Missouri Contractor Licensing Law

Missouri Code · 21 sections

The following is the full text of Missouri’s contractor licensing law statutes as published in the Missouri Code. For the official version, see the Missouri Legislature.

Mo. Rev. Stat. § 160.805

160.805 , including but not limited to the employment of any personnel of the corporation, administrative services, and provision of office space.  When contracting with the corporation under the provisions of this section, the departments shall be bound by the provisions of chapter 34 .

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(L. 2009 S.B. 291, A.L. 2014 H.B. 1490)

---- end of effective  28 Aug 2014 ----

                                   use this link to bookmark section  160.820

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Mo. Rev. Stat. § 197.020

197.020 , audiologists, otolaryngologists, and pediatricians.

  4.  The department shall select existing tools or assessments for educators that can be used to assess the language and literacy development of children who are deaf or hard of hearing.  Such tools or assessments selected under this subsection:

  (1)  Shall be:

  (a)  In a format that shows stages of language development;

  (b)  Selected for use by educators to track the development of expressive and receptive language acquisition and developmental stages toward English literacy of children who are deaf or hard of hearing;

  (c)  Selected from existing instruments or assessments used to assess the development of all children from birth to five years of age; and

  (d)  Appropriate, in both content and administration, for use with children who are deaf or hard of hearing; and

  (2)  May:

  (a)  In addition to the assessment required by federal law, be used by the child's IEP or IFSP team, as applicable, to track the progress of the child who is deaf or hard of hearing and to establish or modify the child's IEP or IFSP; and

  (b)  Reflect the recommendations of the advisory committee established in this section.

  5.  (1)  The department shall:

  (a)  Disseminate the parent resource developed under subsection 3 of this section to parents of children who are deaf or hard of hearing;

  (b)  Under federal law, disseminate the educator tools and assessments selected under subsection 4 of this section to local educational agencies for use in the development and modification of an IEP or IFSP; and

  (c)  Provide materials and training on the use of the parent resource to assist children who are deaf or hard of hearing in becoming linguistically ready for kindergarten using ASL, English, or both.

  (2)  If a child who is deaf or hard of hearing does not demonstrate progress in expressive and receptive language skills, as measured by one of the educator tools or assessments selected under subsection 4 of this section or by the existing instrument used to assess the development of children with disabilities under federal law, the child's IEP or IFSP team shall, as part of the process required by federal law, explain in detail the reasons the child is not progressing toward or meeting the language developmental milestones and shall recommend specific strategies, services, and programs that will be provided to assist with the child's success toward English literacy.

  6.  (1)  Before March 1, 2024, the department shall provide the advisory committee established in this section with a list of existing language developmental milestones from existing standardized norms with any relevant information held by the department regarding those language developmental milestones for possible inclusion in the parent resource developed under subsection 3 of this section.  The language developmental milestones shall be aligned to the department's existing infant, toddler, and preschool guidelines; the existing instrument used to assess the development of children with disabilities under federal law; and the state standards in English language arts.

  (2)  Before June 1, 2024, the advisory committee shall recommend language developmental milestones for selection under subsection 3 of this section.

  (3)  Before July 1, 2024, the department shall inform the advisory committee of which language developmental milestones the department selected.

  7.  (1)  The commissioner of education shall, in consultation with the Missouri commission for the deaf and hard of hearing, establish an ad hoc advisory committee to solicit input from experts on the selection of language developmental milestones for children who are deaf or hard of hearing that are equivalent to milestones for children who are not deaf or hard of hearing for inclusion in the parent resource developed under subsection 3 of this section.  The advisory committee may make recommendations on the selection and administration of the educator tools or assessments selected under subsection 4 of this section.  The advisory committee may make recommendations on materials that are unbiased and comprehensive to add to the parent resource.

  (2)  The majority of the advisory committee's members shall be individuals who are deaf or hard of hearing.  The advisory committee shall consist of parents, advocates, and professionals from the field of education for the deaf and hard of hearing and shall have a balance of members who personally, professionally, or parentally use ASL and English and members who personally, professionally, or parentally use only spoken English.  The advisory committee shall consist of the following members:

  (a)  A credentialed teacher of the deaf who provides direct instruction in ASL;

  (b)  A credentialed teacher of the deaf who provides direct instruction in listening and spoken language;

  (c)  A credentialed teacher of the deaf who has expertise in curriculum development and instruction in ASL and English;

  (d)  A credentialed teacher of the deaf who has expertise in assessing language development both in ASL and English;

  (e)  A speech-language pathologist who has experience working with children from birth to five years of age who are deaf or hard of hearing and use listening and spoken language;

  (f)  A speech-language pathologist who has experience working with children from birth to five years of age who are deaf or hard of hearing and use ASL;

  (g)  A parent of a child who is deaf or hard of hearing who uses ASL;

  (h)  A parent of a child who is deaf or hard of hearing who uses listening and spoken language;

  (i)  A deaf or deaf-blind member of the community who uses ASL as the primary means of communication; or

  (j)  A deaf or deaf-blind member of the community who uses spoken language as the primary means of communication; and

  (k)  Seven members of the committee shall be ex officio members and shall be:

  a.  The executive director of the Missouri commission for the deaf and hard of hearing, or the director's designee;

  b.  The superintendent or assistant superintendent of the Missouri School for the Deaf, or the superintendent's designee;

  c.  A representative of the Missouri Association of the Deaf;

  d.  The person designated by the department of health and senior services to manage the Missouri newborn hearing screening program;

  e.  A coordinator of the first steps early intervention program administered by the department, or such coordinator's designee;

  f.  The person designated by the department of elementary and secondary education's office of childhood to manage Missouri's early care & education connections; and

  g.  A representative of the department of elementary and secondary education's vocational rehabilitation program who works with individuals who are deaf or hard of hearing.

  (3)  The advisory committee may advise the department or the department's contractor on the content and administration of the existing instrument used to assess the development of children with disabilities under federal law, as used to assess the language and literacy development of children who are deaf or hard of hearing to ensure the appropriate use of such instrument with such children, and may make recommendations regarding future research to improve the measurement of progress in language and literacy of children who are deaf or hard of hearing.

  8.  For the 2024-25 school year and all subsequent school years, the department shall produce an annual report that is specific to language and literacy development of children who are deaf or hard of hearing including, but not limited to, children who are deaf or hard of hearing and have other disabilities, from birth to five years of age relative to peers who are not deaf or hard of hearing.  The report shall use existing data reported in compliance with the federally required state performance plan on pupils with disabilities.  The department shall make the report available on the department's website before August first of each school year.

  9.  All activities of the department in implementing this section shall be consistent with federal law regarding the education of children with disabilities and federal law regarding the privacy of pupil information.

  10.  For the purposes of developing and using language as described in paragraph (a) of subdivision (1) of subsection 4 of this section, for a child who is deaf or hard of hearing the following modes of communication may be used as a means for acquiring language:

  (1)  ASL services;

  (2)  Spoken language services;

  (3)  Dual-language services;

  (4)  Cued speech;

  (5)  Tactile sign as defined in section

Mo. Rev. Stat. § 324.001

324.001. Division of professional registration established, duties — boards and commissions assigned to — reference to division in statutes — workforce data analysis, requirements. — 1. For the purposes of this section, the following terms mean:

(1) "Department", the department of commerce and insurance;

(2) "Director", the director of the division of professional registration; and

(3) "Division", the division of professional registration.

1. There is hereby established a "Division of Professional Registration" assigned to the department of commerce and insurance as a type III transfer, headed by a director appointed by the governor with the advice and consent of the senate. All of the general provisions, definitions and powers enumerated in section 1 of the Omnibus State Reorganization Act of 1974 and Executive Order 06-04 shall apply to this department and its divisions, agencies, and personnel.

2. The director of the division of professional registration shall promulgate rules and regulations which designate for each board or commission assigned to the division the renewal date for licenses or certificates. After the initial establishment of renewal dates, no director of the division shall promulgate a rule or regulation which would change the renewal date for licenses or certificates if such change in renewal date would occur prior to the date on which the renewal date in effect at the time such new renewal date is specified next occurs. Each board or commission shall by rule or regulation establish licensing periods of one, two, or three years. Registration fees set by a board or commission shall be effective for the entire licensing period involved, and shall not be increased during any current licensing period. Persons who are required to pay their first registration fees shall be allowed to pay the pro rata share of such fees for the remainder of the period remaining at the time the fees are paid. Each board or commission shall provide the necessary forms for initial registration, and thereafter the director may prescribe standard forms for renewal of licenses and certificates. Each board or commission shall by rule and regulation require each applicant to provide the information which is required to keep the board's records current. Each board or commission shall have the authority to collect and analyze information required to support workforce planning and policy development. Such information shall not be publicly disclosed so as to identify a specific health care provider, as defined in section 376.1350. Each board or commission shall issue the original license or certificate.

