Division of professional registration established, duties--boards andcommissions assigned to--reference to division in statutes.
324.001. 1. For the purposes of this section, the following termsmean:
(1) "Department", the department of insurance, financial institutionsand professional registration;
(2) "Director", the director of the division of professionalregistration; and
(3) "Division", the division of professional registration.
2. There is hereby established a "Division of ProfessionalRegistration" assigned to the department of insurance, financialinstitutions and professional registration as a type III transfer, headedby a director appointed by the governor with the advice and consent of thesenate. All of the general provisions, definitions and powers enumeratedin section 1 of the Omnibus State Reorganization Act of 1974 and ExecutiveOrder 06-04 shall apply to this department and its divisions, agencies, andpersonnel.
3. The director of the division of professional registration shallpromulgate rules and regulations which designate for each board orcommission assigned to the division the renewal date for licenses orcertificates. After the initial establishment of renewal dates, nodirector of the division shall promulgate a rule or regulation which wouldchange the renewal date for licenses or certificates if such change inrenewal date would occur prior to the date on which the renewal date ineffect at the time such new renewal date is specified next occurs. Eachboard or commission shall by rule or regulation establish licensing periodsof one, two, or three years. Registration fees set by a board orcommission shall be effective for the entire licensing period involved, andshall not be increased during any current licensing period. Persons whoare required to pay their first registration fees shall be allowed to paythe pro rata share of such fees for the remainder of the period remainingat the time the fees are paid. Each board or commission shall provide thenecessary forms for initial registration, and thereafter the director mayprescribe standard forms for renewal of licenses and certificates. Eachboard or commission shall by rule and regulation require each applicant toprovide the information which is required to keep the board's recordscurrent. Each board or commission shall have the authority to collect andanalyze information required to support workforce planning and policydevelopment. Such information shall not be publicly disclosed so as toidentify a specific health care provider, as defined in section 376.1350,RSMo. Each board or commission shall issue the original license orcertificate.
4. The division shall provide clerical and other staff servicesrelating to the issuance and renewal of licenses for all the professionallicensing and regulating boards and commissions assigned to the division.The division shall perform the financial management and clerical functionsas they each relate to issuance and renewal of licenses and certificates."Issuance and renewal of licenses and certificates" means the ministerialfunction of preparing and delivering licenses or certificates, andobtaining material and information for the board or commission inconnection with the renewal thereof. It does not include any discretionaryauthority with regard to the original review of an applicant'squalifications for licensure or certification, or the subsequent review oflicensee's or certificate holder's qualifications, or any disciplinaryaction contemplated against the licensee or certificate holder. Thedivision may develop and implement microfilming systems and automated ormanual management information systems.
5. The director of the division shall maintain a system of accountingand budgeting, in cooperation with the director of the department, theoffice of administration, and the state auditor's office, to ensure propercharges are made to the various boards for services rendered to them. Thegeneral assembly shall appropriate to the division and other state agenciesfrom each board's funds moneys sufficient to reimburse the division andother state agencies for all services rendered and all facilities andsupplies furnished to that board.
6. For accounting purposes, the appropriation to the division and tothe office of administration for the payment of rent for quarters providedfor the division shall be made from the "Professional Registration FeesFund", which is hereby created, and is to be used solely for the purposedefined in subsection 5 of this section. The fund shall consist of moneysdeposited into it from each board's fund. Each board shall contribute aprorated amount necessary to fund the division for services rendered andrent based upon the system of accounting and budgeting established by thedirector of the division as provided in subsection 5 of this section.Transfers of funds to the professional registration fees fund shall be madeby each board on July first of each year; provided, however, that thedirector of the division may establish an alternative date or dates oftransfers at the request of any board. Such transfers shall be made untilthey equal the prorated amount for services rendered and rent by thedivision. The provisions of section 33.080, RSMo, to the contrarynotwithstanding, money in this fund shall not be transferred and placed tothe credit of general revenue.
