324.481. Duties of board--rulemaking authority--acupuncturist fund created, use of.
Duties of board--rulemaking authority--acupuncturist fund created, useof.
324.481. 1. The board shall upon recommendation of the committeelicense applicants who meet the qualifications for acupuncturists, who filefor licensure, and who pay all fees required for this licensure.
2. The board shall:
(1) Maintain a record of all board and committee proceedingsregarding sections 324.475 to 324.499 and of all acupuncturists licensed inthis state;
(2) Annually prepare a roster of the names and addresses of allacupuncturists licensed in this state, copies of which shall be madeavailable upon request to any person paying the fee therefor;
(3) Set the fee for the roster at an amount sufficient to cover theactual cost of publishing and distributing the roster;
(4) Adopt an official seal;
(5) Prescribe the design of all forms to be furnished to all personsseeking licensure under sections 324.475 to 324.499;
(6) Prescribe the form and design of the license to be issued undersections 324.475 to 324.499;
(7) Inform licensees of any changes in policy, rules or regulations;
(8) Upon the recommendation of the committee, set all fees, by rule,necessary to administer the provisions of sections 324.475 to 324.499.
3. The board may with the approval of the advisory committee:
(1) Issue subpoenas to compel witnesses to testify or produceevidence in proceedings to deny, suspend or revoke licensure;
(2) Promulgate rules pursuant to chapter 536, RSMo, in order to carryout the provisions of sections 324.475 to 324.499 including, but notlimited to, regulations establishing:
(a) Standards for the practice of acupuncture;
(b) Standards for ethical conduct in the practice of acupuncture;
(c) Standards for continuing professional education;
(d) Standards for the training and practice of auricular detoxtechnicians, including specific enumeration of points which may be used.
4. Any rule or portion of a rule, as that term is defined in section536.010, RSMo, that is promulgated to administer and enforce sections324.475 to 324.499, 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.
5. 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 "Acupuncturist Fund" which is hereby created.
6. 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 theacupuncturist fund for the preceding fiscal year. The amount, if any, inthe fund which shall lapse is that amount in the fund which exceeds theappropriate multiple of the appropriations from the acupuncturist fund forthe preceding fiscal year.
(L. 1998 H.B. 1601, et al. § 17, A.L. 1999 H.B. 343 merged with S.B. 8 & 173, A.L. 2009 S.B. 296)