Missouri SB 824: Modifies provisions relating to nurses

Bill Text

SECOND REGULAR SESSION
[P E R F E C T E D]
SENATE COMMITTEE SUBSTITUTE FOR
SENATE BILL NO. 824
99TH GENERAL ASSEMBLY
Reported from the Committee on Professional Registration, April 5, 2018, with recommendation that the Senate Committee
Substitute do pass.
Senate Committee Substitute for Senate Bill No. 824, adopted April 18, 2018.
Taken up for Perfection April 18, 2018. Bill declared Perfected and Ordered Printed.
ADRIANE D. CROUSE, Secretary.
5555S.02P
AN ACT
To repeal sections 335.036, 335.066, and 335.067, RSMo, and to enact in lieu thereof
three new sections relating to nurses.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 335.036, 335.066, and 335.067, RSMo, are repealed
2 and three new sections enacted in lieu thereof, to be known as sections 335.036,
3 335.066, and 335.067, to read as follows:
335.036. 1. The board shall:
2 (1) Elect for a one-year term a president and a secretary, who shall also
3 be treasurer, and the board may appoint, employ and fix the compensation of a
4 legal counsel and such board personnel as defined in subdivision (4) of subsection
5 10 of section 324.001 as are necessary to administer the provisions of sections
6 335.011 to 335.096;
7 (2) Adopt and revise such rules and regulations as may be necessary to
8 enable it to carry into effect the provisions of sections 335.011 to 335.096;
9 (3) Prescribe minimum standards for educational programs preparing
10 persons for licensure pursuant to the provisions of sections 335.011 to 335.096;
11 (4) Provide for surveys of such programs every five years and in addition
12 at such times as it may deem necessary;
13 (5) Designate as "approved" such programs as meet the requirements of
14 sections 335.011 to 335.096 and the rules and regulations enacted pursuant to
15 such sections; and the board shall annually publish a list of such programs;
EXPLANATION--Matter enclosed in bold-faced brackets [thus] in this bill is not enacted and is
intended to be omitted in the law.

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16 (6) Deny or withdraw approval from educational programs for failure to
17 meet prescribed minimum standards;
18 (7) Examine, license, and cause to be renewed the licenses of duly
19 qualified applicants;
20 (8) Cause the prosecution of all persons violating provisions of sections
21 335.011 to 335.096, and may incur such necessary expenses therefor;
22 (9) Keep a record of all the proceedings; and make an annual report to the
23 governor and to the director of the department of insurance, financial institutions
24 and professional registration[;
25 (10) Establish an impaired nurse program].
26 2. The board shall set the amount of the fees which this chapter
27 authorizes and requires by rules and regulations. The fees shall be set at a level
28 to produce revenue which shall not substantially exceed the cost and expense of
29 administering this chapter.
30 3. All fees received by the board pursuant to the provisions of sections
31 335.011 to 335.096 shall be deposited in the state treasury and be placed to the
32 credit of the state board of nursing fund. All administrative costs and expenses
33 of the board shall be paid from appropriations made for those purposes. The
34 board is authorized to provide funding for the nursing education incentive
35 program established in sections 335.200 to 335.203.
36 4. The provisions of section 33.080 to the contrary notwithstanding, money
37 in this fund shall not be transferred and placed to the credit of general revenue
38 until the amount in the fund at the end of the biennium exceeds two times the
39 amount of the appropriation from the board's funds for the preceding fiscal year
40 or, if the board requires by rule, permit renewal less frequently than yearly, then
41 three times the appropriation from the board's funds for the preceding fiscal
42 year. The amount, if any, in the fund which shall lapse is that amount in the
43 fund which exceeds the appropriate multiple of the appropriations from the
44 board's funds for the preceding fiscal year.
45 5. Any rule or portion of a rule, as that term is defined in section 536.010,
46 that is created under the authority delegated in this chapter shall become
47 effective only if it complies with and is subject to all of the provisions of chapter
48 536 and, if applicable, section 536.028. All rulemaking authority delegated prior
49 to August 28, 1999, is of no force and effect and repealed. Nothing in this section
50 shall be interpreted to repeal or affect the validity of any rule filed or adopted
51 prior to August 28, 1999, if it fully complied with all applicable provisions of

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52 law. This section and chapter 536 are nonseverable and if any of the powers
53 vested with the general assembly pursuant to chapter 536 to review, to delay the
54 effective date or to disapprove and annul a rule are subsequently held
55 unconstitutional, then the grant of rulemaking authority and any rule proposed
56 or adop