Missouri Register Volume 41 Number 2, January 15, 2016

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by  Missouri Secretary of State, Administrative Rules Division

Volume 41, Number 2
Pages 67–144
January 15, 2016
S A L U S P O P U L I S U P R E M A L E X E S T O
“The welfare of the people shall be the supreme law.”
J a s o n K a n d e r
Secretary of State
M I S S O U R I
R E G I S T E R
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, RSMo Supp. 2014 and 536.033, RSMo 2000.
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
S S
ECRETARY OF TATE
Jason Kander
Administrative Rules Division
James C. Kirkpatrick State Information Center
600 W. Main
Jefferson City, MO 65101
[phone]
DIRECTOR
WAYLENEW. HILES
·
MANAGING EDITOR
CURTISW. TREAT
·

EDITOR
AMANDAMCKAY
·

ASSOCIATE EDITOR
VONNE KILBOURN
·

ASSISTANT EDITOR
MARTYSPANN
·

PUBLICATION TECHNICIAN
JACQUELINE D. WHITE
·

ADMINISTRATIVEASSISTANT
ALISHADUDENHOEFFER
ISSN 0149-2942, USPS 320-630; periodical postage paid at Jefferson City, MO
Subscription fee: $56.00 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 now available on the Internet. The Register address is
http://www.sos.mo.gov/adrules/moreg/moreg.asp and the CSR is http://www.sos.mo.gov/adrules/csr/csr.asp. These websites contain
rulemakings and regulations as they appear in the Registers and CSR. These websites do not contain the official copies of the Registers
and CSR. The official copies remain the paper copies published by the Office of the Secretary of State pursuant to sections 536.015
and 536.031, RSMo Supp. 2014. While every attempt has been made to ensure accuracy and reliability, the Registers and CSR are
presented, to the greatest extent practicable as they appear in the official publications. The Administrative Rules Division may be con-
tacted by email at [email protected].
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, [phone]. Hearing impaired citizens should contact the director through Missouri relay, [phone].
M R
ISSOURI EGISTER
January 15, 2016 Vol. 41 No. 2 Pages 67–144
II TT II ::
NN HHIISS SSSSUUEE
EXECUTIVE ORDERS . . . . . . . . . . . . . . . . . . . .71 Department of Public Safety
Missouri Gaming Commission . . . . . . . . . . . . . . . . . . . .111
PROPOSED RULES Department of Revenue
Department of Agriculture Director of Revenue . . . . . . . . . . . . . . . . . . . . . . . . . .118
Plant Industries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .73 Department of Health and Senior Services
Department of Conservation Division of Senior and Disability Services . . . . . . . . . . . .119
Conservation Commission . . . . . . . . . . . . . . . . . . . . . . .74
Department of Elementary and Secondary Education IN ADDITIONS
Division of Learning Services . . . . . . . . . . . . . . . . . . . .77 Department of Conservation
Department of Mental Health
Conservation Commission . . . . . . . . . . . . . . . . . . . . . .121
Director, Department of Mental Health . . . . . . . . . . . . . .80
Department of Transportation
Division of Developmental Disabilities . . . . . . . . . . . . . . .80
Missouri Highways and Transportation Commission . . . . .121
Department of Public Safety
Department of Health and Senior Services
Peace Officer Standards and Training Program . . . . . . . . . .81
Department of Social Services Missouri Health Facilities Review Committee . . . . . . . . .122
MO HealthNet Division . . . . . . . . . . . . . . . . . . . . . . . .89
Elected Officials DISSOLUTIONS . . . . . . . . . . . . . . . . . . . . . . . . .123
Attorney General . . . . . . . . . . . . . . . . . . . . . . . . . . . . .93
Department of Insurance, Financial Institutions and SOURCE GUIDES