3. The division shall provide clerical and other staff services relating to the issuance and renewal of licenses for all the professional licensing and regulating boards and commissions assigned to the division. The division shall perform the financial management and clerical functions as they each relate to issuance and renewal of licenses and certificates. "Issuance and renewal of licenses and certificates" means the ministerial function of preparing and delivering licenses or certificates, and obtaining material and information for the board or commission in connection with the renewal thereof to include verifying if the applicant has submitted all required documentation and that the documentation is legible. It does not include any discretionary authority with regard to the original review of an applicant's qualifications for licensure or certification, or the subsequent review of licensee's or certificate holder's qualifications, or any disciplinary action contemplated against the licensee or certificate holder. The division may develop and implement microfilming systems and automated or manual management information systems.

4. The director of the division shall maintain a system of accounting and budgeting, in cooperation with the director of the department, the office of administration, and the state auditor's office, to ensure proper charges are made to the various boards for services rendered to them. The general assembly shall appropriate to the division and other state agencies from each board's funds moneys sufficient to reimburse the division and other state agencies for all services rendered and all facilities and supplies furnished to that board.

5. For accounting purposes, the appropriation to the division and to the office of administration for the payment of rent for quarters provided for the division shall be made from the "Professional Registration Fees Fund", which is hereby created, and is to be used solely for the purpose defined in subsection 5 of this section. The fund shall consist of moneys deposited into it from each board's fund. Each board shall contribute a prorated amount necessary to fund the division for services rendered and rent based upon the system of accounting and budgeting established by the director of the division as provided in subsection 5 of this section. Transfers of funds to the professional registration fees fund shall be made by each board on July first of each year; provided, however, that the director of the division may establish an alternative date or dates of transfers at the request of any board. Such transfers shall be made until they equal the prorated amount for services rendered and rent by the division. The provisions of section 33.080 to the contrary notwithstanding, money in this fund shall not be transferred and placed to the credit of general revenue.

6. The director of the division shall be responsible for collecting and accounting for all moneys received by the division or its component agencies. Any money received by a board or commission shall be promptly given, identified by type and source, to the director. The director shall keep a record by board and state accounting system classification of the amount of revenue the director receives. The director shall promptly transmit all receipts to the department of revenue for deposit in the state treasury to the credit of the appropriate fund. The director shall provide each board with all relevant financial information in a timely fashion. Each board shall cooperate with the director by providing necessary information.

7. All educational transcripts, test scores, complaints, investigatory reports, and information pertaining to any person who is an applicant or licensee of any agency assigned to the division of professional registration by statute or by the department are confidential and may not be disclosed to the public or any member of the public, except with the written consent of the person whose records are involved. The agency which possesses the records or information shall disclose the records or information if the person whose records or information is involved has consented to the disclosure. Each agency is entitled to the attorney-client privilege and work-product privilege to the same extent as any other person. Provided, however, that any board may disclose confidential information without the consent of the person involved in the course of voluntary interstate exchange of information, or in the course of any litigation concerning that person, or pursuant to a lawful request, or to other administrative or law enforcement agencies acting within the scope of their statutory authority. Information regarding identity, including names and addresses, registration, and currency of the license of the persons possessing licenses to engage in a professional occupation and the names and addresses of applicants for such licenses is not confidential information.

8. Any deliberations conducted and votes taken in rendering a final decision after a hearing before an agency assigned to the division shall be closed to the parties and the public. Once a final decision is rendered, that decision shall be made available to the parties and the public.

9. A compelling governmental interest shall be deemed to exist for the purposes of section 536.025 for licensure fees to be reduced by emergency rule, if the projected fund balance of any agency assigned to the division of professional registration is reasonably expected to exceed an amount that would require transfer from that fund to general revenue.

10. (1) The following boards and commissions are assigned by specific type transfers to the division of professional registration: Missouri state board of accountancy, chapter 326; board of cosmetology and barber examiners, chapters 328 and 329; Missouri board for architects, professional engineers, professional land surveyors and landscape architects, chapter 327; Missouri state board of chiropractic examiners, chapter 331; state board of registration for the healing arts, chapter 334; Missouri dental board, chapter 332; state board of embalmers and funeral directors, chapter 333; state board of optometry, chapter 336; Missouri state board of nursing, chapter 335; board of pharmacy, chapter 338; state board of podiatric medicine, chapter 330; Missouri real estate appraisers commission, chapter 339; and Missouri veterinary medical board, chapter 340. The governor shall appoint members of these boards by and with the advice and consent of the senate.

(2) The boards and commissions assigned to the division shall exercise all their respective statutory duties and powers, except those clerical and other staff services involving collecting and accounting for moneys and financial management relating to the issuance and renewal of licenses, which services shall be provided by the division, within the appropriation therefor. Nothing herein shall prohibit employment of professional examining or testing services from professional associations or others as required by the boards or commissions on contract. Nothing herein shall be construed to affect the power of a board or commission to expend its funds as appropriated. However, the division shall review the expense vouchers of each board. The results of such review shall be submitted to the board reviewed and to the house and senate appropriations committees annually.

(3) Notwithstanding any other provisions of law, the director of the division shall exercise only those management functions of the boards and commissions specifically provided in the Reorganization Act of 1974, and those relating to the allocation and assignment of space, personnel other than board personnel, and equipment.

(4) "Board personnel", as used in this section or chapters 317, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, and 345, shall mean personnel whose functions and responsibilities are in areas not related to the clerical duties involving the issuance and renewal of licenses, to the collecting and accounting for moneys, or to financial management relating to issuance and renewal of licenses; specifically included are executive secretaries (or comparable positions), consultants, inspectors, investigators, counsel, and secretarial support staff for these positions; and such other positions as are established and authorized by statute for a particular board or commission. Boards and commissions may employ legal counsel, if authorized by law, and temporary personnel if the board is unable to meet its responsibilities with the employees authorized above. Any board or commission which hires temporary employees shall annually provide the division director and the appropriation committees of the general assembly with a complete list of all persons employed in the previous year, the length of their employment, the amount of their remuneration, and a description of their responsibilities.

(5) Board personnel for each board or commission shall be employed by and serve at the pleasure of the board or commission, shall be supervised as the board or commission designates, and shall have their duties and compensation prescribed by the board or commission, within appropriations for that purpose, except that compensation for board personnel shall not exceed that established for comparable positions as determined by the board or commission pursuant to the job and pay plan of the department of commerce and insurance. Nothing herein shall be construed to permit salaries for any board personnel to be lowered except by board action.

1. All the powers, duties, and functions of the division of athletics, chapter 317, and others, are assigned by type I transfer to the division of professional registration.

2. Wherever the laws, rules, or regulations of this state make reference to the division of professional registration of the department of economic development, such references shall be deemed to refer to the division of professional registration.

3. (1) The state board of nursing, board of pharmacy, Missouri dental board, state committee of psychologists, state board of chiropractic examiners, state board of optometry, Missouri board of occupational therapy, or state board of registration for the healing arts may individually or collectively enter into a contractual agreement with the department of health and senior services, a public institution of higher education, or a nonprofit entity for the purpose of collecting and analyzing workforce data from its licensees, registrants, or permit holders for future workforce planning and to assess the accessibility and availability of qualified health care services and practitioners in Missouri. The boards shall work collaboratively with other state governmental entities to ensure coordination and avoid duplication of efforts.

(2) The boards may expend appropriated funds necessary for operational expenses of the program formed under this subsection. Each board is authorized to accept grants to fund the collection or analysis authorized in this subsection. Any such funds shall be deposited in the respective board's fund.

(3) Data collection shall be controlled and approved by the applicable state board conducting or requesting the collection. Notwithstanding the provisions of sections 324.010 and 334.001, the boards may release identifying data to the contractor to facilitate data analysis of the health care workforce including, but not limited to, geographic, demographic, and practice or professional characteristics of licensees. The state board shall not request or be authorized to collect income or other financial earnings data.

(4) Data collected under this subsection shall be deemed the property of the state board requesting the data. Data shall be maintained by the state board in accordance with chapter 610, provided that any information deemed closed or confidential under subsection 8 of this section or any other provision of state law shall not be disclosed without consent of the applicable licensee or entity or as otherwise authorized by law. Data shall only be released in an aggregate form by geography, profession or professional specialization, or population characteristic in a manner that cannot be used to identify a specific individual or entity. Data suppression standards shall be addressed and established in the contractual agreement.

