Chapter 209 Disabilities Assistance, Aid to the Blind, and Rights of Persons with Visual, Hearing or Physical Disabilities
209.152 - Trainers of guide, hearing or service dogs, no extra charge for — liability for damages.
Not to exceed the provisions of the Americans With Disabilities Act, any trainer, from a recognized training center, of a guide dog, hearing assistance dog or service dog, or any member of a service dog team, as defined in section 209.200, shall have the right to be accompanied by such dog in or upon any of the premises listed in section 209.150 while engaged in the training of the dog without being required to pay an extra charge for such dog.Such trainer or service dog team member shall be liable for any damage done to the premise of facilities by such dog.
209.307 - Conflict of interest for board or evaluation team, effect.
Any member of the board or an evaluation team who has a conflict of interest that may have a direct effect on an evaluation shall excuse himself or herself from the evaluation.The remaining members shall assess that individual's performance.
209.317 - Certificate may be suspended, denied or revoked — hearing procedure.
1.The board may suspend, deny or revoke a certificate if an interpreter:
(1)Impersonates another person holding interpreter certification;
(2)Allows another person to use the interpreter's certificate;
(3)Uses fraud, deception or misrepresentation in the certification process;
(4)Harasses, abuses or threatens a member of the board, evaluation team or a support staff person who is administering the system;
(5)Intentionally divulges confidential information relating to the certification process, including content, topic, vocabulary, skills or any other testing material;
(6)Fails to achieve a minimum satisfactory certification level.
2.The board shall provide that any hearing concerning the denial, suspension or revocation of a certificate shall follow administrative procedures for hearings as provided in chapter 621.
209.337 - Violations, penalty — injunction granted when — venue.
1.A violation of any provision of sections 209.319 to 209.339 is a class A misdemeanor.
2.All fees or other compensation received for services rendered in violation of sections 209.319 to 209.339 shall be refunded.
3.The committee may sue in its own name in any court in this state. The department shall inquire diligently as to any violation of sections 209.319 to 209.339, shall institute actions for penalties herein prescribed, and shall enforce generally the provisions of sections 209.319 to 209.339.
4.Upon application by the committee, the attorney general may on behalf of the committee request that a court of competent jurisdiction grant an injunction, restraining order or other order as may be appropriate to enjoin a person from:
(1)Offering to engage or engaging in the performance of any acts or practices for which a certificate of registration or authority, permit or license is required upon a showing that such acts or practices were performed, offered to be performed without a certificate of registration or authority, permit or license; or
(2)Engaging in any practice or business authorized by a certificate of registration or authority, permit or license issued pursuant to sections 209.319 to 209.339 upon a showing that the holder presents a substantial probability of serious harm to the health, safety or welfare of any resident of this state or client of the licensee.
5.Any action brought pursuant to the provisions of this section shall be commenced either in the county in which such conduct occurred or in the county in which the defendant resides.
6.Any action brought pursuant to this section may be in addition to or in lieu of any penalty provided by sections 209.319 to 209.339 and may be brought concurrently with other actions to enforce sections 209.319 to 209.339.
209.289 - Coordinator to be hired, qualifications, salary and expenses.
The executive director shall hire a coordinator, who shall serve as coordinator of the Missouri interpreters certification system.The coordinator shall have a background in interpreter testing and interpreting.The salary and office space for the coordinator shall be appropriated to and provided by the commission.The salary of the coordinator shall be paid out of general revenue funds.All other expenses for the administration of sections 209.287 to 209.318 shall be paid from the interpreters fund established in section 209.318.
209.285 - Definitions.