Professional Registration
RULE CHANGES SINCE UPDATE . . . . . . . . . . . . . . . .128
Missouri Veterinary Medical Board . . . . . . . . . . . . . . . . .93
EMERGENCY RULES IN EFFECT . . . . . . . . . . . . . . . .133
ORDERS OF RULEMAKING EXECUTIVE ORDERS . . . . . . . . . . . . . . . . . . . . . . . . .136
Office of Administration REGISTER INDEX . . . . . . . . . . . . . . . . . . . . . . . . . . .137
Missouri Ethics Commission . . . . . . . . . . . . . . . . . . . . .95
Department of Conservation
Conservation Commission . . . . . . . . . . . . . . . . . . . . . . .97
Register Register Code Code
Filing Deadlines Publication Date Publication Date Effective Date
September 1, 2015 October 1, 2015 October 31, 2015 November 30, 2015
September 15, 2015 October 15, 2015 October 31, 2015 November 30, 2015
October 1, 2015 November 2, 2015 November 30, 2015 December 30, 2015
October 15, 2015 November 16, 2015 November 30, 2015 December 30, 2015
November 2, 2015 December 1, 2015 December 31, 2015 January 30, 2016
November 16, 2015 December 15, 2015 December 31, 2015 January 30, 2016
December 1, 2015 January 4, 2016 January 30, 2016 February 29, 2016
December 15, 2015 January 15, 2016 January 30, 2016 February 29, 2016
January 4, 2016 February 1, 2016 February 29, 2016 March 30, 2016
January 15, 2016 February 16, 2016 February 29, 2016 March 30, 2016
February 1, 2016 March 1, 2016 March 31, 2016 April 30, 2016
February 16, 2016 March 15, 2016 March 31, 2016 April 30, 2016
March 1, 2016 April 1, 2016 April 30, 2016 May 30, 2016
March 15, 2016 April 15, 2016 April 30, 2016 May 30, 2016
April 1, 2016 May 2, 2016 May 31, 2016 June 30, 2016
April 15, 2016 May 16, 2016 May 31, 2016 June 30, 2016
May 2, 2016 June 1, 2016 June 30, 2016 July 30, 2016
May 16, 2016 June 15, 2016 June 30, 2016 July 30, 2016
June 1, 2016 July 1, 2016 July 31, 2016 August 30, 2016
June 15, 2016 July 15, 2016 July 31, 2016 August 30, 2016
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 Registerwill 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 scheduledue 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
http://www.sos.mo.gov/adrules/pubsched.asp
Missouri Participating Libraries
The Missouri Register and theCode of State Regulations, as required by the Missouri Documents Law (section 181.100, RSMo Supp. 2014), are
available in the listed participating libraries, as selected by the Missouri State Library:
Jefferson County Library Learning Resources Center Hearnes Learning Resources Ctr. Library
PO Box 1486, 3021 High Ridge Mineral Area College Missouri Western State University Missouri University of Science and
High Ridge, MO 63049-1486 PO Box 1000 4525 Downs Drive Technology
[phone] Park Hills, MO 63601-1000 St. Joseph, MO 64507-2294 1870 Miner Circle
[phone] [phone] Rolla, MO 65409-0060
Jefferson College Library [phone]
Cape Girardeau Public Library
1000 Viking Drive Library
Hillsboro, MO 63050-2441 711 N. Clark North Central Missouri College Lebanon-Laclede County Library
[phone] ext. 160 C(5a7p3e) G33ir4a-r5d2e7a9u, MO 63701-4400 PTOre nBtoonx, 1M11O, 16340618 3M-0a1in0 7Street 9L1e5b aSn.o Jne,f fMerOso 6n5 A5v3e6.-3017
St. Louis Public Library Kent Library [phone] ext. 325 [phone]
1301 Olive St. Southeast Missouri State University
St. Louis, MO 63103-2389 One University Plaza Spiva Library University Library
Southwest Baptist University
[phone] Cape Girardeau, MO 63701-4799 Missouri Southern State University
1600 University Ave.
[phone] 3950 East Newman Road
Bolivar, MO 65613-2597
St. Louis University Law Library Joplin, MO 64801-1595
3700 Lindell Blvd. Riverside Regional Library [phone] [phone]
PO Box 389, 1997 E. Jackson Blvd.
