Threats to Professional Licensure: State List

Missouri

» Threat Type: Other: Tracking Software
» Threat Status:  Potential Threat
Legislative/Executive Order/Regulatory: Legislative
Bill Number: HB 1168; SB 463
Status:
Died upon adjournment May 2019.
Died upon adjournment May 2019.
Summary:

This tracking software legislation mandates that all state contractors use software to verify the amount of time they are working on a state contract. The software tracks total keystroke and mouse event frequency, and records a screenshot at least once every three minutes. It presents significant privacy and security concerns.

» Threat Type: “Consumer Choice”: Allows unlicensed persons to practice occupations that require licensure, provided the persons disclosed that they are unlicensed.
» Threat Status:  Potential Threat
Legislative/Executive Order/Regulatory: Legislative
Bill Number: SB 500
Status:
Died upon adjournment May 2019.
Summary:

Generally referred to as a “consumer choice” bill, SB 500 and bills like it allow a non-licensed person to practice an occupation for which licensure is required, so long as the practitioner discloses to the consumer that he/she is unlicensed. The only type of disclosure that SB 500 requires is a notice on the practitioner’s homepage. Which means a consumer could hire this practitioner without the knowing the practitioner is unlicensed.

» Threat Type: Other: A legislative, regulatory, or executive action that falls outside other threat categories, including proposed elimination of other occupational licenses, that doesn’t directly threaten professional engineers but requires attention.
» Threat Status:  Potential Threat
Legislative/Executive Order/Regulatory: Legislative
Bill Number: HB 2312
Status:
Failed upon adjournment on 5/18/2018.
Summary:

The "Occupational Regulation Defense Act" allows an individual to assert a defense against the enforcement of an occupational regulation. The individual shall have the initial burden of proving by clear and convincing evidence that an occupational regulation substantially burdens the individual's right to pursue a lawful occupation.

If the individual meets the burden of proof, the state or political subdivision shall demonstrate by clear and convincing evidence that the state or political subdivision has an important interest in protecting against present and recognizable harm to the public health or safety and that the occupational regulation is substantially related to and the least restrictive means for furthering that important governmental interest.

» Threat Type: Executive order requiring review and analysis of licensing requirements, resulting in recommendations to remove any unnecessary or overly burdensome licensing requirements. The executive order does not specifically target professional engineers.
» Threat Status:  Potential Threat
Legislative/Executive Order/Regulatory: Executive Order
Bill Number: Executive Order 17-11
Status:
Governor ordered on 4/11/2017.
Summary:

Creates the Boards and Commissions Task Force to:

  1. Evaluate the purpose and necessity of each existing board and commission;
  2. Determine the cost-effectiveness of each board and commission by considering their governmental, economic, and societal costs and benefits;
  3. Identify opportunities to eliminate or consolidate boards and commissions;
  4. Identify opportunities to modify the size, mission, and structure of boards and commissions;
  5. Identify opportunities to reduce barrier to entry in occupational licensing programs;
  6. Recommend comprehensive executive and legislative reform proposals to the Governor no later than October 31, 2017.

The Task Force provided policy recommendations to the Governor in October 2017 in its Task Force Report, emphasizing that if all recommendations were undertaken, “close to 450 gubernatorial appointments will be eliminated.”

» Threat Type: “Right to Engage in a Lawful Occupation Act.” Seeks to establish the least restrictive means of regulating an occupation. Often proposes the elimination of licensure requirements for certain professions. Professional engineers aren’t specifically targeted, but are included.
» Threat Status:  Potential Threat
Legislative/Executive Order/Regulatory: Legislative
Bill Number: HB 1466; HB 272; HB 413; HB 609; HB 480
Status:
HB 272; HB 413, HB 609 & HB 480: Died in Committee in 2017.
HB 1466: Died in Committee in 2016.
Summary:

In 2016, HB 1466 was introduced to establish guidelines for the regulation of occupations and professions not regulated by the Division of Professional Registration. The bill specified that an individual may engage in the occupation of his or her choice, free from unreasonable government regulation. The bill also stated that the state of Missouri may not impose a substantial burden on an individual's pursuit of his or her occupation or profession unless there is an important governmental interest for the state to protect the general welfare. This measure died in committee. NSPE and the Missouri Society of Professionals Engineers closely monitored this bill.

In 2017, four similar pieces of legislation were refiled (HB 272; HB 413, HB 609 & HB 480). In committee, these measures were substituted and combined into one measure; HB 480. This bill sought to establish guidelines for the regulation of occupations and professions not currently regulated by the Division of Professional Registration, within the Department of Insurance, Financial Institutions and Professional Registration, as well as guidelines for substantially increasing the scope of practice of currently regulated occupations and professions. The bill specified that the state may not impose a substantial burden on an individual's pursuit of his or her occupation or profession unless there is an important governmental interest for the state to protect the general welfare. Although this measure passed the House in March 2017, the measure died in the Senate Professional Registration Committee.