(5) Contractors shall maintain the security and confidentiality of data received or collected under this subsection and shall not use, disclose, or release any data without approval of the applicable state board. The contractual agreement between the applicable state board and contractor shall establish a data release and research review policy to include legal and institutional review board, or agency-equivalent, approval.

(6) Each board may promulgate rules subject to the provisions of this subsection and chapter 536 to effectuate and implement the workforce data collection and analysis authorized by this subsection. Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly under chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2016, shall be invalid and void.

(L. 2008 S.B. 788, A.L. 2009 S.B. 296, A.L. 2016 H.B. 1816 merged with S.B. 635, A.L. 2018 H.B. 1719)

Mo. Rev. Stat. § 324.005

324.005. Licensure reciprocity for military members and personnel, when. — 1. Notwithstanding any requirements for licensure for all professional boards, commissions, committees, and offices within the division of professional registration to the contrary, a professional who has a current license to practice from another state, commonwealth, territory, or the District of Columbia shall be exempt from the licensure requirements of his or her respective licensure board in this state if:

(1) The professional is an active duty or reserve member of the Armed Forces of the United States, a member of the National Guard, a civilian employee of the United States Department of Defense, an authorized services contractor under 10 U.S.C. Section 1091, or a professional otherwise authorized by the United States Department of Defense;

(2) The professional practices the same occupation or profession at the same practice level for which he or she holds a current license; and

(3) The professional is engaged in the practice of a professional through a partnership with the federal Innovative Readiness Training program within the United States Department of Defense.

1. The exemption provided in this section shall not permit a professional to engage in practice except as part of the federal Innovative Readiness Training program within the United States Department of Defense. The exemption shall only apply while:

(1) The professional's practice is required by the program pursuant to military orders; and

(2) The services provided by the professional are within the scope of practice for the individual's respective profession in this state.

(L. 2022 H.B. 2149)

Effective 6-07-22

Mo. Rev. Stat. § 324.009

324.009. Licensure reciprocity — definitions — requirements — inapplicability, when. — 1. For purposes of this section, the following terms mean:

(1) "License", a license, certificate, registration, permit, accreditation, or military occupational speciality that enables a person to legally practice an occupation or profession in a particular jurisdiction;

(2) "Military", the Armed Forces of the United States including the Air Force, Army, Coast Guard, Marine Corps, Navy, Space Force, National Guard and any other military branch that is designated by Congress as part of the Armed Forces of the United States, and all reserve components and auxiliaries. Such term also includes the military reserves and militia of any United States territory or state;

(3) "Missouri law enforcement officer", any person employed by or otherwise serving in a position for the state or a local governmental entity in the state of Missouri as a police officer, peace officer certified under chapter 590, auxiliary police officer, sheriff, sheriff's deputy, member of the patrol as that term is defined in section 43.010, or in some like position involving the enforcement of the law and protection of the public interest at the risk of that person's life and who is a permanent resident of the state of Missouri or who is domiciled in the state of Missouri;

(4) "Nonresident military or law enforcement spouse":

(a) A nonresident spouse of an active duty member of the Armed Forces of the United States who has been transferred or is scheduled to be transferred to the state of Missouri, or who has been transferred or is scheduled to be transferred to an adjacent state and is or will be domiciled in the state of Missouri, or has moved to the state of Missouri on a permanent change-of-station basis; or

(b) A nonresident spouse of a person residing outside the state of Missouri who has accepted an offer of employment from and with the state or a local governmental entity in the state of Missouri and who will become a Missouri law enforcement officer upon the commencement of such employment;

(5) "Oversight body", any board, department, agency, or office of a jurisdiction that issues licenses;

(6) "Resident military or law enforcement spouse", a spouse of an active duty member of the Armed Forces of the United States who has been transferred or is scheduled to be transferred to the state of Missouri or an adjacent state and who is a permanent resident of the state of Missouri, who is domiciled in the state of Missouri, or who has Missouri as his or her home of record, or a spouse of a Missouri law enforcement officer.

1. Any person who holds a valid current license issued by another state, a branch or unit of the military, a territory of the United States, or the District of Columbia, and who has been licensed for at least one year in such other jurisdiction, may submit an application for a license in Missouri in the same occupation or profession, and at the same practice level, for which he or she holds the current license, along with proof of current licensure and proof of licensure for at least one year in the other jurisdiction, to the relevant oversight body in this state.

2. The oversight body in this state shall:

(1) Within six months of receiving an application described in subsection 2 of this section, waive any examination, educational, or experience requirements for licensure in this state for the applicant if it determines that there were minimum education requirements and, if applicable, work experience and clinical supervision requirements in effect and the other state verifies that the person met those requirements in order to be licensed or certified in that state. An oversight body that administers an examination on laws of this state as part of its licensing application requirement may require an applicant to take and pass an examination specific to the laws of this state; or

(2) Within thirty days of receiving an application described in subsection 2 of this section from a nonresident military or law enforcement spouse or a resident military or law enforcement spouse, waive any examination, educational, or experience requirements for licensure in this state for the applicant and issue such applicant a license under this section if such applicant otherwise meets the requirements of this section.

1. (1) The oversight body shall not waive any examination, educational, or experience requirements for any applicant who has had his or her license revoked by an oversight body outside the state; who is currently under investigation, who has a complaint pending, or who is currently under disciplinary action, except as provided in subdivision (2) of this subsection, with an oversight body outside the state; who does not hold a license in good standing with an oversight body outside the state; who has a criminal record that would disqualify him or her for licensure in Missouri; or who does not hold a valid current license in the other jurisdiction on the date the oversight body receives his or her application under this section.

(2) If another jurisdiction has taken disciplinary action against an applicant, the oversight body shall determine if the cause for the action was corrected and the matter resolved. If the matter has not been resolved by that jurisdiction, the oversight body may deny a license until the matter is resolved.

1. Nothing in this section shall prohibit the oversight body from denying a license to an applicant under this section for any reason described in any section associated with the occupation or profession for which the applicant seeks a license.

2. Any person who is licensed under the provisions of this section shall be subject to the applicable oversight body's jurisdiction and all rules and regulations pertaining to the practice of the licensed occupation or profession in this state.

3. This section shall not be construed to waive any requirement for an applicant to pay any fees, post any bonds or surety bonds, or submit proof of insurance associated with the license the applicant seeks.

4. This section shall not apply to business, professional, or occupational licenses issued or required by political subdivisions.

5. The provisions of this section shall not impede an oversight body's authority to require an applicant to submit fingerprints as part of the application process.

6. The provisions of this section shall not be construed to alter the authority granted by, or any requirements promulgated pursuant to, any interjurisdictional or interstate compacts adopted by Missouri statute or any reciprocity agreements with other states in effect, and whenever possible this section shall be interpreted so as to imply no conflict between it and any compact, or any reciprocity agreements with other states in effect.

7. Notwithstanding any other provision of law, a license issued under this section shall be valid only in this state and shall not make a licensee eligible to be part of an interstate compact. An applicant who is licensed in another state pursuant to an interstate compact shall not be eligible for licensure by an oversight body under the provisions of this section.

8. The provisions of this section shall not apply to any occupation set forth in subsection 6 of section 290.257, or any electrical contractor licensed under sections 324.900 to 324.945.

(L. 2018 S.B. 840, A.L. 2020 H.B. 1511 & 1452, A.L. 2020 H.B. 2046, A.L. 2021 H.B. 273 merged with H.B. 476, A.L. 2025 H.B. 225 merged with S.B. 81 merged with S.B. 150)

Mo. Rev. Stat. § 324.025

324.025. Expanded workforce access act of 2020 — definitions — apprenticeship licensure, requirements — rulemaking authority — inapplicability. — 1. The provisions of this section shall be known and may be cited as the "Expanded Workforce Access Act of 2020".

1. For purposes of this section, the following terms mean:

(1) "Apprenticeship", a program that the United States Department of Labor deems to meet the federal guidelines set out in 29 CFR Part 29 and 29 U.S.C. Section 50;

(2) "License", a license, certificate, registration, permit, or accreditation that enables a person to legally practice an occupation, profession, or activity in the state;

(3) "Licensing authority", an agency, examining board, credentialing board, or other office of the state with the authority to impose occupational fees or licensing requirements on any profession.

