HOUSE BILL NO. 1813 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE NOLTE.
5610H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To repeal section 324.009, RSMo, and to enact in lieu thereof one new section relating to licensure reciprocity.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 324.009, RSMo, is repealed and one new section enacted in lieu 2 thereof, to be known as section 324.009, to read as follows: 324.009. 1. For purposes of this section, the following terms mean: 2 (1) "License", a license, certificate, registration, permit, accreditation, or military 3 occupational [speciality] specialty that enables a person to legally practice an occupation or 4 profession in a particular jurisdiction; 5 (2) "Military", the Armed Forces of the United States including the Air Force, Army, 6 Coast Guard, Marine Corps, Navy, Space Force, National Guard and any other military 7 branch that is designated by Congress as part of the Armed Forces of the United States, and 8 all reserve components and auxiliaries. Such term also includes the military reserves and 9 militia of any United States territory or state; 10 (3) "Missouri law enforcement officer", any person employed by or otherwise serving 11 in a position for the state or a local governmental entity in the state of Missouri as a police 12 officer, peace officer certified under chapter 590, auxiliary police officer, sheriff, sheriff's 13 deputy, member of the patrol as that term is defined in section 43.010, or in some like position 14 involving the enforcement of the law and protection of the public interest at the risk of that 15 person's life and who is a permanent resident of the state of Missouri or who is domiciled in 16 the state of Missouri; 17 (4) "Nonresident military or law enforcement spouse":
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language. HB 1813 2
18 (a) A nonresident spouse of an active duty member of the Armed Forces of the United 19 States who has been transferred or is scheduled to be transferred to the state of Missouri, or 20 who has been transferred or is scheduled to be transferred to an adjacent state and is or will be 21 domiciled in the state of Missouri, or has moved to the state of Missouri on a permanent 22 change-of-station basis; or 23 (b) A nonresident spouse of a person residing outside the state of Missouri who has 24 accepted an offer of employment from and with the state or a local governmental entity in the 25 state of Missouri and who will become a Missouri law enforcement officer upon the 26 commencement of such employment; 27 (5) "Oversight body", any board, department, agency, or office of a jurisdiction that 28 issues licenses; 29 (6) "Resident military or law enforcement spouse", a spouse of an active duty 30 member of the Armed Forces of the United States who has been transferred or is scheduled to 31 be transferred to the state of Missouri or an adjacent state and who is a permanent resident of 32 the state of Missouri, who is domiciled in the state of Missouri, or who has Missouri as his or 33 her home of record, or a spouse of a Missouri law enforcement officer. 34 2. Any person who holds a valid current license issued by another state, a branch or 35 unit of the military, a territory of the United States, or the District of Columbia, and who has 36 been licensed for at least one year in such other jurisdiction, may submit an application for a 37 license in Missouri in the same occupation or profession, and at the same practice level, for 38 which he or she holds the current license, along with proof of current licensure and proof of 39 licensure for at least one year in the other jurisdiction, to the relevant oversight body in this 40 state. 41 3. The oversight body in this state shall: 42 (1) Within six months of receiving an application described in subsection 2 of this 43 section, waive any examination, educational, or experience requirements for licensure in this 44 state for the applicant if it determines that there were minimum education requirements and, if 45 applicable, work experience and clinical supervision requirements in effect and the other 46 [state] jurisdiction verifies that the person met those requirements in order to be licensed or 47 certified in that [state] jurisdiction. An oversight body that administers an examination on 48 laws of this state as part of its licensing application requirement may require an applicant to 49 take and pass an examination specific to the laws of this state; or 50 (2) Within thirty days of receiving an application described in subsection 2 of this 51 section from a nonresident military or law enforcement spouse or a resident military or law 52 enforcement spouse, waive any examination, educational, or experience requirements for 53 licensure in this state for the applicant and issue such applicant a license under this section if 54 such applicant otherwise meets the requirements of this section. HB 1813 3
55 4. (1) The oversight body shall not waive any examination, educational, or 56 experience requirements for any applicant who has had his or her license revoked by an 57 oversight body outside the state; who is currently under investigation, who has a complaint 58 pending, or who is currently under disciplinary action, except as provided in subdivision (2) 59 of this subsection, with an oversight body outside the state; who does not hold a license in 60 good standing with an oversight body outside the state; who has a criminal record that would 61 disqualify him or her for licensure in Missouri; or who does not hold a valid current license in 62 the other jurisdiction on the date the oversight body receives his or her application under this 63 section. 64 (2) If another jurisdiction has taken disciplinary action against an applicant, the 65 oversight body shall determine if the cause for the action was corrected and the matter 66 resolved. If the matter has not been resolved by that jurisdiction, the oversight body may 67 deny a license until the matter is resolved. 68 (3) The Missouri board for architects, professional engineers, professional land 69 surveyors and professional landscape architects may deny a license or decline to grant a 70 temporary or probationary license to an applicant if the board determines the 71 applicant's qualifications are not substantially equivalent to those established by the 72 board. The board shall not otherwise be exempt from the provisions of this section. 73 5. Nothing in this section shall prohibit the oversight body from denying a license to 74 an applicant under this section for any reason described in any section associated with the 75 occupation or profession for which the applicant seeks a license. 76 6. Any person who is licensed under the provisions of this section shall be subject to 77 the applicable oversight body's jurisdiction and all rules and regulations pertaining to the 78 practice of the licensed occupation or profession in this state. 79 7. This section shall not be construed to waive any requirement for an applicant to 80 pay any fees, post any bonds or surety bonds, or submit proof of insurance associated with the 81 license the applicant seeks. 82 8. This section shall not apply to business, professional, or occupational licenses 83 issued or required by political subdivisions. 84 9. The provisions of this section shall not impede an oversight body's authority to 85 require an applicant to submit fingerprints as part of the application process. 86 10. The provisions of this section shall not be construed to alter the authority granted 87 by, or any requirements promulgated pursuant to, any interjurisdictional or interstate 88 compacts adopted by Missouri statute or any reciprocity agreements with other states in 89 effect, and whenever possible this section shall be interpreted so as to imply no conflict 90 between it and any compact, or any reciprocity agreements with other states in effect. HB 1813 4
91 11. Notwithstanding any other provision of law, a license issued under this section 92 shall be valid only in this state and shall not make a licensee eligible to be part of an interstate 93 compact. An applicant who is licensed in another state pursuant to an interstate compact shall 94 not be eligible for licensure by an oversight body under the provisions of this section. 95 12. The provisions of this section shall not apply to any occupation set forth in 96 subsection 6 of section 290.257, or any electrical contractor licensed under sections 324.900 97 to 324.945. ✔
Statutes affected: