The medical doctors, osteopaths and nurses all agree - Missouri law should allow the state's Professional Registration division's boards and commissions to give educational opinions.
"We've had issues where we've approached those boards, looking for advisory opinions, and information and help," lobbyist Randy Scherr told the Senate's Financial and Governmental Organizations and Elections Committee on Monday, "and many times their staff attorneys say, "We can't give that to you.'"
Scherr testified on behalf of both the Missouri Academy of Nutrition and Dieticians and the Missouri Hearing Society's licensed hearing instrument specialists.
Attorneys point to a Missouri Supreme Court ruling in 2011 that prevented Professional Registration boards and commissions from issuing any opinions, even those for educational purposes.
Rep. Eric Burlison, R-Springfield, wants the General Assembly to pass his bill allowing any Professional Registration board or commission to issue oral or written opinions addressing topics relating to the qualifications, functions or duties of any profession licensed by any board or commission within the Department of Insurance, Financial Organizations and Professional Registration.
The House passed Burlison's bill last week on a 154-0 vote.
The Senate on Tuesday night passed, 33-0, a different bill originally sponsored by Rep. Don Gosen, R-Ballwin, that would do the same thing.
The House passed it in March by a 152-5 vote - but the Senate made changes to Gosen's measure, so it goes back to the House.
Perhaps the biggest change both bills would make is allowing boards or commissions to comment on the work done by people licensed by a different board or commission.
That was the issue in the Supreme Court's 2011 ruling.
Dr. Glenn Kunkel, a Rolla anesthesiologist, had approved letting Keving Snyders, an advanced practice nurse and certified registered nurse anesthetist, perform what the court described as "certain professional responsibilities ... including the use of fluoroscopic procedures."
However, the state medical association said APNs were not qualified to perform a procedure and asked the Healing Arts Board to prohibit physicians from letting the nurses do the procedure.
After asking its legal counsel and a board member to investigate the issue, the board eventually issued a letter stating APNs didn't "have the appropriate training, skill or experience to perform these injections."
The high court ruled the Healing Arts board "did not follow any of the rulemaking procedures required under (state laws) to formally promulgate the position taken in its letter as a rule," and the board had no legal authority to say what nurses could or could not do, because nurses were covered by a different board.
Sen. David Sater, R-Cassville, told colleagues Tuesday the boards' opinions only are advisory, "for educational purposes."
Those opinions can't be used to discipline any license, nor can they comment on topics concerning the qualifications, functions, or duties of any profession licensed by a different board or commission.
The committee took no action Monday on Burlison's bill.