1. Beginning January 1, 2021, within the parameters established under the federal Labor Standards For the Registration of Apprenticeship Programs under 29 CFR Part 29 and 29 U.S.C. Section 50, each state licensing authority shall grant a license to any applicant who meets the following criteria:

(1) Successfully completed the eighth grade;

(2) Completed an apprenticeship approved by the division of professional registration or the United States Department of Labor, or otherwise permitted under state or federal law; and

(3) Passed an examination, if one is deemed to be necessary, by the appropriate licensing authority.

1. (1) The appropriate licensing authority shall establish a passing score for any necessary examinations under the apprenticeship program which shall not exceed any passing scores that are otherwise required for a nonapprenticeship license for the specific profession.

(2) If there is no examination requirement for a nonapprenticeship license, no examination shall be required for applicants who complete an apprenticeship.

(3) The number of working hours required for a competency-based apprenticeship or a hybrid apprenticeship under 29 CFR Part* 29.5 shall not exceed the number of educational hours otherwise required for a nonapprenticeship license for the specific profession.

1. Any department with oversight over a licensing authority may promulgate all necessary rules and regulations for the implementation of this section. Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2020, shall be invalid and void.

2. The provisions of this section shall not apply to any occupation set forth in section 290.257, or any electrical contractor licensed under sections 324.900 to 324.945.

(L. 2020 H.B. 2046)

*Word "Part" does not appear in original rolls.

Mo. Rev. Stat. § 324.1106

324.1106. Persons deemed not to be engaging in private investigation business. — The following persons shall not be deemed to be engaging in the private investigator business:

(1) A person employed exclusively and regularly by one employer in connection only with the affairs of such employer and where there exists an employer-employee relationship;

(2) Any officer or employee of the United States, or of this state or a political subdivision thereof while engaged in the performance of the officer's or employee's official duties;

(3) Any employee, agent, or independent contractor employed by any government agency, division, or department of the state whose work relationship is established by a written contract while working within the scope of employment established under such contract;

(4) An attorney performing duties as an attorney, or an attorney's paralegal or employee retained by such attorney assisting in the performance of such duties or investigation on behalf of such attorney;

(5) A certified public accountant performing duties as a certified public accountant who holds an active license issued by any state and the employees of such certified public accountant or certified public accounting firm assisting in the performance of duties or investigation on behalf of such certified public accountant or certified public accounting firm;

(6) A collection agency or an employee thereof while acting within the scope of employment, while making an investigation incidental to the business of the agency, including an investigation of the location of a debtor or a debtor's property where the contract with an assignor creditor is for the collection of claims owed or due, or asserted to be owed or due, or the equivalent thereof;

(7) Insurers and insurance producers licensed by the state, performing duties in connection with insurance transacted by them;

(8) Any bank subject to the jurisdiction of the director of the division of finance of the state of Missouri or the comptroller of currency of the United States;

(9) An insurance adjuster;

(10) Any private fire investigator whose primary purpose of employment is the determination of the origin, nature, cause, or calculation of losses relevant to a fire;

(11) Employees of an organization, whether for-profit or not-for-profit, or its affiliate or subsidiary, whether for-profit or not-for-profit, whose investigatory activities are limited to making and processing requests for criminal history records and other background information from state, federal, or local databases, including requests for employee background check information under section 192.2495;

(12) Any real estate broker, real estate salesperson, or real estate appraiser acting within the scope of his or her license;

(13) Expert witnesses who have been certified or accredited by a national or state association associated with the expert's scope of expertise;

(14) Any person who does not hold themselves out to the public as a private investigator and is exclusively employed by or under exclusive contract with a state agency or political subdivision;

(15) Any person performing duties or activities relating to serving legal process when such person's duties or activities are incidental to the serving of legal process; or

(16) A consumer reporting agency as defined in 15 U.S.C. Section 1681a and its contract and salaried employees.

(L. 2007 H.B. 780 and S.B. 308, A.L. 2010 H.B. 2226, et al., A.L. 2011 H.B. 464)

Mo. Rev. Stat. § 324.712

324.712. Certificate of insurance required. — 1. No license shall be issued or renewed unless the applicant files with the division a certificate or certificates of insurance from an insurance company or companies authorized to do business in this state. The applicant must demonstrate that he or she has:

(1) Motor vehicle insurance for bodily injury to or death of one or more persons in any one accident and for injury or destruction of property of others in any one accident with minimum amount of coverage established by the division by rule;

(2) Comprehensive general liability insurance with a minimum level of coverage established by the division by rule, including coverage of operations on state streets and highways that are not covered by motor vehicle insurance; and

(3) Workers' compensation insurance that complies with chapter 287 for all employees.

1. The certificate or certificates shall provide for continuous coverage during the effective period of the license issued pursuant to this section. At the time the certificate is filed, the applicant shall also file with the division a current list of all motor vehicles covered by the certificate. The applicant shall file amendments to the list within fifteen days of any changes.

2. An insurance company issuing any insurance policy required by this section shall notify the division of any of the following events at least thirty days before its occurrence:

(1) Cancellation of the policy;

(2) Nonrenewal of the policy by the company; or

(3) Any change in the policy.

1. In addition to all coverages required by this section, the applicant shall file with the division a copy of either:

(1) A bond or other acceptable surety providing coverage in the amount of fifty thousand dollars for the benefit of a person contracting with the housemover to move that person's house for all claims for property damage arising from the movement of a house; or

(2) A policy of cargo insurance in the amount of one hundred thousand dollars.

(L. 2001 H.B. 567 and L. 2001 S.B. 317, A.L. 2011 H.B. 315)

Mo. Rev. Stat. § 324.900

324.900. Definitions. — As used in sections 324.900 to 324.945, unless the context clearly indicates otherwise, the following terms shall mean:

(1) "Certifying entity", the nongovernmental agency or association which certifies or registers individuals who have completed academic and training requirements;

(2) "Division", the division of professional registration within the department of commerce and insurance;

(3) "Electrical contracting", engaging in the business of installing, erecting, or maintaining electrical wiring, fixtures, apparatus, equipment, devices, or components, regardless of voltage, that are used for generation, transmission, and utilization of electricity;

(4) "Electrical contractor", a person engaged in electrical contracting;

(5) "License holder", any electrical contractor who is granted a statewide license by the division;

(6) "Local license", a valid license issued by a political subdivision. Holders of such a license are limited to practice within the political subdivision issuing the license or in a political subdivision that does not require a license;

(7) "Person", an individual, corporation, partnership, association, or other legal entity;

(8) "Statewide license", a valid license issued or recognized by the division that allows the licensee to practice in any jurisdiction regardless of local licensing requirements.

(L. 2017 S.B. 240)

Mo. Rev. Stat. § 324.915

324.915. Work exempt from statutory requirements, when. — Sections 324.900 to 324.945 shall not apply to work done by:

(1) Any employee of an electric utility, a gas corporation as defined in section 386.020, a water corporation as defined in section 386.020, a provider of cable television service, as defined in section 386.020, or a telecommunications company as defined in section 386.020;

(2) A railroad corporation;

(3) A contractor who services the construction and maintenance of power lines or substations of an electric utility corporation, a municipal utility, a rural electric cooperative, a telecommunications company as defined in section 386.020, or a provider of cable television service as defined in section 386.020, when engaged in work of the utility, the cable television service provider, or telecommunications company;

(4) A federally licensed radio or television broadcast station or a commercial mobile radio service provider licensed by the Federal Communications Commission under the commercial mobile radio services rules and regulations;

(5) A private broadcast engineering contractor possessing a valid Society of Broadcast Engineers certification; or

(6) A contractor who is engaged in the design, installation, erection, repair, maintenance, or alteration of class two or class three remote control, signaling, or power-limited circuits, optical fiber cables or other cabling, or communications circuits, including raceways, as defined in the National Electrical Code for voice, video, audio, and data signals in residential or commercial premises.

(L. 2017 S.B. 240)

Mo. Rev. Stat. § 324.920

324.920. Application requirements — grandfather provision — employee licensing requirements. — 1. The applicant for a statewide electrical contractor's license shall satisfy the following requirements:

(1) Provide proof of liability insurance in the amount of five hundred thousand dollars, and post a bond with each political subdivision in which he or she will perform work, as required by that political subdivision;

(2) Pass a standardized and nationally accredited electrical assessment examination that has been created and administered by a third party and that meets current national industry standards, as determined by the division;

(3) Pay for the costs of such examination; and

(4) Have completed one of the following:

(a) Twelve thousand verifiable practical hours installing equipment and associated wiring;

(b) Ten thousand verifiable practical hours installing equipment and associated wiring and have received an electrical journeyman certificate from a United States Department of Labor-approved electrical apprenticeship program;

(c) Eight thousand verifiable practical hours installing equipment and associated wiring and have received an associate's degree from a state-accredited program; or

(d) Four thousand verifiable practical hours supervising the installation of equipment and associated wiring and have received a four-year electrical engineering degree.