7. The director of the division shall be responsible for collectingand accounting for all moneys received by the division or its componentagencies. Any money received by a board or commission shall be promptlygiven, identified by type and source, to the director. The director shallkeep a record by board and state accounting system classification of theamount of revenue the director receives. The director shall promptlytransmit all receipts to the department of revenue for deposit in the statetreasury to the credit of the appropriate fund. The director shall provideeach board with all relevant financial information in a timely fashion.Each board shall cooperate with the director by providing necessaryinformation.
8. All educational transcripts, test scores, complaints,investigatory reports, and information pertaining to any person who is anapplicant or licensee of any agency assigned to the division ofprofessional registration by statute or by the department are confidentialand may not be disclosed to the public or any member of the public, exceptwith the written consent of the person whose records are involved. Theagency which possesses the records or information shall disclose therecords or information if the person whose records or information isinvolved has consented to the disclosure. Each agency is entitled to theattorney-client privilege and work-product privilege to the same extent asany other person. Provided, however, that any board may discloseconfidential information without the consent of the person involved in thecourse of voluntary interstate exchange of information, or in the course ofany litigation concerning that person, or pursuant to a lawful request, orto other administrative or law enforcement agencies acting within the scopeof their statutory authority. Information regarding identity, includingnames and addresses, registration, and currency of the license of thepersons possessing licenses to engage in a professional occupation and thenames and addresses of applicants for such licenses is not confidentialinformation.
9. Any deliberations conducted and votes taken in rendering a finaldecision after a hearing before an agency assigned to the division shall beclosed to the parties and the public. Once a final decision is rendered,that decision shall be made available to the parties and the public.
10. A compelling governmental interest shall be deemed to exist forthe purposes of section 536.025, RSMo, for licensure fees to be reduced byemergency rule, if the projected fund balance of any agency assigned to thedivision of professional registration is reasonably expected to exceed anamount that would require transfer from that fund to general revenue.
11. (1) The following boards and commissions are assigned byspecific type transfers to the division of professional registration:Missouri state board of accountancy, chapter 326, RSMo; board ofcosmetology and barber examiners, chapters 328 and 329, RSMo; Missouriboard for architects, professional engineers, professional land surveyorsand landscape architects, chapter 327, RSMo; Missouri state board ofchiropractic examiners, chapter 331, RSMo; state board of registration forthe healing arts, chapter 334, RSMo; Missouri dental board, chapter 332,RSMo; state board of embalmers and funeral directors, chapter 333, RSMo;state board of optometry, chapter 336, RSMo; Missouri state board ofnursing, chapter 335, RSMo; board of pharmacy, chapter 338, RSMo; stateboard of podiatric medicine, chapter 330, RSMo; Missouri real estateappraisers commission, chapter 339, RSMo; and Missouri veterinary medicalboard, chapter 340, RSMo. The governor shall appoint members of theseboards by and with the advice and consent of the senate.
(2) The boards and commissions assigned to the division shallexercise all their respective statutory duties and powers, except thoseclerical and other staff services involving collecting and accounting formoneys and financial management relating to the issuance and renewal oflicenses, which services shall be provided by the division, within theappropriation therefor. Nothing herein shall prohibit employment ofprofessional examining or testing services from professional associationsor others as required by the boards or commissions on contract. Nothingherein shall be construed to affect the power of a board or commission toexpend its funds as appropriated. However, the division shall review theexpense vouchers of each board. The results of such review shall besubmitted to the board reviewed and to the house and senate appropriationscommittees annually.