As used in sections 209.285 to 209.339, unless the context clearly requires otherwise, the following terms mean:
(1)"American sign language", a visual-gestural system of communication that has its own syntax, rhetoric and grammar.American sign language is recognized, accepted and used by many deaf Americans.This native language represents concepts rather than words;
(2)"Board", the Missouri board for certification of interpreters, established within the commission in section 209.287;
(3)"Certification", a document issued by the Missouri commission for the deaf and hard of hearing declaring that the holder is qualified to practice interpreting at a disclosed level;
(4)"Commission", the Missouri commission for the deaf and hard of hearing;
(5)"Committee", the Missouri state committee of interpreters, established in section 209.319;
(6)"Conversion levels", the process of granting levels of certification by the commission to individuals holding certification from another state or within another certification system in this state or another state;
(7)"Coordinator", a staff person, hired by the executive director of the Missouri commission for the deaf and hard of hearing, who shall serve as coordinator for the Missouri interpreter certification system;
(8)"Deaf person", any person who is not able to discriminate speech when spoken in a normal conversational tone regardless of the use of amplification devices;
(9)"Department", the department of insurance, financial institutions and professional registration;
(10)"Director", the director of the division of professional registration;
(11)"Division", the division of professional registration;
(12)"Executive director", the executive director of the Missouri commission for the deaf and hard of hearing;
(13)"Interpreter", any person who offers to render interpreting services implying that he or she is trained, and experienced in interpreting, and holds a current, valid certification and license to practice interpreting in this state; provided that a telecommunications operator providing deaf relay service or a person providing operator services for the deaf shall not be considered to be an interpreter;
(14)"Interpreter trainer", a person, certified and licensed by the state of Missouri as an interpreter, who trains new interpreters in the translating of spoken English or written concepts to any necessary specialized vocabulary used by a deaf consumer.Necessary specialized vocabularies include, but are not limited to, American sign language, Pidgin Signed English, oral, tactile sign and language deficient skills;
(15)"Interpreting", the translating of English spoken or written concepts to any necessary specialized vocabulary used by a deaf person or the translating of a deaf person's specialized vocabulary to English spoken or written concepts; provided that a telecommunications operator providing deaf relay service or a person providing operator services for the deaf shall not be considered to be interpreting.Necessary specialized vocabularies include, but are not limited to, American sign language, Pidgin Signed English, oral, tactile sign and language deficient skills;
(16)"Language deficient", mode of communication used by deaf individuals who lack crucial language components, including, but not limited to, vocabulary, language concepts, expressive skills, language skills and receptive skills;
(17)"Missouri commission for the deaf", Missouri commission for the deaf and hard of hearing established in section 161.400;
(18)"Oral", mode of communication having characteristics of speech, speech reading and residual hearing as a primary means of communication using situational and culturally appropriate gestures, without the use of sign language;
(19)"Pidgin Signed English", a mode of communication having characteristics of American sign language;
(20)"Practice of interpreting", rendering or offering to render or supervise those who render to individuals, couples, groups, organizations, institutions, corporations, schools, government agencies or the general public any interpreting service involving the translation of any mode of communication used by a deaf person to spoken English or of spoken English to a mode of communication used by a deaf person;
(21)"Tactile sign", mode of communication, used by deaf and blind individuals, using any one or a combination of the following:tactile sign, constricted space sign or notetaking.
209.162 - Discrimination or interference with persons having visual, hearing or physical disability, an unlawful employment practice — complaints, filed by aggrieved persons.
It is an unlawful employment practice for any employer to discriminate against any person with a visual, aural or physical disability by interfering, directly or indirectly, with the use of an aid or appliance, including a guide dog, hearing dog or service dog by such person.Any person aggrieved by a violation of this section may make a verified complaint to the Missouri commission on human rights pursuant to the provisions of section 213.075.
209.295 - Rules and regulations, authority to promulgate, duties of commission.
The commission may promulgate rules and regulations pertaining to, but not limited to:
(1)The form and content of certification applications and the procedures for filing an application for an initial certification and renewal certification in this state;
(2)Fees required for the operation of the certification system, including, but not limited to, application fees, evaluation fees, renewal fees, conversion fees or any other fees relating to the certification;
(3)The certifications recognized as qualifying credentials for initial or conversion certification;
(4)Establishment of policy and procedure for conversion with other states' certification systems;
(5)Guidelines for the use of interpreters according to their level of certification;
(6)Maintenance and upkeep of skills, also known as continuing education or professional development training;
(7)Minimum educational, training, experience and any necessary and appropriate certifications for interpreter trainers, as well as any necessary continuing education and training requirements for interpreter trainers;
(8)Any other necessary and proper rules, decision or policy in regard to evaluation, certification and maintaining a certification according to the procedures set forth in chapter 536.