1. Electrical contractors who hold an electrical contractor or master electrician occupational or business license issued by any political subdivision in this state shall be eligible for a statewide license if the applicant:

(1) Provides evidence of having passed a standardized written electrical assessment examination that is based upon the National Electrical Code and administered by an independent competent professional testing agency not affiliated with a political subdivision or the state of Missouri;

(2) Provides evidence of twelve thousand hours of verifiable practical experience or evidence of having been licensed by any Missouri political subdivision that requires examination as specified in subdivision (1) of this subsection as an electrical contractor or master electrician for six of the previous eight calendar years;

(3) Provides proof of insurance as required by this chapter; and

(4) Provides proof that the local license was current and active and not subject to discipline on the date the applicant applied for a statewide license.

1. If a corporation, firm, institution, organization, company, or representative thereof desires to engage in electrical contracting licensed under this chapter, then it shall have in its employ, at a supervisory level, at least one electrical contractor who possesses a statewide license in accordance with sections 324.900 to 324.945. A statewide licensed electrical contractor shall represent only one firm, company, corporation, institution, or organization at one time.

2. Any person operating as an electrical contractor in a political subdivision that does not require the contractor to hold a local license, or that operates as an electrical contractor in a political subdivision that requires a local license possessed by that person, shall not be required to possess a statewide license under sections 324.900 to 324.945 to continue to operate as an electrical contractor in such political subdivision.

(L. 2017 S.B. 240, A.L. 2018 H.B. 1719 merged with S.B. 840 merged with S.B. 862)

Mo. Rev. Stat. § 324.925

324.925. Political subdivisions to recognize statewide licensure — permissible acts by political subdivisions. — 1. Political subdivisions shall not be prohibited from establishing their own local electrical contractor's license, but shall recognize a statewide license in lieu of a local license for the purposes of performing contracting work or obtaining permits to perform work within such political subdivision. No political subdivision shall require the holder of a statewide license to obtain a local business or occupation license that requires passing of any examination or any special requirements to assess proficiency or mastery of the electrical trades. The holder of a statewide license shall be deemed eligible to perform electrical contracting work and to obtain permits to perform said work from any political subdivision within the state of Missouri.

1. If a political subdivision does not recognize a statewide license in lieu of a local license for the purposes of performing contracting work or obtaining permits to perform work within the political subdivision, then a statewide licensee may file a complaint with the division. The division shall perform an investigation into the complaint, and if the division finds that the political subdivision failed to recognize a statewide license in accordance with this section, then the division shall notify the political subdivision that the political subdivision has violated the provisions of this section and has thirty days to comply with the law. If after thirty days the political subdivision still does not recognize a statewide license, then the division shall notify the director of the department of revenue who shall withhold any moneys the noncompliant political subdivision would otherwise be entitled to from local sales tax as defined in section 32.085 until the director has received notice from the division that the political subdivision is in compliance with this section. Upon the political subdivision coming into compliance with the provisions of this section, the division shall notify the director of the department of revenue who shall disburse all funds held under this subsection. Moneys held by the director of the department of revenue under this subsection shall not be deemed to be state funds and shall not be commingled with any funds of the state.

2. The provisions of this section shall not prohibit any political subdivision in this state from:

(1) Enforcing any code or law contained in this section;

(2) Implementing an electrical code based upon the National Electrical Code;

(3) Issuing an electrical contractor license or communication contractor license valid for that political subdivision;

(4) Requiring a business license to perform electrical contracting work;

(5) Issuing electrical contracting permits;

(6) Enforcing codes of the political subdivision;

(7) Inspecting the work of a statewide license holder; and

(8) Licensing electricians provided that such licenses are based upon professional experience and passage of a nationally accredited Electrical Assessment Examination that is administered on a routine and accessible schedule.

1. Political subdivisions that do not have the authority to issue or require electrical licenses prior to August 28, 2017, shall not be granted such authority under the provisions of this section.

(L. 2017 S.B. 240, A.L. 2018 H.B. 1719 merged with S.B. 862)

Mo. Rev. Stat. § 324.935

324.935. Renewal of licensure, procedure — inactive status — transfer of employment, effect on license. — 1. Starting in 2020, licenses shall be renewed once every three years. The division shall mail a renewal notice to the last known address of each person licensed under sections 324.900 to 324.945 prior to the renewal date. Failure to provide the division with the information required for renewal or to pay the required fee after such notice shall result in the license being declared inactive. The licensee shall not practice until he or she applies for reinstatement and pays the required fees. The license shall be restored if the application for reinstatement is received within two years of the renewal date.

1. Upon request, the division may grant inactive status to a licensee if the person:

(1) Does not hold himself or herself out as possessing a license required under sections 324.900 to 324.945 in this state; and

(2) Does not maintain any continuing competency requirements established by the division.

1. If an electrical contractor transfers employment from one company to another, all permits on the contractor's license shall first be cleared. It is the responsibility of the contractor to notify the division of the contractor's intent to transfer employment and any current active permits on the contractor's license when transferring employment. Upon such notification, the division shall notify all affected political subdivisions via electronic communication of the contractor's status. It shall be assumed all permits are cleared if no response is given otherwise by affected political subdivisions within seventy-two hours of the notification.

(L. 2017 S.B. 240)

Mo. Rev. Stat. § 324.940

324.940. Refusal to issue or renew license, suspension of license, when — publication of list of valid statewide license holders, complaints may be filed, causes, procedure — relicensure, when. — 1. The division may refuse to issue or renew or may suspend any license required under sections 324.900 to 324.945 for one or any combination of causes stated in subsection 4 of this section. The division shall notify the applicant in writing of the reasons for the refusal and shall advise the applicant of his or her right to file a complaint with the administrative hearing commission as provided by chapter 621.

1. The division shall publish via electronic media and update on a weekly basis a list of valid statewide license holders, a list of current enforcement actions against license holders, and the procedures for filing grievances against licensees.

2. The permitting authority of each political subdivision may suspend a contractor's work in that political subdivision for a period of up to thirty days while a complaint is being forwarded by the permitting authority to the division for adjudication.

3. The division may cause a complaint to be filed with the administrative hearing commission as provided by chapter 621 against any holder of any license required by sections 324.900 to 324.945 or any person who has failed to renew or has surrendered his or her license for any one or any combination of the following causes:

(1) The final adjudication and finding of guilty, or the entering of a plea of guilty or nolo contendere, in a criminal prosecution under the laws of any state, of the United States, or of any country, for any offense directly related to the duties and responsibilities of the occupation, as set forth in section 324.012, regardless of whether or not sentence is imposed;

(2) Use of fraud, deception, misrepresentation, or bribery in securing any license issued under sections 324.900 to 324.945 or in obtaining permission to take any examination given or required under sections 324.900 to 324.945;

(3) Obtaining or attempting to obtain any fee, charge, tuition, or other compensation by fraud, deception, or misrepresentation;

(4) Incompetence, misconduct, gross negligence, fraud, misrepresentation, or dishonesty in the performance of the functions and duties of any profession licensed or regulated by sections 324.900 to 324.945;

(5) Violation of, or assisting or enabling any person to violate, any provision of sections 324.900 to 324.945 or any lawful rule adopted under sections 324.900 to 324.945;

(6) Impersonation of any person holding a license or allowing any person to use his or her license;

(7) Final adjudication of a person as insane or incompetent by a court of competent jurisdiction;

(8) Assisting or enabling any person to practice or offer to practice any profession licensed or regulated by sections 324.900 to 324.945 who is not registered and currently eligible to practice under sections 324.900 to 324.945;

(9) Issuance of a certificate of registration or authority, permit, or license based upon a material mistake of fact.

1. After the filing of such complaint, the proceedings shall be conducted in accordance with the provisions of chapter 621. Upon a finding by the administrative hearing commission that the grounds provided in subsection 4 of this section for disciplinary action are met, the division may, singly or in combination, censure or place the person named in the complaint on probation with such terms and conditions as the division deems appropriate for a period not to exceed five years, or may suspend, for a period not to exceed three years, or revoke the license, certificate, or permit.

2. An individual whose license has been revoked shall wait at least one year from the date of revocation to apply for relicensure. Relicensure shall be at the discretion of the division after compliance with all requirements of sections 324.900 to 324.945 relative to the previous licensing of the applicant.

