MO Register Vol. 43 No. 6. (Pages 505-658)

LibraryMissouri Register
Enactment Date01 January 2018

Volume 43, Number 6

Pages 505-658

March 15, 2018

SALUS POPULI SUPREMA LEX ESTO
"The welfare of the people shall be the supreme law."
John R. Ashoroft
Secretary of State
MISSOURI
REGISTER

The Missouri Register is an official publication of the state of Missouri, under the authority granted to the secretary of state by sections 536.015 and 536.033, RSMo 2016. Reproduction of rules is allowed; however, no reproduction shall bear the name Missouri Register or "official" without the express permission of the secretary of state.

The Missouri Register is published semi-monthly by
Secretary of State
John R. Ashoroft
Administrative Rules Division
James C. Kirkpatrick State Information Center
600 W. Main
Jefferson City, MO 65101
(573) 751-4015
Editor-in-Chief
Curtis W. Treat
Managing Editor
Amanda McKay
Editor
vonne kilbourn
Associate Editor
Marty Spann
Publication Specialist
Jacqueline D. White
Administrative Aide
Alisha Dudenhoeffer
ISSN 0149-2942, USPS 320-630; periodical postage paid at Jefferson City, MO
Subscription fee: $56.00 per year
POSTMASTER: Send change of address nofices and undelivered copies to:
MISSOURI REGISTER
Office of the Secretary of State
Administrative Rules Division
PO Box 1767
Jefferson City, MO 65102

The Missouri Register and Code of State Regulations (CSR) are available on the Internet. The Register address is www.sos.mo.gov/adrules/moreg/moreg and the CSR is www.sos.mo.gov/adrules/csr/csr. These websites contain rulemakings and regulations as they appear in the paper copies of the Registers and CSR. The Administrative Rules Division may be contacted by email at rules@sos.mo.gov.

The secretary of state's office makes every effort to provide program accessibility to all citizens without regard to disability. If you desire this publication in alternate form because of a disability, please contact the Division of Administrative Rules, PO Box 1767, Jefferson City, MO 65102, (573) 751-4015. Hearing impaired citizens should contact the director through Missouri relay, (800) 735-2966.

In This Issue:

emergency rules

Department of Health and Senior Services

Division of Regulation and Licensure...............509

executive orders ...................519

proposed rules

Office of Administration

Missouri Ethics Commission ....................522

Department of Conservation

Conservation Commission......................523

Department of Transportation

Missouri Highways and Transportation Commission .....529

Department of Natural Resources

Petroleum storage Tank insurance Fund Board of Trustees .................................534