(3) Notwithstanding any other provisions of law, the director of thedivision shall exercise only those management functions of the boards andcommissions specifically provided in the Reorganization Act of 1974, andthose relating to the allocation and assignment of space, personnel otherthan 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, and345, RSMo, shall mean personnel whose functions and responsibilities are inareas not related to the clerical duties involving the issuance and renewalof licenses, to the collecting and accounting for moneys, or to financialmanagement relating to issuance and renewal of licenses; specificallyincluded are executive secretaries (or comparable positions), consultants,inspectors, investigators, counsel, and secretarial support staff for thesepositions; and such other positions as are established and authorized bystatute for a particular board or commission. Boards and commissions mayemploy legal counsel, if authorized by law, and temporary personnel if theboard is unable to meet its responsibilities with the employees authorizedabove. Any board or commission which hires temporary employees shallannually provide the division director and the appropriation committees ofthe general assembly with a complete list of all persons employed in theprevious year, the length of their employment, the amount of theirremuneration, and a description of their responsibilities.
(5) Board personnel for each board or commission shall be employed byand serve at the pleasure of the board or commission, shall be supervisedas the board or commission designates, and shall have their duties andcompensation prescribed by the board or commission, within appropriationsfor that purpose, except that compensation for board personnel shall notexceed that established for comparable positions as determined by the boardor commission pursuant to the job and pay plan of the department ofinsurance, financial institutions and professional registration. Nothingherein shall be construed to permit salaries for any board personnel to belowered except by board action.
12. All the powers, duties, and functions of the division ofathletics, chapter 317, RSMo, and others, are assigned by type I transferto the division of professional registration.
13. Wherever the laws, rules, or regulations of this state makereference to the "division of professional registration of the departmentof economic development", such references shall be deemed to refer to thedivision of professional registration.
Division of professional registration established, duties--boards andcommissions assigned to--reference to division in statutes.
324.001. 1. For the purposes of this section, the following termsmean:
(1) "Department", the department of insurance, financial institutionsand professional registration;
(2) "Director", the director of the division of professionalregistration; and
(3) "Division", the division of professional registration.
2. There is hereby established a "Division of ProfessionalRegistration" assigned to the department of insurance, financialinstitutions and professional registration as a type III transfer, headedby a director appointed by the governor with the advice and consent of thesenate. All of the general provisions, definitions and powers enumeratedin section 1 of the Omnibus State Reorganization Act of 1974 and ExecutiveOrder 06-04 shall apply to this department and its divisions, agencies, andpersonnel.
3. The director of the division of professional registration shallpromulgate rules and regulations which designate for each board orcommission assigned to the division the renewal date for licenses orcertificates. After the initial establishment of renewal dates, nodirector of the division shall promulgate a rule or regulation which wouldchange the renewal date for licenses or certificates if such change inrenewal date would occur prior to the date on which the renewal date ineffect at the time such new renewal date is specified next occurs. Eachboard or commission shall by rule or regulation establish licensing periodsof one, two, or three years. Registration fees set by a board orcommission shall be effective for the entire licensing period involved, andshall not be increased during any current licensing period. Persons whoare required to pay their first registration fees shall be allowed to paythe pro rata share of such fees for the remainder of the period remainingat the time the fees are paid. Each board or commission shall provide thenecessary forms for initial registration, and thereafter the director mayprescribe standard forms for renewal of licenses and certificates. Eachboard or commission shall by rule and regulation require each applicant toprovide the information which is required to keep the board's recordscurrent. Each board or commission shall have the authority to collect andanalyze information required to support workforce planning and policydevelopment. Such information shall not be publicly disclosed so as toidentify a specific health care provider, as defined in section 376.1350,RSMo. Each board or commission shall issue the original license orcertificate.
4. The division shall provide clerical and other staff servicesrelating to the issuance and renewal of licenses for all the professionallicensing and regulating boards and commissions assigned to the division.The division shall perform the financial management and clerical functionsas they each relate to issuance and renewal of licenses and certificates."Issuance and renewal of licenses and certificates" means the ministerialfunction of preparing and delivering licenses or certificates, andobtaining material and information for the board or commission inconnection with the renewal thereof. It does not include any discretionaryauthority with regard to the original review of an applicant'squalifications for licensure or certification, or the subsequent review oflicensee's or certificate holder's qualifications, or any disciplinaryaction contemplated against the licensee or certificate holder. Thedivision may develop and implement microfilming systems and automated ormanual management information systems.