(L. 2017 S.B. 240, A.L. 2020 H.B. 2046)

Mo. Rev. Stat. § 327.465

327.465. Certificate of registration or authority not required, when — definitions. — 1. As used in this section, the following terms shall mean:

(1) "Design-build", a project for which the design and construction services are furnished under one contract;

(2) "Design-build contract", a contract between the owner, owner's agent, tenant, or other party and a design-build contractor to furnish the architecture, engineering, and related design services, and the labor, materials, and other construction services required for a specific public or private construction project;

(3) "Design-build contractor", any individual, partnership, joint venture, corporation, or other legal entity that furnishes architecture or engineering services and construction services either directly or through subcontracts.

1. Any design-build contractor that enters into a design-build contract for public or private construction shall be exempt from the requirement that such person or entity hold a certificate of registration or such corporation hold a certificate of authority if the architectural, engineering, or land surveying services to be performed under the contract are performed through subcontracts with:

(1) Persons who hold a certificate of registration for the appropriate profession; or

(2) Corporations that hold current certificates of authority from the board for the appropriate profession.

1. Nothing in this chapter shall prohibit the enforcement of a design-build contract by a design-build contractor who only furnishes, but does not directly or through its employees perform the architectural, engineering, or surveying required by the contract and who does not hold itself out as able to perform such services.

(L. 2002 S.B. 786)

Mo. Rev. Stat. § 327.603

327.603. License required to use title of professional landscape architect. — 1. No person shall practice or offer to practice, or hold himself or herself out as a professional landscape architect or as being able to practice landscape architecture in this state or to use in connection with his or her name or otherwise assume, or advertise unless he or she is licensed as required by this chapter. Nothing in sections 327.600 to 327.635 shall be construed to require licensing of employees of the state of Missouri or its political subdivisions while performing duties for the state of Missouri or a political subdivision, provided the project does not jeopardize the public health, safety and welfare. Sections 327.600 to 327.635 shall not be construed to prohibit those persons engaged in nursery occupations, gardeners, landscape contractors, home builders or residential developers from preparing planting plans and items incidental thereto, provided the project scope does not jeopardize the public health, safety and welfare; nor shall sections 327.600 to 327.635 be construed to prevent the practice of any other legally recognized profession as governed by applicable law. Nothing contained in this section shall under any circumstances be construed as in anyway affecting the laws relating to the practice, licensing, certification or registration of architects, professional engineers and professional land surveyors. An architect, professional engineer or professional land surveyor licensed, certified or registered to practice his or her profession or occupation pursuant to the provisions of any law to regulate the practice of such profession or occupation is exempt from licensing as a professional landscape architect, and nothing contained in this section shall under any circumstances be construed as in anyway precluding an architect or professional engineer from performing any of the services included within the definition of the term landscape architecture in section 327.600.

1. Professional landscape architects shall be in responsible charge of all landscape architectural designs that can affect the health, safety, and welfare of the public within their scope of practice.

(L. 1989 H.B. 190, et al. § 2, A.L. 2001 H.B. 567, A.L. 2014 S.B. 809)

Mo. Rev. Stat. § 339.010

120.240. (Repealed L. 1977 H.B. 101 § 1) — 1. A "real estate broker" is any person, partnership, limited partnership, limited liability company, association, professional corporation, or corporation, foreign or domestic who, for another, and for a compensation or valuable consideration, does, or attempts to do, any or all of the following:

(1) Sells, exchanges, purchases, rents, or leases real estate;

(2) Offers to sell, exchange, purchase, rent or lease real estate;

(3) Negotiates or offers or agrees to negotiate the sale, exchange, purchase, rental or leasing of real estate;

(4) Lists or offers or agrees to list real estate for sale, lease, rental or exchange;

(5) Buys, sells, offers to buy or sell or otherwise deals in options on real estate or improvements thereon;

(6) Advertises or holds himself or herself out as a licensed real estate broker while engaged in the business of buying, selling, exchanging, renting, or leasing real estate;

(7) Assists or directs in the procuring of prospects, calculated to result in the sale, exchange, leasing or rental of real estate;

(8) Assists or directs in the negotiation of any transaction calculated or intended to result in the sale, exchange, leasing or rental of real estate;

(9) Engages in the business of charging to an unlicensed person an advance fee in connection with any contract whereby the real estate broker undertakes to promote the sale of that person's real estate through its listing in a publication issued for such purpose intended to be circulated to the general public;

(10) Performs any of the foregoing acts on behalf of the owner of real estate, or interest therein, or improvements affixed thereon, for compensation.

1. A "real estate salesperson" is any person, partnership, limited partnership, limited liability company, association, professional corporation, or corporation, domestic or foreign who for a compensation or valuable consideration becomes associated, either as an independent contractor or employee, either directly or indirectly, with a real estate broker to do any of the things above mentioned. The provisions of sections 339.010 to 339.180 and sections 339.710 to 339.860* shall not be construed to deny a real estate salesperson who is compensated solely by commission the right to be associated with a broker as an independent contractor.

2. A "real estate broker-salesperson" is any person, partnership, limited partnership, limited liability company, association, professional corporation, or corporation, domestic or foreign, who has a real estate broker license in good standing, who for a compensation or valuable consideration becomes associated, either as an independent contractor or employee, either directly or indirectly, with a real estate broker to do any of the things above mentioned. A real estate broker-salesperson may not also operate as a real estate broker. The provisions of sections 339.010 to 339.180 and sections 339.710 to 339.860* shall not be construed to deny a real estate salesperson who is compensated solely by commission the right to be associated with a broker as an independent contractor.

3. The term "commission" as used in sections 339.010 to 339.180 and sections 339.710 to 339.860* means the Missouri real estate commission.

4. "Real estate" for the purposes of sections 339.010 to 339.180 and sections 339.710 to 339.860* shall mean, and include, leaseholds, as well as any other interest or estate in land, whether corporeal, incorporeal, freehold or nonfreehold, and the real estate is situated in this state.

5. "Advertising" shall mean any communication, whether oral or written, between a licensee or other entity acting on behalf of one or more licensees and the public, and shall include, but not be limited to, business cards, signs, insignias, letterheads, radio, television, newspaper and magazine ads, internet advertising, websites, display or group ads in telephone directories, and billboards.

6. "Correspondence" shall mean any written or electronic communication but shall exclude any communication that is ephemeral in nature. Ephemeral information includes text messages, instant message, and any other information or communication which is not designed to be retained or create a permanent record for use in any transaction calculated or intended to result in the sale, exchange, leasing, or rental of real estate.

7. "Sold", as used in sections 339.010 to 339.180 and sections 339.710 to 339.860*, shall mean that the title to the real estate has been transferred or that the real estate has become subject to a bona fide sale contract or purchase agreement.

8. The provisions of sections 339.010 to 339.180 and sections 339.710 to 339.860* shall not apply to:

(1) Any person, partnership, limited partnership, limited liability company, association, professional corporation, or corporation who as owner, lessor, or lessee shall perform any of the acts described in subsection 1 of this section with reference to property owned or leased by them, or to the regular employees thereof;

(2) Any licensed attorney-at-law;

(3) An auctioneer employed by the owner of the property;

(4) Any person acting as receiver, trustee in bankruptcy, administrator, executor, or guardian or while acting under a court order or under the authority of a will, trust instrument or deed of trust or as a witness in any judicial proceeding or other proceeding conducted by the state or any governmental subdivision or agency;

(5) Any person employed or retained to manage real property by, for, or on behalf of the agent or the owner of any real estate shall be exempt from holding a license, if the person is limited to one or more of the following activities:

(a) Delivery of a lease application, a lease, or any amendment thereof, to any person;

(b) Receiving a lease application, lease, or amendment thereof, a security deposit, rental payment, or any related payment, for delivery to, and made payable to, a broker or owner;

(c) Showing a rental unit to any person, as long as the employee is acting under the direct instructions of the broker or owner, including the execution of leases or rental agreements;

(d) Conveying information prepared by a broker or owner about a rental unit, a lease, an application for lease, or the status of a security deposit, or the payment of rent, by any person;

(e) Assisting in the performance of brokers' or owners' functions, administrative, clerical or maintenance tasks;

(f) If the person described in this section is employed or retained by, for, or on behalf of a real estate broker, the real estate broker shall be subject to discipline under this chapter for any conduct of the person that violates this chapter or the regulations promulgated thereunder;

(6) Any officer or employee of a federal agency or the state government or any political subdivision thereof performing official duties;