St. Louis, MO 63108-3478
[phone] J(5ac7k3s)o 2n4, 3M-8O14 613755-0389 M60i0s sWouersit SMtaatien L, PibOra Bryox 387 B21a3rr 6yt-hL aSwt.rence Regional Library
Monett, MO 65708-2147
Eden/Webster Library Jefferson City, MO 65102-0387
Rutland Library [phone]
Eden Theological Seminary/ Three Rivers Community College [phone]
Webster University 2080 Three Rivers Blvd. Lyons Memorial Library
475 East Lockwood Ave. Poplar Bluff, MO 63901-2393 Missouri State Archives College of the Ozarks
St. Louis, MO 63119-3192 [phone] 600 West Main, PO Box 778 General Delivery
[phone] ext. 7812 Jefferson City, MO 65102-0778 Point Lookout, MO 65726-9999
James C. Kirkpatrick Library [phone] [phone] ext. 3551
University of Central Missouri
Thomas Jefferson Library
University of Missouri-St. Louis 142 Edwards Library Elmer Ellis Library Garnett Library
Warrensburg, MO 64093-5020
8001 Natural Bridge Road University of Missouri-Columbia Missouri State University—West
[phone]
St. Louis, MO 63121-4499 106 B Ellis Library Plains
[phone] Kansas City Public Library Columbia, MO 65211-5149 304 Cleveland
14 West 10th Street [phone] West Plains, MO 65775-3414
Washington University Law Library Kansas City, MO 64105 [phone]
Washington University [phone] Library
Campus Box 1171, Mudd Bldg., State Historical Society of Missouri Springfield-Greene County Library
One Brookings Dr. Law Library 1020 Lowry St. 4653 S. Campbell
St. Louis, MO 63130-4899 University of Missouri-Kansas City Columbia, MO 65211-7298 Springfield, MO 65801-0760
[phone] 5100 Rockhill Road [phone] [phone]
Kansas City, MO 64110-2499
St. Louis County Library [phone] Daniel Boone Regional Library Meyer Library
1640 S. Lindbergh Blvd. Miller Nichols Library PO Box 1267, 100 West Broadway Missouri State University
St. Louis, MO 63131-3598 University of Missouri-Kansas City Columbia, MO 65205-1267 PO Box 175, 901 S. National
Springfield, MO 65804-0095
[phone] ext. 247 5100 Rockhill Road [phone] ext. 359
[phone]
Kansas City, MO 64110-2499
Library [phone] School of Law
Maryville University University of Missouri-Columbia
13550 Conway Road B.D. Owens Library 224 Hulston Hall
St. Louis, MO 63141-7232 Northwest Missouri State University Columbia, MO 65211-0001
800 University Drive
[phone] [phone]
Maryville, MO 64468-6001
[phone]
Pickler Memorial Library Smiley Memorial Library
Truman State University St. Joseph Public Library Central Methodist University
100 E. Normal 927 Felix Street 411 Central Methodist Square
Kirksville, MO 63501-4221 St. Joseph, MO 64501-2799 Fayette, MO 65248-1198
[phone] [phone] [phone]
HOW TO CITE RULES AND RSMo
RULES—Cite material in the Missouri Register by volume and page number, for example, Vol. 28, Missouri Register, page 27. The approved short form of citation
is 28 MoReg 27.
The rules are codified in the Code of State Regulationsin this system—
Title Code of State Regulations Division Chapter Rule
1 CSR 10- 1. 010
Department Agency, Division General area regulated Specific area regulated
They are properly cited by using the full citation , i.e., 1 CSR 10-1.010.
Each department of state government is assigned a title. Each agency or division within 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 paragraph 1., subparagraph A., part (I), subpart (a), item I. and subitem a.
RSMo—The most recent version of the statute containing the section number and the date.
Executive Orders
January 15, 2016 MISSOURI
Vol. 41, No.2 REGISTER
T
he Secretary of State shall publish all executive orders beginning January 1, 2003, pursuant to section 536.035.2, RSMo
Supp. 2014.
71
January 15, 2016
Page 72 Executive Orders
Vol. 41, No. 2
Proposed Rules
January 15, 2016 MISSOURI
Vol. 41, No. 2 REGISTER
Agriculture, PO Box 630, Jefferson City, MO 65102]director.
Under this heading will appear the text of proposed rules These forms must be completed and signed by an insurance company
and changes. The notice of proposed rulemaking is representative or a bonding agent. Acceptable bonds must have
required to contain an explanation of any new rule or any power of attorney, or authority to bind surety, attached;
change in an existing rule and the reasons therefor. This is set (B) Certificates of insurance provided by insurance companies.
out in the Purpose section with each rule. Also required is a These forms must [shall] include the following information for
citation to the legal authority to make rules. This appears fol- the commercial pesticide business:
lowing the text of the rule, after the word “Authority.” 1. [Applicator’s name, b]Business name[,] and business
Entirely new rules are printed without any special symbol- address;
ogy under the heading of proposed rule. If an existing 2. Policy number;
rule is to be amended or rescinded, it will have a heading of 3. Effective and expiration dates;
proposed amendment or proposed rescission. Rules which 4. Limits of liability; and
are proposed to be amended will have new matter printed in 5. Insurance company representative’s signature; or
boldface type and matter to be deleted placed in brackets.
