Creates provisions relating to emergency suspensions or restrictions for massage therapists and chiropractors
Summary
HB58 creates a new emergency-discipline process for two groups of licensed professionals in Missouri: massage therapists and chiropractors. It authorizes the relevant licensing boards to seek an emergency suspension or restriction of a license from the Administrative Hearing Commission when the licensee is facing a pending criminal indictment, information, or other criminal charge tied to the duties of the occupation, and the board believes there is an imminent risk to public health, safety, or welfare.
The bill sets out a fast timeline for action. The board must file supporting affidavits and certified court records, the commission must issue findings within five days, and if an emergency order is granted, a full evidentiary hearing must occur within 45 days of filing, or after final criminal adjudication as appropriate, with an outer limit of 120 days. If no cause for discipline is found, the emergency order is terminated and any public record reference must be removed; if cause is found, the emergency restriction remains in place pending the board’s disciplinary process.
Impact
HB58 amends Chapters 324 and 331, RSMo, by adding new sections 324.263 and 331.084. In practical terms, it gives the Missouri Board authority to temporarily remove or restrict massage therapy and chiropractic licenses before a final disciplinary decision when criminal charges suggest an immediate threat to the public. The bill also clarifies that these emergency actions are in addition to, not a substitute for, any other discipline the board may impose under existing law.
Sentiment
The available voting history suggests the bill was generally supported in the House, passing third reading by a wide margin of 121 yeas to 28 nays. No committee transcript is available, so there is no recorded debate to indicate detailed support or opposition arguments. The vote pattern indicates broad agreement that the boards should have quicker tools to respond to serious criminal allegations involving licensed professionals.
Contention
The main point of contention is the balance between public protection and due process for license holders. Supporters are likely to view the bill as a necessary safeguard allowing boards to act quickly when criminal charges create an imminent risk, while opponents may worry about emergency suspensions occurring before a criminal case is resolved or before a full disciplinary hearing. The bill addresses some fairness concerns by requiring court records and affidavits, setting short deadlines for review, allowing the licensee to submit evidence, and requiring removal of public-record references if the emergency order is not granted.