209.299 - Evaluations to be held where and when — coordinator to notify applicants of score.
The board shall schedule evaluations for persons seeking certification, at a central location, at least four times each year in 1995 and 1996, and at least twice a year thereafter, according to the number of applicants seeking certification.As soon as possible after completion of an evaluation, the coordinator shall notify the applicant of his score and level of certification.
209.323 - License application forms, content, oath, fee not refundable, qualifications, licenses expire, when — reinstatement procedure — replacement of license lost or destroyed.
1.Applications for licensure as an interpreter shall be submitted to the division on forms prescribed by the division and furnished to the applicant.The application shall contain the applicant's statements showing the applicant's education, certification by either the National Registry of Interpreters for the Deaf, National Association of the Deaf or Missouri Interpreter Certification System and such other information as the division may require.Each application shall contain a statement that it is made under oath or affirmation and that the information contained in the application is true and correct to the best knowledge and belief of the applicant, subject to the penalties, as provided in sections 209.319 to 209.339, for the making of a false affidavit or declaration.Each application shall be accompanied by the required application fee.The application fee must be submitted in a manner as required by the committee and shall not be refundable.The applicant must be eighteen years of age or older.
2.Each license issued pursuant to the provisions of sections 209.319 to 209.339 shall expire on the renewal date. The division shall mail a renewal notice to the last known address of each licensee prior to the license renewal date.The license will expire and renewal may be denied upon failure of the licensee to provide the division with the information required for renewal including but not limited to satisfactory evidence of current certification or to pay the required renewal fee within sixty days of the license renewal date.The license may be reinstated within two years after the renewal date, if the applicant applies for reinstatement and pays the required license renewal fee plus a delinquency fee as established by the committee and provides evidence of current certification.
3.Except as provided in section 209.321, the committee with assistance from the division shall issue or renew a license to each person who files an application and fee as required by the provisions of sections 209.319 to 209.339 and who furnishes satisfactory evidence to the committee that he has complied with the provisions of subsection 1 or 2 of this section.
4.The committee may issue a new license to replace any license which is lost, destroyed or mutilated upon payment of a fee as provided by the committee.
209.090 - Division to prepare roll of pensioners — to distribute pensions.
Monthly, the family support division shall prepare a separate roll of persons entitled to receive blind pension, which roll shall be in triplicate, showing the name, post-office address, amount of pension payable, and such other information as the family support division may determine to be necessary.One copy of each roll shall be retained as a record by the family support division.The original roll and one copy properly certified by the director, or the director's authorized agent, shall be delivered to the commissioner of administration, who shall certify the same for payment and prepare one warrant for the total amount payable to the family support division, which warrant shall be attached to the copy of the roll and delivered to the state treasurer.The commissioner of administration shall retain the original roll as a record of his or her office.The state treasurer upon receiving said roll, warrant, and checks prepared by the family support division for each person on said roll, shall sign said checks and deliver same to the family support division for delivery to the proper payees.
209.190 - Housing accommodations, defined — discrimination against persons with visual, hearing or physical disabilities, prohibited — dogs, guide, hearing or service to have full access — liability for actual damages.
1.Blind or visually handicapped persons, deaf or partially deaf persons, or physically disabled persons shall be entitled to full and equal access, as other members of the general public, to all housing accommodations offered for rent, lease, or compensation in this state, subject to the conditions and limitations established by law and applicable alike to all persons.
2."Housing accommodations", as used in this section means any real property, or portion thereof, which is used or occupied or is intended, arranged, or designed to be used or occupied, as the home, residence or sleeping place of one or more human beings, but shall not include any accommodations, included within subsection 1 of this section, or any single family residence the occupants of which rent, lease, or furnish for compensation not more than one room therein.
