334.850. Personnel provided through division of professional registration, duties--rulemaking.
Personnel provided through division of professional registration,duties--rulemaking.
334.850. The division of professional registration shall provide allnecessary personnel to carry out the provisions of sections 334.800 to334.930. The division shall:
(1) Exercise all budgeting, purchasing, reporting and other relatedmanagement functions;
(2) Deposit all fees collected pursuant to sections 334.800 to 334.930by transmitting such funds to the department of revenue for deposit to thestate treasury to the credit of the "Respiratory Care Practitioners Fund",which is hereby created. Notwithstanding the provisions of section 33.080,RSMo, to the contrary, money in this fund shall not be transferred and placedto the credit of general revenue until the amount in the fund at the end ofthe biennium exceeds two times the amount of the appropriations from the fundfor the preceding fiscal year, or three times the amount if the board requiresrenewal of licenses less often than annually. The amount, if any, in the fundwhich shall lapse is that amount in the fund which exceeds the appropriatemultiple of the appropriations from the fund for the preceding fiscal year;
(3) Process applications and notify licensees when a license is toexpire;
(4) Establish the amount the board shall receive as per diem for eachday devoted to the member's official duties on the board and reimburse anyactual and necessary expenses a board member incurs in the performance of themember's official duties;
(5) Promulgate, in cooperation with the board, such rules andregulations as are necessary to administer the provisions of sections 334.800to 334.930. Any rule or portion of a rule, as that term is defined in section536.010, RSMo, that is created under the authority delegated in sections334.800 to 334.930 shall become effective only if it complies with and issubject to all of the provisions of chapter 536, RSMo, and, if applicable,section 536.028, RSMo. All rulemaking authority delegated prior to August 28,1999, is of no force and effect and repealed. Nothing in this section shallbe interpreted to repeal or affect the validity of any rule filed or adoptedprior to August 28, 1999, if it fully complied with all applicable provisionsof law. This section and chapter 536, RSMo, are nonseverable and if any ofthe powers vested with the general assembly pursuant to chapter 536, RSMo, toreview, to delay the effective date or to disapprove and annul a rule aresubsequently held unconstitutional, then the grant of rulemaking authority andany rule proposed or adopted after August 28, 1999, shall be invalid and void.
(L. 1996 H.B. 999 § 6, A.L. 1999 H.B. 343, A.L. 2009 S.B. 296)