Department of Health and Senior Services

Division of Regulation and Licensure...............546

Department of Insurance, Financial Institutions

and Professional Registration

Missouri Dental Board ........................555

State Board of Nursing........................558

State Board of Pharmacy.......................583

orders of rulemaking

Department of Conservation

Conservation Commission......................587

Department of Transportation

Missouri Highways and Transportation Commission .....588

Department of Natural Resources

Clean Water Commission ......................590

Department of Revenue

Director of Revenue..........................617

Department of Health and Senior Services

Office of the Director.........................617

Division of Community and Public Health............621

Division of Regulation and Licensure...............621

Department of Insurance, Financial Institutions and Professional Registration

Missouri State Board of Accountancy...............625

in additions

Department of Health and Senior Services

Missouri Health Facilities Review Committee .........626

dissolutions .........................627

source guides

RULE CHANGES SINCE UPDATE ................634

EMERGENCY RULES IN EFFECT................644

EXECUTIVE ORDERS.........................645

REGISTER INDEX ...........................647

Register Filing Deadlines

Register Publication Date

Code Publication Date

Code Effective Date

November 1, 2017

December 1, 2017

December 31, 2017

January 30, 2018

November 15, 2017

December 15, 2017

December 31, 2017

January 30, 2018

December 1, 2017

January 2, 2018

January 29, 2018

February 28, 2018

December 15, 2017

January 16, 2018

January 29, 2018

February 28, 2018

January 2, 2018

February 1, 2018

February 28, 2018

March 30, 2018

January 16, 2018

February 15, 2018

February 28, 2018

March 30, 2018

February 1, 2018

March 1, 2018

March 31, 2018

April 30, 2018

February 15, 2018

March 15, 2018

March 31, 2018

April 30, 2018

March 1, 2018

April 2, 2018

April 30, 2018

May 30, 2018

March 15, 2018

April 16, 2018

April 30, 2018

May 30, 2018

April 2, 2018

May 1, 2018

May 31, 2018

June 30, 2018

April 16, 2018

May 15, 2018

May 31, 2018

June 30, 2018

May 1, 2018

June 1, 2018

June 30, 2018

July 30, 2018

May 15, 2018

June 15, 2018

June 30, 2018

July 30, 2018

June 1, 2018

July 2, 2018

July 31, 2018

August 30, 2018

June 15, 2018

July 16, 2018

July 31, 2018

August 30, 2018

July 2, 2018

August 1, 2018

August 31, 2018

September 30, 2018

July 16, 2018

August 15, 2018

August 31, 2018

September 30, 2018

Documents will be accepted for filing on all regular workdays from 8:00 a.m. until 5:00 p.m. We encourage early filings to facilitate the timely publication of the Missouri Register. Orders of Rulemaking appearing in the Missouri Register will be published in the Code of State Regulations and become effective as listed in the chart above. Advance nofice of large volume filings will facilitate their timely publication. We reserve the right to change the schedule due to special circumstances. Please check the latest publication to verify that no changes have been made in this schedule. To review the entire year's schedule, please check out the website at www.sos.mo.gov/adrules/pubsched.

HOW TO CITE RULES AND RSMO

RULES

The rules are codified in the Code of State Regulations in this system-

Title

Division

Chapter

Rule

3

Department

CSR

Code of State Regulations

10-Agency Division

4

General area regulated

.115 Specific area regulated

and should be cited in this manner: 3 CSR 10-4.115.

Each department of state government is assigned a title. Each agency or division in the department is assigned a division number. The agency then groups its rules into general subject matter areas called chapters and specific areas called rules. Within a rule, the first breakdown is called a section and is designated as (1). Subsection is (A) with further breakdown into paragraphs 1., subparagraphs A., parts (I), subparts (a), items I. and subitems a.

The rule is properly cited by using the full citation, for example, 3 CSR 10-4.115 Not Rule 10-4.115.

Citations of RSMo are to the Missouri Revised Statutes as of the date indicated.

Code and Register on the Internet

The Code of State Regulations and Missouri Register are available on the Internet.

The Code address is www.sos.mo.gov/adrules/csr/csr

The Register address is www.sos.mo.gov/adrules/moreg/moreg

These websites contain rulemakings and regulations as they appear in the Code and Registers.

Emergency Rules

Rules appearing under this heading are filed under the authority granted by section 536.025, RSMo 2000. An emergency rule may be adopted by an agency if the agency finds that an immediate danger to the public health, safety, or welfare, or a compelling governmental interest requires emergency action; follows procedures best calculated to assure fairness to all interested persons and parties under the circumstances; follows procedures which comply with the profections extended by the Missouri and the United States Constitutions; limits the scope of such rule to the circumstances creating an emergency and requiring emergency procedure, and at the time of or prior to the adoption of such rule files with the secretary of state the text of the rule together with the specific facts, reasons, and findings which support its conclusion that there is an immediate danger to the public health, safety, or welfare which can be met only through the adoption of such rule and its reasons for concluding that the procedure employed is fair to all interested persons and parties under the circumstances.

Rues filed as emergency rules may be effective not less than ten (10) days after filing or at such later date as may be specified in the rule and may be terminated at any time by the state agency by filing an order with the secretary of state fixing the date of such termination, which order shall be published by the secretary of state in the Missouri Register as soon as practicable.

ll emergency rules must state the period during which they are in effect, and in no case can they be in effect more than one hundred eighty (180) calendar days or thirty (30) legislative days, whichever period is longer. Emergency rules are not renewable, although an agency may at any time adopt an identical rule under the normal rulemaking procedures.

Title 19 ̶ DEPARTMENT OF HEALTH AND SENIOR SERVICES
Division 30 ̶ Division of Regulation and Licensure
Chapter 40 ̶ Comprehensive Emergency Medical Services Systems Regulations
EMERGENCY AMENDMENT

19 CSR 30-40.420 Trauma Center Designation Requirements.

The department is amending sections (1)-(4) and relettering throughout; adding new sections (3) and (4); and adding the form included after the rule.

PURPOSE: This amendment adds an option and establishes requirements for hospitals which are verified as trauma centers by the American College of Surgeons to become designated as level I, II, III, or IV trauma centers without being reviewed by DHSS (the department). This amendment also adds an application for these hospitals which are verified as trauma centers by the American College of Surgeons to...

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