MO Register Vol. 44 No. 2. (Pages 267-488)

LibraryMissouri Register
Enactment Date01 January 2019

Volume 44, Number 2
Pages 267-488
January 15, 2019

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
Tammy Winkelman

Reader
Thomas Huber
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 Health and Senior Services

Division of Regulation and Licensure...............271

PROPOSED RULES

Department of Conservation

Conservation Commission......................273

Missouri Department of Transportation

Missouri Highways and Transportation Commission .....274

Department of Revenue

State Lottery...............................274

Department of Health and Senior Services

Division of Regulation and Licensure...............276

Department of Insurance, Financial Institutions and

Professional Registration

Insurer Conduct ............................276

Insurance Solvency and Company Regulation..........289

Property and Casualty ........................296

Statistical Reporting..........................299

Office of Statewide Electrical Contractors............305

Department of Social Services

Division of Finance and Administrative Services .......439

Missouri Medicaid Audit and Compliance ............440

Elected Officials

Secretary of State............................441

Department of Insurance, Financial Institutions and Professional Registration

Office of Athletics...........................442

Missouri Dental Board........................442

State Board of Registration for the Healing Arts ........443

State Board of Optometry ......................443

State Board of Pharmacy.......................444

IN ADDITIONS

Department of Conservation

Conservation Commission......................445

Department of Health and Senior Services

Missouri Health Facilities Review Committee .........445

DISSOLUTIONS.........................446

ORDERS OF RULEMAKING

Office of Administration

Commissioner of Administration..................376

Personnel Advisory Board and Division of Personnel .....376

Department of Conservation

Conservation Commission......................381

Department of Natural Resources

Dam and Reservoir Safety Council ................394

Well Installation ............................395

Oil and Gas Council..........................412

Solid Waste Management.......................414

SOURCE GUIDES

RULE CHANGES SINCE UPDATE ................453

EMERGENCY RULES IN EFFECT................467

EXECUTIVE ORDERS.........................470

REGISTER INDEX ...........................471

Register ling Deadlines

Register Publication Date

Code Publication Date

Code Effective Date

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

November 1, 2018

December 3, 2018

December 31, 2018

January 30, 2019

November 15, 2018

December 17, 2018

December 31, 2018

January 30, 2019

December 3, 2018

January 2, 2019

January 29, 2019

February 28, 2019

December 17, 2018

January 15, 2019

January 29, 2019

February 28, 2019

January 2, 2019

February 1, 2019

February 28, 2019

March 30, 2019

January 15, 2019

February 15, 2019

February 28, 2019

March 30, 2019

February 1, 2019

March 1, 2019

March 31, 2019

April 30, 2019

February 15, 2019

March 15, 2019

March 31, 2019

April 30, 2019

March 1, 2019

April 1, 2019

April 30, 2019

May 30, 2019

March 15, 2019

April 15, 2019

April 30, 2019

May 30, 2019

April 1, 2019

May 1, 2019

May 31, 2019

June 30, 2019

April 15, 2019

May 15, 2019

May 31, 2019

June 30, 2019

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

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 2016. 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 19 ̶ DEPARTMENT OF HEALTH AND SENIOR SERVICES
Division 30 ̶ Division of Regulation and Licensure
Chapter 95 ̶ Medical Marijuana

EMERGENCY RULE

19 CSR 30-95.020 General Provisions

PURPOSE: This rule explains where and when licensing application fees may be pre-filed with the Department of Health and Senior Services and provides the form for pre-filing licensing application fees.

EMERGENCY STATEMENT: This emergency rule informs the public when licensing application fees for medical marijuana cultivation,...

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