337.705. No official, employee, board, commission, or agency of the state of Missouri, any county, municipality, school district, or other political subdivision of this state shall discriminate between persons licensed under sections 337.700 to 337.739 when promulgating rules or when requiring or recommending services that legally may be performed by persons licensed under sections 337.700 to 337.739.
337.706. 1. For a period of six months from September 1, 1995, a person may apply for licensure without examination and shall be exempt from the academic requirements of sections 337.700 to 337.739 if the division is satisfied that the applicant:
(1) Has been a resident of the state of Missouri for at least the last six months; and
(2) Holds a valid license as a marital and family therapist from another state.
2. The division may determine by administrative rule the types of documentation needed to verify that an applicant meets the qualifications provided in subsection 1 of this section.
3. [After March 1, 1996,] No person may engage in marital and family therapy for compensation or hold himself or herself out as a "licensed marital and family therapist", "marital and family therapist", [or] "provisional licensed marital and family therapist", or "supervised marital and family therapist" unless the person complies with all educational and examination requirements and is licensed in accordance with the provisions of sections 337.700 to 337.739.
337.715. 1. Each applicant for licensure or provisional licensure as a marital and family therapist shall furnish evidence to the committee that:
(1) The applicant has a master's degree or a doctoral degree in marital and family therapy, or its equivalent, from an acceptable educational institution accredited by a regional accrediting body or accredited by an accrediting body which has been approved by the United States Department of Education;
(2) The applicant for licensure as a marital and family therapist has twenty-four months of postgraduate supervised clinical experience acceptable to the division, as the division determines by rule;
(3) After August 28, 2008, the applicant shall have completed a minimum of three semester hours of graduate-level course work in diagnostic systems either within the curriculum leading to a degree as defined in subdivision (1) of this subsection or as post-master's graduate-level course work. Each applicant shall demonstrate supervision of diagnosis as a core component of the postgraduate supervised clinical experience as defined in subdivision (2) of this subsection;
(4) Upon examination, the applicant is possessed of requisite knowledge of the profession, including techniques and applications research and its interpretation and professional affairs and ethics;
(5) The applicant is at least eighteen years of age, is of good moral character, is a United States citizen or has status as a legal resident alien, and has not been convicted of a felony during the ten years immediately prior to application for licensure.
2. Any person otherwise qualified for licensure holding a current license, certificate of registration, or permit from another state or territory of the United States or the District of Columbia to practice marriage and family therapy may be granted a license without examination to engage in the practice of marital and family therapy in this state upon application to the state committee, payment of the required fee as established by the state committee, and satisfaction of the following:
(1) Determination by the state committee that the requirements of the other state or territory are substantially the same as Missouri;
(2) Verification by the applicant's licensing entity that the applicant has a current license; and
(3) Consent by the applicant to examination of any disciplinary history in any state.
3. The state committee shall issue a license to each person who files an application and fee as required by the provisions of sections 337.700 to 337.739.
337.718. 1. Each license issued pursuant to the provisions of sections 337.700 to 337.739 shall expire on a renewal date established by the director. The term of licensure shall be twenty-four months; however, the director may establish a shorter term for the first licenses issued pursuant to sections 337.700 to 337.739. The division shall renew any license upon application for a renewal and upon payment of the fee established by the division pursuant to the provisions of section 337.712. Effective August 28, 2008, as a prerequisite for renewal, each [licensee] licensed marital and family therapist shall furnish to the committee satisfactory evidence of the completion of the requisite number of hours of continuing education as defined by rule, which shall be no more than forty contact hours biennially. The continuing education requirements may be waived by the committee upon presentation to the committee of satisfactory evidence of illness or for other good cause.
2. The committee may issue temporary permits to practice under extenuating circumstances as determined by the committee and defined by rule.
337.727. The committee shall promulgate rules and regulations pertaining to:
(1) The form and content of license applications required by the provisions of sections 337.700 to 337.739 and the procedures for filing an application for an initial or renewal license in this state;
(2) Fees required by the provisions of sections 337.700 to 337.739;
(3) The content, conduct and administration of the licensing examination required by section 337.715;
(4) The characteristics of supervised clinical experience as that term is used in section 337.715;
(5) The equivalent of the basic educational requirements set forth in section 337.715;
(6) The standards and methods to be used in assessing competency as a [licensed] marital and family therapist;
(7) Establishment and promulgation of procedures for investigating, hearing and determining grievances and violations occurring under the provisions of sections 337.700 to 337.739;
(8) Development of an appeal procedure for the review of decisions and rules of administrative agencies existing under the constitution or laws of this state;
(9) Establishment of a policy and procedure for reciprocity with other states, including states which do not have marital and family therapist licensing laws or states whose licensing laws are not substantially the same as those of this state; and
(10) Any other policies or procedures necessary to the fulfillment of the requirements of sections 337.700 to 337.739.
337.739. 1. There is created and established the "State Committee of Marital and Family Therapists" which shall consist of four family and marital therapists and two voting public members. The committee shall be appointed by the governor with the advice and consent of the senate. Committee members shall serve for a term of five years, except for the members first appointed, one public member and one other member shall be appointed for five years, two members shall be appointed for four years, the other public member and one other member appointed for three years. No person shall be eligible for appointment to the committee who has served as a member of the committee for a total of ten years. Members shall be appointed to represent a diversity in gender, race and ethnicity. No more than three members shall be from the same political party.
2. Each nonpublic committee member shall be a resident of the state of Missouri for one year, shall be a United States citizen, and shall meet all the requirements for licensing enumerated in sections 337.700 to 337.739, shall be licensed [pursuant to] as a licensed marital and family therapist under sections 337.700 to 337.739, except the members of the first committee, who shall be licensed within six months of their appointment, and are actively engaged in the practice of marital and family therapy. If a member of the committee shall, during the member's term as a committee member, remove the member's domicile from the state of Missouri, then the committee shall immediately notify the governor, and the seat of that committee member shall be declared vacant. All such vacancies shall be filled by appointment as in the same manner as the first appointment, and the member so appointed shall serve for the unexpired term of the member whose seat has been declared vacant. The public members shall be at the time of each member's appointment a citizen of the United States; a resident of this state for a period of one year and a registered voter; a person who is not and never was a member of any profession licensed or regulated pursuant to this chapter or the spouse of such person; a person who does not have and never has had a material, financial interest in either the provision of the professional services regulated by this chapter, or an activity or organization directly related to any profession licensed or regulated pursuant to this chapter.
3. The committee shall hold a regular annual meeting at which it shall select from among its members a chairman and a secretary. A quorum of the committee shall consist of a majority of its members. In the absence of the chairman, the secretary shall conduct the office of the chairman.
4. No member of the committee shall receive any compensation for the performance of the member's official duties but shall be entitled to reimbursement for necessary and actual expenses incurred in the performance of the member's duties. The committee shall share resources and facilities with the office for the committee for professional counselors provided for in sections 337.500 to 337.540. All staff for the committee shall be provided by the director of the division of professional registration.
5. The governor may remove any member of the committee for misconduct, inefficiency, incompetency or neglect of office.
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