MO Register Vol. 43 No. 12. (Pages 1253-1412)

• Library: Missouri Register
• Enactment Date: 01 January 2018

Volume 43, Number 12

Pages 1253-1412

June 15, 2018

SALUS POPULI SUPREMA LEX ESTO "The welfare of the people shall be the supreme law."
John R. Ashcroft 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: $72.00 per year

POSTMASTER: Send change of address notices 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 Insurance, Financial Institutions and Professional Registration

State Board of Optometry .....................1257

proposed rules

Department of Agriculture

Ag Business Development .....................1258

Fairs...................................1258

Missouri Department of Transportation

Missouri Highways and Transportation Commission.....1261

Department of Natural Resources

Air Conservation Commission ..................1266

Department of Public Safety

Office of the Director........................1328

Department of Revenue

Director of Revenue .........................1330

Department of Insurance, Financial Institutions and Professional Registration

Endowed Care Cemeteries.....................1332

State Committee of Dietitians...................1335

State Board of Nursing .......................1338

State Board of Optometry .....................1338

Division of Professional Registration ..............1341

orders of rulemaking

Department of Conservation

Conservation Commission .....................1342

Missouri Department of Transportation

Missouri Highways and Transportation Commission . . . .1343

Department of Revenue

Director of Revenue .........................1345

Elected Officials

State Auditor..............................1359

in additions

Department of Insurance, Financial Institutions and Professional Registration

Caps for Medical Malpractice ...................1376

dissolutions ........................1377

source guides

RULE CHANGES SINCE UPDATE................1380

EMERGENCY RULES IN EFFECT ...............1394

EXECUTIVE ORDERS ........................1395

REGISTER INDEX ..........................1397

Register Filing Deadlines	Register Publication Date	Code Publication Date	Code Effective Date
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
August 1, 2018	September 4, 2018	September 30, 2018	October 30, 2018
August 15, 2018	September 17, 2018	September 30, 2018	October 30, 2018
September 4, 2018	October 1, 2018	October 31, 2018	November 30, 2018
September 17, 2018	October 15, 2018	October 31, 2018	November 30, 2018
October 1, 2018	November 1, 2018	November 30, 2018	December 30, 2018
October 15, 2018	November 15, 2018	November 30, 2018	December 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 notice 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 3	CSR	Division 10-	Chapter 4	Rule .115
Department	Code of State Regulations	Agency Division	General area regulated	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 protections 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.

Rules 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.

All 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 20—DEPARTMENT OF INSURANCE, FINANCIAL INSTITUTIONS AND PROFESSIONAL REGISTRATION Division 2210—State Board of Optometry Chapter 2—General Rules
EMERGENCY AMENDMENT

20 CSR 2210-2.070 Fees. The State Board of Optometry is proposing to add paragraph (1)(C)1.

PURPOSE: The State Board of Optometry is statutorily obligated to enforce and administer the provisions of Chapter 336, RSMo, governing the practice of optometry. Pursuant to section 336.160, RSMo, the board shall set the appropriate amount of fees by rule so that the revenue produced shall not substantially exceed the cost and expense of administering the provisions of Chapter 336, RSMo. Based on the board's five- (5-) year projections, the board finds it necessary to reduce renewal fees for Missouri licensed optometrists.

EMERGENCY STATEMENT: The State Board of Optometry is statutorily obligated to set all fees, by regulation, necessary to administer the...