3.Nothing in this section shall require any person renting, leasing, or providing for compensation real property to modify his property in any way or provide a higher degree of care for a blind or visually handicapped person, deaf or partially deaf person, or physically disabled person than for a person who is not blind or visually handicapped, deaf or partially deaf, or physically disabled.
4.Every totally or partially blind person who has or obtains a guide dog, every deaf or partially deaf person who has or obtains a hearing dog, and every physically disabled person who has or obtains a service dog shall be entitled to full and equal access to all housing accommodations provided for in this section, and he shall not be required to pay extra compensation for such dog but shall be liable for any damage done to the premises by such a dog.
209.322 - Certificates recognized by the board.
The board shall recognize the following certificates:
(1)National Registry of Interpreters for the Deaf (NRID) certificates, which include Comprehensive Skills Certificate (CSC), Certificate of Interpreting/Certificate of Transliteration (CI/CT) and Certified Deaf Interpreter (CDI);
(2)National Association of the Deaf (NAD) certificate levels 3, 4 and 5; and
(3)A provisional public school certificate.
209.326 - Temporary license issued to persons licensed in other states, procedure, fee limitation.
Any person who holds a valid unrevoked and unexpired license or certification as an interpreter issued by a state or organization other than this state and recognized by the committee and concurrently by the Missouri commission for the deaf and hard of hearing and, provided for by rule, may be granted a temporary license by the committee to practice interpreting in this state.The application for a temporary license must be accompanied by the appropriate fee as established by the committee and that fee is nonrefundable.If issued, the temporary license is valid for ninety days.A temporary license may not be issued to the same individual more than once per year.The committee may not issue more than one temporary license to an individual who has established residency in this state during the individual's residency.
209.332 - State committee of interpreters fund established, purpose — transfer to general revenue, when — profession of interpreter not to be subject to taxation or licensing fees by municipalities.
1.There is hereby established in the state treasury a fund to be known as the "State Committee of Interpreters Fund".All fees provided for in sections 209.319 to 209.339 shall be collected by the director of the division of professional registration and shall be transmitted to the department of revenue for deposit in the state treasury for credit to this fund.Such funds, upon appropriation, shall be disbursed only in payment of expenses of maintaining the committee and for the enforcement of the provisions of sections 209.319 to 209.339.Warrants shall be drawn on the state treasury for payment out of the fund.
2.The provisions of section 33.080 to the contrary notwithstanding, money in this fund shall not be transferred and placed to the credit of general revenue until the amount in the fund at the end of the biennium exceeds two times the amount of the appropriation from the committee's fund for the preceding fiscal year or, if the board requires by rule license renewal less frequently than yearly, then three times the appropriation from the fund for the preceding fiscal year.The amount, if any, in the fund which shall lapse is that amount in the fund which exceeds the appropriate multiple of the appropriations from the fund for the preceding fiscal year.
3.No person who has been licensed by the committee as an interpreter in this state shall be taxed or made liable to pay any municipal or other corporation tax or license fee of any description whatever for the privilege of following or carrying on such profession.
209.263 - Person relaying conversation not to disclose contents, exception — order to disclose — privilege.
1.A person who interprets, transliterates or relays a conversation between a person who can hear and a deaf person is deemed a conduit for the conversation and may not disclose, or be compelled to disclose by subpoena, the contents of the conversation which he facilitated without the prior consent of the person who received his professional services, except as provided in subsection 2 of this section.
2.A court may order disclosure of the contents of a conversation to provide evidence in proceedings related to criminal charges.However, all communications which are privileged by law shall be protected as privileged communications in the same manner as communications when an auxiliary aids and services provider or relay agent is used.
209.180 - State and its political subdivisions and tax money recipients to employ visually handicapped on same terms as other employees, exception.
The blind and the visually handicapped shall be employed in the state service, the service of the political subdivisions of the state, in the public schools, and in all other employment supported in whole or in part by public funds on the same terms and conditions as the able-bodied, unless it is shown that the particular disability prevents the performance of the work involved.
209.080 - Division to make regulations relative to examination of applicants for pensions.