5. The director of the division shall maintain a system of accountingand budgeting, in cooperation with the director of the department, theoffice of administration, and the state auditor's office, to ensure propercharges are made to the various boards for services rendered to them. Thegeneral assembly shall appropriate to the division and other state agenciesfrom each board's funds moneys sufficient to reimburse the division andother state agencies for all services rendered and all facilities andsupplies furnished to that board.
6. For accounting purposes, the appropriation to the division and tothe office of administration for the payment of rent for quarters providedfor the division shall be made from the "Professional Registration FeesFund", which is hereby created, and is to be used solely for the purposedefined in subsection 5 of this section. The fund shall consist of moneysdeposited into it from each board's fund. Each board shall contribute aprorated amount necessary to fund the division for services rendered andrent based upon the system of accounting and budgeting established by thedirector of the division as provided in subsection 5 of this section.Transfers of funds to the professional registration fees fund shall be madeby each board on July first of each year; provided, however, that thedirector of the division may establish an alternative date or dates oftransfers at the request of any board. Such transfers shall be made untilthey equal the prorated amount for services rendered and rent by thedivision. The provisions of section 33.080, RSMo, to the contrarynotwithstanding, money in this fund shall not be transferred and placed tothe credit of general revenue.
7. The director of the division shall be responsible for collectingand accounting for all moneys received by the division or its componentagencies. Any money received by a board or commission shall be promptlygiven, identified by type and source, to the director. The director shallkeep a record by board and state accounting system classification of theamount of revenue the director receives. The director shall promptlytransmit all receipts to the department of revenue for deposit in the statetreasury to the credit of the appropriate fund. The director shall provideeach board with all relevant financial information in a timely fashion.Each board shall cooperate with the director by providing necessaryinformation.
8. All educational transcripts, test scores, complaints,investigatory reports, and information pertaining to any person who is anapplicant or licensee of any agency assigned to the division ofprofessional registration by statute or by the department are confidentialand may not be disclosed to the public or any member of the public, exceptwith the written consent of the person whose records are involved. Theagency which possesses the records or information shall disclose therecords or information if the person whose records or information isinvolved has consented to the disclosure. Each agency is entitled to theattorney-client privilege and work-product privilege to the same extent asany other person. Provided, however, that any board may discloseconfidential information without the consent of the person involved in thecourse of voluntary interstate exchange of information, or in the course ofany litigation concerning that person, or pursuant to a lawful request, orto other administrative or law enforcement agencies acting within the scopeof their statutory authority. Information regarding identity, includingnames and addresses, registration, and currency of the license of thepersons possessing licenses to engage in a professional occupation and thenames and addresses of applicants for such licenses is not confidentialinformation.
9. Any deliberations conducted and votes taken in rendering a finaldecision after a hearing before an agency assigned to the division shall beclosed to the parties and the public. Once a final decision is rendered,that decision shall be made available to the parties and the public.
10. A compelling governmental interest shall be deemed to exist forthe purposes of section 536.025, RSMo, for licensure fees to be reduced byemergency rule, if the projected fund balance of any agency assigned to thedivision of professional registration is reasonably expected to exceed anamount that would require transfer from that fund to general revenue.
11. (1) The following boards and commissions are assigned byspecific type transfers to the division of professional registration:Missouri state board of accountancy, chapter 326, RSMo; board ofcosmetology and barber examiners, chapters 328 and 329, RSMo; Missouriboard for architects, professional engineers, professional land surveyorsand landscape architects, chapter 327, RSMo; Missouri state board ofchiropractic examiners, chapter 331, RSMo; state board of registration forthe healing arts, chapter 334, RSMo; Missouri dental board, chapter 332,RSMo; state board of embalmers and funeral directors, chapter 333, RSMo;state board of optometry, chapter 336, RSMo; Missouri state board ofnursing, chapter 335, RSMo; board of pharmacy, chapter 338, RSMo; stateboard of podiatric medicine, chapter 330, RSMo; Missouri real estateappraisers commission, chapter 339, RSMo; and Missouri veterinary medicalboard, chapter 340, RSMo. The governor shall appoint members of theseboards by and with the advice and consent of the senate.