An important function of the Missouri Registeris to solicit (2)[Only bond forms provided by the director are acceptable.]
and encourage public participation in the rulemaking Before the completion of an inspection, the commercial pesticide
business establishment or certified commercial applicator must
process. The law provides that for every proposed rule,
make available for inspection by the director a valid form of finan-
amendment, or rescission there must be a notice that anyone
cial responsibility that has an effective date of coverage prior to or
may comment on the proposed action. This comment may
on the date of inspection and a future expiration date.
take different forms.
If an agency is required by statute to hold a public hearing
(3) If a valid form of financial responsibility is not made available
before making any new rules, then a Notice of Public
to the director for inspection before the completion of the inspec-
Hearing will appear following the text of the rule. Hearing
tion, the commercial pesticide business establishment will receive
dates must be at least thirty (30) days after publication of the
a Notice of Warning for being in violation of section 281.065,
notice in the Missouri Register. If no hearing is planned or RSMo. All commercial use of pesticides, supervision of the use of
required, the agency must give a Notice to Submit pesticides, and determining the need for the use of pesticides by
Comments. This allows anyone to file statements in support licensed certified applicators, licensed technicians, and noncerti-
of or in opposition to the proposed action with the agency fied applicators working from the commercial pesticide business
within a specified time, no less than thirty (30) days after pub- establishment must immediately cease upon receipt of the Notice
lication of the notice in the Missouri Register. of Warning.
An agency may hold a public hearing on a rule even
though not required by law to hold one. If an agency (4) If the Jefferson City office of the Bureau of Pesticide Control
allows comments to be received following the hearing date, does not receive an acceptable form of financial responsibility
the close of comments date will be used as the beginning day within sixty (60) days of the issuance of a Notice of Warning, the
in the ninety- (90-) day-count necessary for the filing of the director will issue a Notice of Cancellation in accordance with
order of rulemaking. section 281.065 (3), RSMo, cancelling all certified commercial
If an agency decides to hold a public hearing after planning applicator licenses at the commercial pesticide business establish-
ment.
not to, it must withdraw the earlier notice and file a new
notice of proposed rulemaking and schedule a hearing for a
(5) Employers of certified commercial applicators must notify the
date not less than thirty (30) days from the date of publication
director within ten (10) working days of the discontinued employ-
of the new notice.
ment of a certified commercial applicator or when the company’s
liability insurance or surety bond no longer provides coverage for
a certified commercial applicator. Notification shall include: the
Proposed Amendment Text Reminder:
employer’s business name and address; the certified commercial
Boldface text indicates new matter.
applicator’s name and license number; and the date of discontin-
[Bracketed text indicates matter being deleted.]
ued employment or discontinued liability coverage.
Title 2—DEPARTMENT OF AGRICULTURE AUTHORITY: section 281.065, RSMo [2000]Supp. 2015. Original
Division 70—Plant Industries rule filed July 8, 1977, effective Oct. 14, 1977. Amended: Filed Aug.
Chapter 25—Pesticides 14, 1989, effective Jan. 1, 1990. Amended: Filed March 8, 2012,
effective Sept. 30, 2012. Amended: Filed Dec. 15, 2015.
PROPOSED AMENDMENT
PUBLIC COST: This proposed amendment will not cost state agen-
2 CSR 70-25.065 Acceptable Insurance and Bond Forms for cies or political subdivisions more than five hundred dollars ($500)
Commercial Applicators. The director is amending subsections in the aggregate.
(1)(A) and (B), amending section (2) and adding sections (3), (4), and
(5). PRIVATE COST: This proposed amendment will not cost private enti-
ties more than five hundred dollars ($500) in the aggregate.
PURPOSE: This amendment changes commercial applicator insur-
ance requirements to meet updated provisions of 281.065, RSMo. NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in
support of or in opposition to this proposed amendment with the
(1) Commercial applicators must use one (1) of the following meth- Missouri Department of Agriculture, PO Box 630, Jefferson City,
ods for providing evidence of financial responsibility: MO 65102. To be considered, comments must be received within thir-
(A) [Acceptable i]Insurance or bond forms [will be]provided by ty (30) days after publication of this notice in the Missouri Register.
the [Bureau of Pesticide Control, Missouri Department of No public hearing is scheduled.
