324.245. Authority of board--rulemaking--massage therapy fund.
Authority of board--rulemaking--massage therapy fund.
324.245. 1. The board is authorized to promulgate rules andregulations regarding:
(1) The content of license applications and the procedures for filingan application for an initial or renewal license in this state;
(2) The content, conduct and administration of the licensingexamination required by section 324.265;
(3) Educational requirements for licensure, including, but notlimited to, provisions that allow clock hours of supervised instruction ata vocational-technical school;
(4) The standards and methods to be used in assessing competency as amassage therapist;
(5) All applicable fees, set at an amount which shall notsubstantially exceed the cost and expense of administering sections 324.240to 324.275;
(6) Establishment of procedures for granting reciprocity with otherstates, including states which do not have massage therapy licensing lawsor states whose licensing laws are not substantially the same as those ofthis state; and
(7) Establishment of requirements for granting a license, as definedby rule, to a person who has completed an approved massage therapy programin another state that is less than five hundred hours.
2. All funds received by the board pursuant to the provisions ofsections 324.240 to 324.275 shall be collected by the director who shalltransmit the funds to the department of revenue for deposit in the statetreasury to the credit of the "Massage Therapy Fund" which is herebycreated. Notwithstanding the provisions of section 33.080, RSMo, to thecontrary, money in this fund shall not be transferred and placed to thecredit of general revenue until the amount in the fund at the end of thebiennium exceeds three times the amount of the appropriation from the fundfor the preceding fiscal year.
3. Any rule or portion of a rule, as that term is defined in section536.010, RSMo, that is promulgated to administer and enforce sections324.240 to 324.275, shall become effective only if the agency has fullycomplied with all of the requirements of chapter 536, RSMo, including butnot limited to, section 536.028, RSMo, if applicable, after August 28,1998. If the provisions of section 536.028, RSMo, apply, the provisions ofthis section are nonseverable and if any of the powers vested with thegeneral assembly pursuant to section 536.028, RSMo, to review, to delay theeffective date, or to disapprove and annul a rule or portion of a rule areheld unconstitutional or invalid, the purported grant of rulemakingauthority and any rule so proposed and contained in the order of rulemakingshall be invalid and void, except that nothing in this section shall affectthe validity of any rule adopted and promulgated prior to August 28, 1998.
(L. 1998 H.B. 1601, et al., A.L. 1999 H.B. 343 merged with S.B. 362, A.L. 2003 S.B. 686, A.L. 2006 S.B. 756)