(2) The boards and commissions assigned to the division shallexercise all their respective statutory duties and powers, except thoseclerical and other staff services involving collecting and accounting formoneys and financial management relating to the issuance and renewal oflicenses, which services shall be provided by the division, within theappropriation therefor. Nothing herein shall prohibit employment ofprofessional examining or testing services from professional associationsor others as required by the boards or commissions on contract. Nothingherein shall be construed to affect the power of a board or commission toexpend its funds as appropriated. However, the division shall review theexpense vouchers of each board. The results of such review shall besubmitted to the board reviewed and to the house and senate appropriationscommittees annually.
(3) Notwithstanding any other provisions of law, the director of thedivision shall exercise only those management functions of the boards andcommissions specifically provided in the Reorganization Act of 1974, andthose relating to the allocation and assignment of space, personnel otherthan 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, and345, RSMo, shall mean personnel whose functions and responsibilities are inareas not related to the clerical duties involving the issuance and renewalof licenses, to the collecting and accounting for moneys, or to financialmanagement relating to issuance and renewal of licenses; specificallyincluded are executive secretaries (or comparable positions), consultants,inspectors, investigators, counsel, and secretarial support staff for thesepositions; and such other positions as are established and authorized bystatute for a particular board or commission. Boards and commissions mayemploy legal counsel, if authorized by law, and temporary personnel if theboard is unable to meet its responsibilities with the employees authorizedabove. Any board or commission which hires temporary employees shallannually provide the division director and the appropriation committees ofthe general assembly with a complete list of all persons employed in theprevious year, the length of their employment, the amount of theirremuneration, and a description of their responsibilities.
(5) Board personnel for each board or commission shall be employed byand serve at the pleasure of the board or commission, shall be supervisedas the board or commission designates, and shall have their duties andcompensation prescribed by the board or commission, within appropriationsfor that purpose, except that compensation for board personnel shall notexceed that established for comparable positions as determined by the boardor commission pursuant to the job and pay plan of the department ofinsurance, financial institutions and professional registration. Nothingherein shall be construed to permit salaries for any board personnel to belowered except by board action.
12. All the powers, duties, and functions of the division ofathletics, chapter 317, RSMo, and others, are assigned by type I transferto the division of professional registration.
13. Wherever the laws, rules, or regulations of this state makereference to the "division of professional registration of the departmentof economic development", such references shall be deemed to refer to thedivision of professional registration.
Division of professional registration established, duties--boards andcommissions assigned to--reference to division in statutes.
324.001. 1. For the purposes of this section, the following termsmean:
(1) "Department", the department of insurance, financial institutionsand professional registration;
(2) "Director", the director of the division of professionalregistration; and
(3) "Division", the division of professional registration.
2. There is hereby established a "Division of ProfessionalRegistration" assigned to the department of insurance, financialinstitutions and professional registration as a type III transfer, headedby a director appointed by the governor with the advice and consent of thesenate. All of the general provisions, definitions and powers enumeratedin section 1 of the Omnibus State Reorganization Act of 1974 and ExecutiveOrder 06-04 shall apply to this department and its divisions, agencies, andpersonnel.