(7) Railroads and other public utilities regulated by the state of Missouri, or their subsidiaries or affiliated corporations, or to the officers or regular employees thereof, unless performance of any of the acts described in subsection 1 of this section is in connection with the sale, purchase, lease or other disposition of real estate or investment therein unrelated to the principal business activity of such railroad or other public utility or affiliated or subsidiary corporation thereof;

(8) Any bank, trust company, savings and loan association, credit union, insurance company, mortgage banker, or farm loan association organized under the laws of this state or of the United States when engaged in the transaction of business on its own behalf and not for others;

(9) Any newspaper, magazine, periodical, internet site, internet communications, or any form of communications regulated or licensed by the Federal Communications Commission or any successor agency or commission whereby the advertising of real estate is incidental to its operation;

(10) Any developer selling Missouri land owned by the developer;

(11) Any employee acting on behalf of a nonprofit community, or regional economic development association, agency or corporation which has as its principal purpose the general promotion and economic advancement of the community at large, provided that such entity:

(a) Does not offer such property for sale, lease, rental or exchange on behalf of another person or entity;

(b) Does not list or offer or agree to list such property for sale, lease, rental or exchange; or

(c) Receives no fee, commission or compensation, either monetary or in kind, that is directly related to sale or disposal of such properties. An economic developer's normal annual compensation shall be excluded from consideration as commission or compensation related to sale or disposal of such properties; or

(12) Any neighborhood association, as that term is defined in section 441.500, that without compensation, either monetary or in-kind, provides to prospective purchasers or lessors of property the asking price, location, and contact information regarding properties in and near the association's neighborhood, including any publication of such information in a newsletter, internet site, or other medium.

(L. 1941 p. 424 § 3, A.L. 1945 p. 1421, A.L. 1967 p. 444, A.L. 1978 S.B. 811, A.L. 1987 S.B. 175, A.L. 1988 H.B. 1573, A.L. 1993 S.B. 18, A.L. 2002 H.B. 1964, A.L. 2004 H.B. 985, A.L. 2006 H.B. 1339, A.L. 2008 S.B. 788, A.L. 2010 H.B. 1692, et al. merged with S.B. 754, A.L. 2015 H.B. 385)

*Section 339.860 was repealed by S.B. 613 Revision, 2007.

(2011) Section meets constitutional requirements of directly advancing state interest in assuring honest and competent practice of real estate, and restrictions do not exceed the state's interest. KCPA v. Missouri Real Estate Commission, 344 S.W.3d 160 (Mo. banc).

Mo. Rev. Stat. § 339.505

339.505. Titles of state-certified or state-licensed appraiser, who may use — certification or licensure not required to appraise for compensation — management companies, registration required, exceptions. — 1. It shall be unlawful for any person in this state to assume or use the title "state-licensed real estate appraiser" or "state-certified real estate appraiser", or any title, designation or abbreviation likely to create the impression of licensure or certification by the state of Missouri as a real estate appraiser, unless the person has first been licensed or certified by the Missouri real estate appraisers commission pursuant to the provisions of sections 339.500 to 339.549. The commission may adopt, for the exclusive use of persons licensed or certified pursuant to sections 339.500 to 339.549, a seal, symbol or other mark identifying the user as a state-licensed or state-certified real estate appraiser.

1. Any person certified as a real estate appraiser by an appraisal trade organization, on August 28, 1998, shall retain the right to use the term "certified" or any similar term in identifying himself or herself to the public; provided that, in each instance wherein such term is used, the name of the certifying organization or body is prominently and conspicuously displayed immediately adjacent to such term, and provided further that the use of such term does not create the impression of certification by the state of Missouri. Nothing in this section shall entitle any person certified only by a trade organization, and not certified or licensed by the state, the right to conduct any appraisal.

2. The term "state-licensed real estate appraiser", "state-certified real estate appraiser" or any similar term shall not be used following or immediately in connection with the name of a partnership, association, corporation or other firm or group or in such manner that it might create the impression of licensure or certification by the state of Missouri as a real estate appraiser.

3. No person shall, directly or indirectly, engage or attempt to engage in the business as an appraisal management company, to directly or indirectly engage or attempt to perform appraisal management services, or to advertise or hold itself out as engaging in or conducting business as an appraisal management company without first obtaining a registration issued by the commission under sections 339.500 to 339.549; except for:

(1) The performance of services as an appraisal firm;

(2) A national or state bank, federal or state savings institution, or credit union that is subject to direct regulation or supervision by an agency of the United States government, or by the Missouri department of commerce and insurance, that receives a request for the performance of an appraisal from one employee of the financial institution, and another employee of the same financial institution assigns the request for the appraisal to an appraiser who is an independent contractor to the institution;

(3) An appraisal management company that is a subsidiary owned and controlled by a financial institution and regulated by a federal institution regulatory agency;

(4) An appraiser that enters into an agreement, whether written or otherwise, with an appraiser for the performance of an appraisal, and upon the completion of the appraisal, the report of the appraiser performing the appraisal is signed by both the appraiser who completed the appraisal and the appraiser who requested the completion of the appraisal;

(5) A state agency or local municipality that orders appraisals for ad valorem tax purposes or any other business on behalf of the state of Missouri;

(6) Any person licensed to practice law in this state, a court-appointed personal representative, or a trustee who orders an appraisal in connection with a bona fide client relationship when such person directly contracts with an independent appraiser.

(L. 1990 H.B. 1456 § 4, A.L. 1998 H.B. 1601, et al., A.L. 2012 H.B. 1103)

Mo. Rev. Stat. § 339.710

339.710. Definitions. — For purposes of sections 339.010 to 339.180, and sections 339.710 to 339.860*, the following terms mean:

(1) "Adverse material fact", a fact related to the property not reasonably ascertainable or known to a party which negatively affects the value of the property. Adverse material facts may include matters pertaining to:

(a) Environmental hazards affecting the property;

(b) Physical condition of the property which adversely affects the value of the property;

(c) Material defects in the property;

(d) Material defects in the title to the property;

(e) Material limitation of the party's ability to perform under the terms of the contract;

(2) "Affiliated licensee", any broker or salesperson who works under the supervision of a designated broker;

(3) "Agent", a person or entity acting pursuant to the provisions of this chapter;

(4) "Broker disclosure form", the current form prescribed by the commission for presentation to a seller, landlord, buyer or tenant who has not entered into a written agreement for brokerage services;

(5) "Brokerage relationship", the relationship created between a designated broker, the broker's affiliated licensees, and a client relating to the performance of services of a broker as defined in section 339.010, and sections 339.710 to 339.860*. If a designated broker makes an appointment of an affiliated licensee or affiliated licensees pursuant to section 339.820, such brokerage relationships are created between the appointed licensee or licensees and the client. Nothing in this subdivision shall:

(a) Alleviate the designated broker from duties of supervision of the appointed licensee or licensees; or

(b) Alter the designated broker's underlying contractual agreement with the client;

(6) "Client", a seller, landlord, buyer, or tenant who has entered into a brokerage relationship with a licensee pursuant to sections 339.710 to 339.860*;

(7) "Commercial real estate", any real estate other than real estate containing one to four residential units or real estate classified as agricultural and horticultural property for assessment purposes pursuant to section 137.016. Commercial real estate does not include single family residential units including condominiums, townhouses, or homes in a subdivision when that real estate is sold, leased, or otherwise conveyed on a unit-by-unit basis even though the units may be part of a larger building or parcel of real estate containing more than four units;

(8) "Commission", the Missouri real estate commission;

(9) "Confidential information", information obtained by the licensee from the client and designated as confidential by the client, information made confidential by sections 339.710 to 339.860* or any other statute or regulation, or written instructions from the client unless the information is made public or becomes public by the words or conduct of the client to whom the information pertains or by a source other than the licensee;

(10) "Customer", an actual or potential seller, landlord, buyer, or tenant in a real estate transaction in which a licensee is involved but who has not entered into a brokerage relationship with the licensee;

(11) "Designated agent", a licensee named by a designated broker as the limited agent of a client as provided for in section 339.820;

(12) "Designated broker", any individual licensed as a broker who is operating pursuant to the definition of real estate broker as defined in section 339.010, or any individual licensed as a broker who is appointed by a partnership, limited partnership, association, limited liability corporation, professional corporation, or a corporation engaged in the real estate brokerage business to be responsible for the acts of the partnership, limited partnership, association, limited liability company, professional corporation or corporation. Every real estate broker partnership, limited partnership, association, limited liability company, professional corporation or corporation shall appoint a designated broker;

(13) "Designated transaction broker", a licensee named by a designated broker or deemed appointed by a designated broker as the transaction broker for a client pursuant to section 339.820;