It shall be the duty of the family support division to make such regulations relative to the examination of applicants for pension, including the examination by an ophthalmologist, a physician skilled in disease of the eye, or an optometrist, designated or approved by the family support division to make such examination and of all matters deemed necessary connected with the administration of this chapter.The examining ophthalmologist, a physician skilled in disease of the eye, or optometrist, shall certify in writing, upon forms provided by the family support division, the findings of the examination.The examination shall be provided for by the family support division without charge to the applicant and shall be paid as an administrative expense.No person shall be entitled to the benefits of this chapter who shall refuse to submit to treatment or operation to effect a cure when recommended by competent medical authority and approved by the family support division, but upon submission to such treatment or operation the pension of applicant otherwise entitled thereto, shall be paid as in other cases:Provided further, that no applicant who is more than seventy-five years of age shall be required to submit to an operation to restore his or her vision in order to come under the provisions of this chapter, but may voluntarily submit to operation.
209.253 - Statewide dual-party relay system, establishment by PSC — advisory assistive technology council to administer — rulemaking authority.
1.The commission shall provide a statewide dual-party system, using third-party intervention to connect deaf, hearing-impaired and speech-impaired persons and offices of organizations representing the deaf, hearing-impaired and speech-impaired with telecommunication devices for the deaf (TDDs) and the telephone system, making available reasonable access to telephone service to eligible subscribers.
2.The Missouri assistive technology advisory council shall provide a statewide telecommunications equipment distribution program making available reasonable access to basic telecommunications service for eligible subscribers who are unable to use traditional telecommunications equipment due to disability.
3.The program administrator of the statewide telecommunications equipment distribution program shall:
(1)Provide consumer support and outreach;
(2)Develop administrative procedures to assure an appropriate match between an individual with a disability and adaptive telecommunications equipment;
(3)Provide a full range of adaptive telecommunications equipment to meet the needs of individuals with all types of disabilities;
(4)Procure and distribute adaptive telecommunications equipment in the most cost-effective manner possible; and
(5)Expend no less than ten percent of total expenditures for consumer support and outreach and no more than twenty percent of total expenditures for program administration in any fiscal year.
4.Missouri public or nonpublic organizations shall be used to deliver consumer support and outreach and administrative services in all contracts and subcontracts for a statewide telecommunications equipment distribution program.
5.The Missouri assistive technology advisory council shall be the program administrator for the statewide telecommunications equipment distribution program.
6.The Missouri assistive technology advisory council may promulgate rules necessary to implement and administer the telecommunications equipment distribution program, but no rule or portion of a rule promulgated pursuant to the authority of this section shall become effective unless it has been promulgated pursuant to chapter 536.
7.The Missouri assistive technology advisory council may enter into contracts as necessary to carry out the telecommunications equipment distribution program, including but not limited to contracts with disability organizations.
8.Nothing in sections 209.251 to 209.259 shall be construed to require the state to purchase, install or maintain equipment on an eligible subscriber's premises which will enable the eligible subscriber to participate in the dual-party relay system.
9.Nothing in sections 209.251 to 209.259 shall be construed to require the state to provide adaptive telecommunications equipment at no cost to all eligible subscribers.The Missouri assistive technology advisory council shall adopt procedures to limit eligibility based on financial means, existing access to adaptive telecommunications equipment, prior usage of the equipment distribution program, and other factors deemed appropriate by the program administrator.The scope of the program shall be limited to reasonable access to basic telecommunications as defined by the program administrator, subject to appropriations.
209.257 - Telephone company to deduct percentage to cover cost — percentage determined by PSC — money collected, deposit — use of deaf relay service fund.
The local exchange telephone company shall deduct and retain a percentage of the total surcharge amount collected each month to recover the billing, collecting, remitting and administrative costs attributed to the deaf relay service and equipment distribution program fund surcharge.The commission shall determine the appropriate percentage to be deducted and retained and shall include this percentage as part of its order establishing the deaf relay service and equipment distribution program fund surcharge.All remaining deaf relay service and equipment distribution program fund surcharge money collected by local exchange telephone companies shall be remitted to the commission, who shall use such money exclusively to fund the programs provided for in section 209.253.