3. The director of the division of professional registration shallpromulgate rules and regulations which designate for each board orcommission assigned to the division the renewal date for licenses orcertificates. After the initial establishment of renewal dates, nodirector of the division shall promulgate a rule or regulation which wouldchange the renewal date for licenses or certificates if such change inrenewal date would occur prior to the date on which the renewal date ineffect at the time such new renewal date is specified next occurs. Eachboard or commission shall by rule or regulation establish licensing periodsof one, two, or three years. Registration fees set by a board orcommission shall be effective for the entire licensing period involved, andshall not be increased during any current licensing period. Persons whoare required to pay their first registration fees shall be allowed to paythe pro rata share of such fees for the remainder of the period remainingat the time the fees are paid. Each board or commission shall provide thenecessary forms for initial registration, and thereafter the director mayprescribe standard forms for renewal of licenses and certificates. Eachboard or commission shall by rule and regulation require each applicant toprovide the information which is required to keep the board's recordscurrent. Each board or commission shall have the authority to collect andanalyze information required to support workforce planning and policydevelopment. Such information shall not be publicly disclosed so as toidentify a specific health care provider, as defined in section 376.1350,RSMo. Each board or commission shall issue the original license orcertificate.
4. The division shall provide clerical and other staff servicesrelating to the issuance and renewal of licenses for all the professionallicensing and regulating boards and commissions assigned to the division.The division shall perform the financial management and clerical functionsas they each relate to issuance and renewal of licenses and certificates."Issuance and renewal of licenses and certificates" means the ministerialfunction of preparing and delivering licenses or certificates, andobtaining material and information for the board or commission inconnection with the renewal thereof. It does not include any discretionaryauthority with regard to the original review of an applicant'squalifications for licensure or certification, or the subsequent review oflicensee's or certificate holder's qualifications, or any disciplinaryaction contemplated against the licensee or certificate holder. Thedivision may develop and implement microfilming systems and automated ormanual management information systems.
5. The director of the division shall maintain a system of accountingand budgeting, in cooperation with the director of the department, theoffice of administration, and the state auditor's office, to ensure propercharges are made to the various boards for services rendered to them. Thegeneral assembly shall appropriate to the division and other state agenciesfrom each board's funds moneys sufficient to reimburse the division andother state agencies for all services rendered and all facilities andsupplies furnished to that board.
6. For accounting purposes, the appropriation to the division and tothe office of administration for the payment of rent for quarters providedfor the division shall be made from the "Professional Registration FeesFund", which is hereby created, and is to be used solely for the purposedefined in subsection 5 of this section. The fund shall consist of moneysdeposited into it from each board's fund. Each board shall contribute aprorated amount necessary to fund the division for services rendered andrent based upon the system of accounting and budgeting established by thedirector of the division as provided in subsection 5 of this section.Transfers of funds to the professional registration fees fund shall be madeby each board on July first of each year; provided, however, that thedirector of the division may establish an alternative date or dates oftransfers at the request of any board. Such transfers shall be made untilthey equal the prorated amount for services rendered and rent by thedivision. The provisions of section 33.080, RSMo, to the contrarynotwithstanding, money in this fund shall not be transferred and placed tothe credit of general revenue.
7. The director of the division shall be responsible for collectingand accounting for all moneys received by the division or its componentagencies. Any money received by a board or commission shall be promptlygiven, identified by type and source, to the director. The director shallkeep a record by board and state accounting system classification of theamount of revenue the director receives. The director shall promptlytransmit all receipts to the department of revenue for deposit in the statetreasury to the credit of the appropriate fund. The director shall provideeach board with all relevant financial information in a timely fashion.Each board shall cooperate with the director by providing necessaryinformation.
8. All educational transcripts, test scores, complaints,investigatory reports, and information pertaining to any person who is anapplicant or licensee of any agency assigned to the division ofprofessional registration by statute or by the department are confidentialand may not be disclosed to the public or any member of the public, exceptwith the written consent of the person whose records are involved. Theagency which possesses the records or information shall disclose therecords or information if the person whose records or information isinvolved has consented to the disclosure. Each agency is entitled to theattorney-client privilege and work-product privilege to the same extent asany other person. Provided, however, that any board may discloseconfidential information without the consent of the person involved in thecourse of voluntary interstate exchange of information, or in the course ofany litigation concerning that person, or pursuant to a lawful request, orto other administrative or law enforcement agencies acting within the scopeof their statutory authority. Information regarding identity, includingnames and addresses, registration, and currency of the license of thepersons possessing licenses to engage in a professional occupation and thenames and addresses of applicants for such licenses is not confidentialinformation.