73
January 15, 2016
Page 74
Proposed Rules Vol. 41, No. 2
Title 3—DEPARTMENT OF CONSERVATION (2) Within a Chronic Wasting Disease (CWD) Management Zone,
Division 10—Conservation Commission the placement of grain, salt products, minerals, and other consum-
Chapter 4—Wildlife Code: General Provisions able natural and manufactured products is prohibited. The following
exceptions apply:
PROPOSED AMENDMENT (A) Feed placed within one hundred (100) feet of any residence or
occupied building; or
3 CSR 10-4.110 General Prohibition; Applications. The commis- (B) Feed placed in such a manner to reasonably exclude access by
sion proposes to remove section (10) of this rule. deer; or
(C) Feed and minerals present solely as a result of normal agricul-
PURPOSE: This amendment removes a section that is redundant with tural or forest management or crop and wildlife food production
verbiage contained in 3 CSR 10-4.200 Chronic Wasting Disease; practices.
Management Zones.
(3) The head with at least six inches (6") of neck attached from any
[(10) Within the Chronic Wasting Disease (CWD) deer taken within a Chronic Wasting Disease (CWD) Management
Containment Zone (comprising Adair, Chariton, Linn, Macon, Zone on the first Saturday and Sunday of the November portion of
Randolph, and Sullivan counties) , the placement of grain, the deer firearms hunting season must be presented by the taker to a
salt products, minerals, and other consumable natural and designated disease surveillance sampling station (see current Fall
manufactured products is prohibited. The following excep- Deer and Turkey Regulations and Information booklet) on the day
tions apply: taken.
(A) Feed placed within one hundred (100) feet of any res-
idence or occupied building; or AUTHORITY: sections 40 and 45 of Art. IV, Mo. Const. and section
(B) Feed placed in such a manner to reasonably exclude 252.040,RSMo 2000. Original rule filed Dec. 15, 2015.
access by deer; or
(C) Feed and minerals present solely as a result of normal PUBLIC COST: This proposed amendment will cost state agencies or
agricultural or forest management or crop and wildlife food political subdivisions four hundred ninety-four thousand one hundred
production practices.] thirty-seven dollars ($494,137) in the aggregate annually for costs of
disease sampling stations in the Chronic Wasting Disease (CWD)
AUTHORITY: sections 40 and 45 of Art. IV, Mo. Const. and section management zones. It is anticipated that disease sample costs will
252.040, RSMo 2000. Original rule filed June 26, 1975, effective vary with inflation and market and aggregate cost will further vary
July 7, 1975. For intervening history, please consult the Code of with the annual number of deer submitted for sampling.
State Regulations. Amended: Filed Dec. 15, 2015.
PRIVATE COST: This proposed amendment will cost private entities
PUBLIC COST: This proposed amendment will not cost state agen- approximately one hundred ninety-nine thousand eight hundred dol-
cies or political subdivisions more than five hundred dollars ($500) lars ($199,800) in the aggregate annually, an average of six dollars
in the aggregate. and sixty-six cents ($6.66) per individual, for cost of hunters within
the Chronic Wasting Disease (CWD) management zones to travel to
PRIVATE COST: This proposed amendment will not cost private enti- disease sampling stations. It is anticipated the number, cost, and dis-
ties more than five hundred dollars ($500) in the aggregate. tance for hunters to travel will vary annually but numbers provided
are assuming an average estimate.
NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in
support of or in opposition to this proposed amendment with NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in
Regulations Committee Chairman, Department of Conservation, PO support of or in opposition to this proposed amendment with
Box 180, Jefferson City, MO 65102-0180, or via the department’s Regulations Committee Chairman, Department of Conservation, PO
website at http://mdc.mo.gov/node/24141. To be considered, com- Box 180, Jefferson City, MO 65102-0180, or via the department’s
ments must be received within thirty (30) days after publication of website at http://mdc.mo.gov/node/24141. To be considered, com-
this notice in the Missouri Register. No public hearing is scheduled. ments must be received within thirty (30) days after publication of
this notice in the Missouri Register. No public hearing is scheduled.
Title 3—DEPARTMENT OF CONSERVATION
Division 10—Conservation Commission
Chapter 4—Wildlife Code: General Provisions
PROPOSED RULE
3 CSR 10-4.200 Chronic Wasting Disease; Management Zone
PURPOSE: This rule establishes Chronic Wasting Disease (CWD)
Management Zones and places a restriction on activities that are
likely to unnaturally concentrate white-tailed deer, thus increase the
potential spread and prevalence of CWD. This rule also requires
mandatory disease sampling during designated dates within CWD
Management Zones.
(1) For purposes of this section, a Chronic Wasting Disease (CWD)
Management Zone will consist of all counties within twenty-five (25)
miles of a confirmed Chronic Wasting Disease-positive test result for
any cervid.
January 15, 2016
Vol. 41, No. 2 Missouri Register Page 75
January 15, 2016
Page 76 Proposed Rules Vol. 41, No. 2