209.202 - Crime of causing substantial injury to or the death of a service dog, penalty — failure to control an animal that causes substantial injury to or the death of a service dog, penalty — harassment of a service dog, penalty — damages.
1.Any person who knowingly, intentionally, or recklessly causes substantial physical injury to or the death of a service dog is guilty of a class A misdemeanor.The provisions of this subsection shall not apply to the destruction of a service dog for humane purposes.
2.Any person who knowingly or intentionally fails to exercise sufficient control over an animal such person owns, keeps, harbors, or exercises control over to prevent the animal from causing the substantial physical injury to or death of a service dog, or the subsequent inability to function as a service dog as a result of the animal's attacking, chasing, or harassing the service dog is guilty of a class A misdemeanor.
3.Any person who harasses or chases a dog known to such person to be a service dog is guilty of a class B misdemeanor.
4.Any person who owns, keeps, harbors, or exercises control over an animal and who knowingly or intentionally fails to exercise sufficient control over the animal to prevent such animal from chasing or harassing a service dog while such dog is carrying out the dog's function as a service dog, to the extent that the animal temporarily interferes with the service dog's ability to carry out the dog's function is guilty of a class B misdemeanor.
5.An owner of a service dog or a person with a disability who uses a service dog may file a cause of action to recover civil damages against any person who:
(1)Violates the provisions of subsection 1 or 2 of this section; or
(2)Steals a service dog resulting in the loss of the services of the service dog.
6.Any civil damages awarded under subsection 5 of this section shall be based on the following:
(1)The replacement value of an equally trained service dog, without any differentiation for the age or experience of the service dog;
(2)The cost and expenses incurred by the owner of a service dog or the person with a disability who used the service dog, including:
(a)The cost of temporary replacement services, whether provided by another service dog or by a person;
(b)The reasonable costs incurred in efforts to recover a stolen service dog; and
(c)Court costs and attorney's fees incurred in bringing a civil action under subsection 5 of this section.
7.An owner of a service dog or a person with a disability who uses a service dog may file a cause of action to recover civil damages against a person who:
(1)Violates the provisions of subsections 1 to 4 of this section resulting in injury from which the service dog recovers to an extent that the dog is able to function as a service dog for the person with a disability; or
(2)Steals a service dog and the service dog is recovered resulting in the service dog being able to function as a service dog for the person with a disability.
8.Any civil damages awarded under subsection 7 of this section shall be based on the following:
(1)Veterinary medical expenses;
(3)The cost of temporary replacement services, whether provided by another service dog or by a person;
(4)Reasonable costs incurred in the recovery of the service dog; and
(5)Court costs and attorney's fees incurred in bringing the civil action under subsection 7 of this section.
9.The provisions of this section shall not apply if a person with a disability, an owner, or a person having custody or supervision of a service dog commits criminal or civil trespass.
10.Nothing in this section shall be construed to preclude any other remedies available at law.
209.302 - Eligibility for evaluation.
An evaluation shall be available to the following, including, but not limited to:
(2)Uncertified, qualified interpreters;
(3)Certified interpreters, advancing to another certification level;
(4)An interpreter who is certified by a certification system other than the commission;
(5)Uncertified interpreters who have not interpreted for one year or more; and
209.318 - Fund for certification of interpreters established, purpose — lapse into general revenue when — first fiscal year, board's expenses, how paid.
1.There is hereby established in the state treasury a fund to be known as the "Missouri Commission for the Deaf and Hard of Hearing Board of Certification of Interpreters Fund".All fees provided for in sections 209.287 to 209.318 shall be collected by the executive director of the commission and shall be transmitted to the department of revenue for deposit in the state treasury to the credit of the Missouri commission for the deaf and hard of hearing board of certification of interpreters fund.Such funds, upon appropriation, shall be disbursed only for payment of expenses of maintaining the board and for the enforcement of the provisions of sections 209.287 to 209.318 and shall not be used to pay the salary of the coordinator hired pursuant to section 209.289.Warrants shall be drawn on the state treasury for payment out of the fund.