(14) "Dual agency", a form of agency which may result when an agent licensee or someone affiliated with the agent licensee represents another party to the same transaction;

(15) "Dual agent", a limited agent who, with the written consent of all parties to a contemplated real estate transaction, has entered into an agency brokerage relationship, and not a transaction brokerage relationship, with and therefore represents both the seller and buyer or both the landlord and tenant;

(16) "Exclusive brokerage agreement", means a written brokerage agreement which provides that the broker has the sole right, through the broker or through one or more affiliated licensees, to act as the exclusive limited agent, representative, or transaction broker of the client or customer that meets the requirements of section 339.780;

(17) "Licensee", a real estate broker or salesperson as defined in section 339.010;

(18) "Limited agent", a licensee whose duties and obligations to a client are those set forth in sections 339.730 to 339.750;

(19) "Ministerial acts", those acts that a licensee may perform for a person or entity that are informative in nature and do not rise to the level which requires the creation of a brokerage relationship. Examples of these acts include, but are not limited to:

(a) Responding to telephone inquiries by consumers as to the availability and pricing of brokerage services;

(b) Responding to telephone inquiries from a person concerning the price or location of property;

(c) Attending an open house and responding to questions about the property from a consumer;

(d) Setting an appointment to view property;

(e) Responding to questions of consumers walking into a licensee's office concerning brokerage services offered on particular properties;

(f) Accompanying an appraiser, inspector, contractor, or similar third party on a visit to a property;

(g) Describing a property or the property's condition in response to a person's inquiry;

(h) Showing a customer through a property being sold by an owner on his or her own behalf; or

(i) Referral to another broker or service provider;

(20) "Residential real estate", all real property improved by a structure that is used or intended to be used primarily for residential living by human occupants and that contains not more than four dwelling units or that contains single dwelling units owned as a condominium or in a cooperative housing association, and vacant land classified as residential property. The term "cooperative housing association" means an association, whether incorporated or unincorporated, organized for the purpose of owning and operating residential real property in Missouri, the shareholders or members of which, by reason of their ownership of a stock or membership certificate, a proprietary lease, or other evidence of membership, are entitled to occupy a dwelling unit pursuant to the terms of a proprietary lease or occupancy agreement;

(21) "Single agent", a licensee who has entered into a brokerage relationship with and therefore represents only one party in a real estate transaction. A single agent may be one of the following:

(a) "Buyer's agent", which shall mean a licensee who represents the buyer in a real estate transaction;

(b) "Landlord's agent", which shall mean a licensee who represents a landlord in a leasing transaction;

(c) "Seller's agent", which shall mean a licensee who represents the seller in a real estate transaction; and

(d) "Tenant's agent", which shall mean a licensee who represents the tenant in a leasing transaction;

(22) "Subagent", a designated broker, together with the broker's affiliated licensees, engaged by another designated broker, together with the broker's affiliated or appointed affiliated licensees, to act as a limited agent for a client, or a designated broker's unappointed affiliated licensees engaged by the designated broker, together with the broker's appointed affiliated licensees, to act as a limited agent for a client. A subagent owes the same obligations and responsibilities to the client pursuant to sections 339.730 to 339.740 as does the client's designated broker;

(23) "Transaction broker", any licensee acting pursuant to sections 339.710 to 339.860*, who:

(a) Assists the parties to a transaction without an agency or fiduciary relationship to either party and is, therefore, neutral, serving neither as an advocate or advisor for either party to the transaction;

(b) Assists one or more parties to a transaction and who has not entered into a specific written agency agreement to represent one or more of the parties; or

(c) Assists another party to the same transaction either solely or through licensee affiliates. Such licensee shall be deemed to be a transaction broker and not a dual agent, provided that, notice of assumption of transaction broker status is provided to the buyer and seller immediately upon such default to transaction broker status, to be confirmed in writing prior to execution of the contract.

(L. 1996 S.B. 664 § 1, A.L. 1998 H.B. 1601, et al., A.L. 1999 H.B. 866, A.L. 2002 H.B. 1964, A.L. 2004 H.B. 985, A.L. 2005 H.B. 174, A.L. 2009 H.B. 842, A.L. 2010 H.B. 1692, et al. merged with S.B. 754)

*Section 339.860 was repealed by S.B. 613 Revision, 2007.

Mo. Rev. Stat. § 339.780

339.780. Brokerage services, written agreements for, parties to, authorizations by designated broker — written agreements, limited agency, single agent, dual agent or subagent. — 1. All written agreements for brokerage services on behalf of a seller, landlord, buyer, or tenant shall be entered into by the designated broker on behalf of that broker and affiliated licensees, except that the designated broker may authorize affiliated licensees in writing to enter into the written agreements on behalf of the designated broker.

1. Before engaging in any of the activities enumerated in section 339.010, a designated broker intending to establish a limited agency relationship with a seller or landlord shall enter into a written agency agreement with the party to be represented. The agreement shall include a licensee's duties and responsibilities specified in section 339.730 and the terms of compensation and shall specify whether an offer of subagency may be made to any other designated broker.

2. Before engaging in any acts enumerated in section 339.010, except ministerial acts defined in section 339.710, a designated broker acting as a single agent for a buyer or tenant shall enter into a written agency agreement with the buyer or tenant. The agreement shall include a licensee's duties and responsibilities specified in section 339.740 and the terms of compensation.

3. Before engaging in any of the activities enumerated in section 339.010, a designated broker intending to act as a dual agent shall enter into a written agreement with the seller and buyer or landlord and tenant permitting the designated broker to serve as a dual agent. The agreement shall include a licensee's duties and responsibilities specified in section 339.750 and the terms of compensation.

4. Before engaging in any of the activities enumerated in section 339.010, a designated broker intending to act as a subagent shall enter into a written agreement with the designated broker for the client. If a designated broker has made a unilateral offer of subagency, another designated broker can enter into the subagency relationship by the act of disclosing to the customer that he or she is a subagent of the client. If a designated broker has made an appointment pursuant to section 339.820, an affiliated licensee that has been excluded by such appointment may enter into the subagency relationship by the act of disclosing to the customer that he or she is a subagent of the client.

5. A designated broker who intends to act as a transaction broker and who expects to receive compensation from the party he or she assists shall enter into a written transaction brokerage agreement with such party or parties contracting for the broker's service. The transaction brokerage agreement shall include a licensee's duties and responsibilities specified in section 339.755 and the terms of compensation.

6. All exclusive brokerage agreements shall specify that the broker, through the broker or through one or more affiliated licensees, shall provide, at a minimum, the following services:

(1) Accepting delivery of and presenting to the client or customer offers and counteroffers to buy, sell, or lease the client's or customer's property or the property the client or customer seeks to purchase or lease;

(2) Assisting the client or customer in developing, communicating, negotiating, and presenting offers, counteroffers, and notices that relate to the offers and the counteroffers until a lease or purchase agreement is signed and all contingencies are satisfied or waived; and

(3) Answering the client's or customer's questions relating to the offers, counteroffers, notices, and contingencies.

1. Nothing contained in this section shall prohibit the public from entering into written contracts with any broker which contain duties, obligations, or responsibilities which are in addition to those specified in this section.

(L. 1996 S.B. 664 § 8, A.L. 1998 H.B. 1601, et al., A.L. 1999 H.B. 866, A.L. 2004 H.B. 985, A.L. 2005 H.B. 174, A.L. 2025 H.B. 595 & 343 merged with H.B. 596)

Mo. Rev. Stat. § 341.090

341.090. Definitions. — 1. The word "person" as used herein shall be construed to mean a natural person, firm, corporation, association, partnership or common law trust and shall include the owner, lessee or keeper of any building or premises or the agent thereof or building contractor engaged in the construction of any building or structure.

1. The term "minor repairs" shall be construed to mean repairs within the interior of any building to leaks in drains, pipes, traps and cocks, opening waste or supply pipes, traps or drains, and repairing broken fixtures or frozen pipes. It shall not be construed to include any work involving connections to soil pipes, supply pipes, waste pipes, vent pipes or inside rain leader pipes, or the replacing or setting of any fixture, or any other installation, repair or alteration which in the judgment of the supervisor is of such a nature which if improperly installed, repaired or altered would endanger the public health.

2. The word "apprentice" as used herein shall be construed to mean a person learning the principles and art of installing plumbing and drainage facilities, under the personal direction and supervision of a licensed master plumber or a licensed journeyman plumber.

(L. 1943 p. 831 § 15)

The law belongs to the people. Georgia v. Public.Resource.Org, 590 U.S. (2020)