9. Any deliberations conducted and votes taken in rendering a finaldecision after a hearing before an agency assigned to the division shall beclosed to the parties and the public. Once a final decision is rendered,that decision shall be made available to the parties and the public.
10. A compelling governmental interest shall be deemed to exist forthe purposes of section 536.025, RSMo, for licensure fees to be reduced byemergency rule, if the projected fund balance of any agency assigned to thedivision of professional registration is reasonably expected to exceed anamount that would require transfer from that fund to general revenue.
11. (1) The following boards and commissions are assigned byspecific type transfers to the division of professional registration:Missouri state board of accountancy, chapter 326, RSMo; board ofcosmetology and barber examiners, chapters 328 and 329, RSMo; Missouriboard for architects, professional engineers, professional land surveyorsand landscape architects, chapter 327, RSMo; Missouri state board ofchiropractic examiners, chapter 331, RSMo; state board of registration forthe healing arts, chapter 334, RSMo; Missouri dental board, chapter 332,RSMo; state board of embalmers and funeral directors, chapter 333, RSMo;state board of optometry, chapter 336, RSMo; Missouri state board ofnursing, chapter 335, RSMo; board of pharmacy, chapter 338, RSMo; stateboard of podiatric medicine, chapter 330, RSMo; Missouri real estateappraisers commission, chapter 339, RSMo; and Missouri veterinary medicalboard, chapter 340, RSMo. The governor shall appoint members of theseboards by and with the advice and consent of the senate.
(2) The boards and commissions assigned to the division shallexercise all their respective statutory duties and powers, except thoseclerical and other staff services involving collecting and accounting formoneys and financial management relating to the issuance and renewal oflicenses, which services shall be provided by the division, within theappropriation therefor. Nothing herein shall prohibit employment ofprofessional examining or testing services from professional associationsor others as required by the boards or commissions on contract. Nothingherein shall be construed to affect the power of a board or commission toexpend its funds as appropriated. However, the division shall review theexpense vouchers of each board. The results of such review shall besubmitted to the board reviewed and to the house and senate appropriationscommittees annually.
(3) Notwithstanding any other provisions of law, the director of thedivision shall exercise only those management functions of the boards andcommissions specifically provided in the Reorganization Act of 1974, andthose relating to the allocation and assignment of space, personnel otherthan 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, and345, RSMo, shall mean personnel whose functions and responsibilities are inareas not related to the clerical duties involving the issuance and renewalof licenses, to the collecting and accounting for moneys, or to financialmanagement relating to issuance and renewal of licenses; specificallyincluded are executive secretaries (or comparable positions), consultants,inspectors, investigators, counsel, and secretarial support staff for thesepositions; and such other positions as are established and authorized bystatute for a particular board or commission. Boards and commissions mayemploy legal counsel, if authorized by law, and temporary personnel if theboard is unable to meet its responsibilities with the employees authorizedabove. Any board or commission which hires temporary employees shallannually provide the division director and the appropriation committees ofthe general assembly with a complete list of all persons employed in theprevious year, the length of their employment, the amount of theirremuneration, and a description of their responsibilities.
(5) Board personnel for each board or commission shall be employed byand serve at the pleasure of the board or commission, shall be supervisedas the board or commission designates, and shall have their duties andcompensation prescribed by the board or commission, within appropriationsfor that purpose, except that compensation for board personnel shall notexceed that established for comparable positions as determined by the boardor commission pursuant to the job and pay plan of the department ofinsurance, financial institutions and professional registration. Nothingherein shall be construed to permit salaries for any board personnel to belowered except by board action.
12. All the powers, duties, and functions of the division ofathletics, chapter 317, RSMo, and others, are assigned by type I transferto the division of professional registration.
13. Wherever the laws, rules, or regulations of this state makereference to the "division of professional registration of the departmentof economic development", such references shall be deemed to refer to thedivision of professional registration.