2.The provisions of section 33.080 to the contrary notwithstanding, money in this fund shall not be transferred and placed to the credit of general revenue until the amount in the fund at the end of the biennium exceeds two times the amount of the appropriation from the fund for the preceding fiscal year.The amount, if any, in the fund which shall lapse is that amount in the fund which exceeds the appropriate multiple of the appropriations from the fund for the preceding fiscal year.
3.The expenses of maintaining the board enforcement of the provisions of sections 209.287 to 209.318 during the first fiscal year shall be paid by the commission from funds appropriated from general revenue for that purpose.
209.645 - ABLE account moneys not part of total state revenues.
Money accruing to and deposited in individual ABLE accounts shall not be part of "total state revenues" as defined in Sections 17 and 18 of Article X of the Constitution of the state of Missouri and the expenditure of such revenues shall not be an expense of state government under Section 20 of Article X of the Constitution of the state of Missouri.
209.610 - Agreements, terms and conditions — contribution limits.
1.The board may enter into ABLE program participation agreements with participants on behalf of designated beneficiaries pursuant to the provisions of sections 209.600 to 209.645, including the following terms and conditions:
(1)A participation agreement shall stipulate the terms and conditions of the ABLE program in which the participant makes contributions;
(2)A participation agreement shall specify the method for calculating the return on the contribution made by the participant;
(3)A participation agreement shall clearly and prominently disclose to participants the risk associated with depositing moneys with the board;
(4)Participation agreements shall be organized and presented in a way and with language that is easily understandable by the general public; and
(5)A participation agreement shall clearly and prominently disclose to participants the existence of any load charge or similar charge assessed against the accounts of the participants for administration or services.
2.The board shall establish the maximum amount of contributions which may be made annually to an ABLE account, which shall be the same as the amount allowed by 26 U.S.C. Section 529A of the Internal Revenue Code of 1986, as amended.
3.The board shall establish a total contribution limit for savings accounts established under the ABLE program with respect to a designated beneficiary which shall in no event be less than the amount established as the contribution limit by the Missouri education savings program board for qualified tuition savings programs established under sections 166.400 to 166.450.No contribution shall be made to an ABLE account for a designated beneficiary if it would cause the balance of the ABLE account of the designated beneficiary to exceed the total contribution limit established by the board.The board may establish other requirements that it deems appropriate to provide adequate safeguards to prevent contributions on behalf of a designated beneficiary from exceeding what is necessary to provide for the qualified disability expenses of the designated beneficiary.
4.The board shall establish the minimum length of time that contributions and earnings must be held by the ABLE program to qualify as tax exempt pursuant to section 209.625.Any contributions or earnings that are withdrawn or distributed from an ABLE account prior to the expiration of the minimum length of time, as established by the board, shall be subject to a penalty pursuant to section 209.620.
209.314 - Grievances on evaluation, procedure.
The commission shall provide an opportunity to hear grievances against the evaluation process or members of the assessment team pursuant to the administrative process in chapter 621.
209.010 - Division to aid blind persons.
The duties of the family support division shall be to prepare and maintain a complete register of the blind persons within this state and to collate information concerning their physical condition, cause of blindness and such additional information as may be useful to the division in the performance of its other duties as herein enumerated, and to investigate and report to the general assembly from time to time the condition of the blind within this state, with its recommendations concerning the best method of relief for the blind; to adopt such measures as the division may deem expedient for the prevention and cure of blindness; to establish and maintain at such places within this state as the division may deem expedient shops and workrooms for the employment of blind persons capable of useful labor, and to provide superintendence and other assistance therefor and instruction therein; to compensate the persons so employed in the manner and to the extent that the division shall deem proper; to provide such means for the sale of the products of the blind as the division shall deem expedient; to act as a bureau of information for the purpose of securing employment for the blind of this state elsewhere than in the shops and workrooms of the division and to this end the division is authorized to procure and furnish materials and tools and to furnish aid and assistance to blind persons engaged in home industries and to buy and sell the products of the blind wherever and however produced within this state; to provide for the temporary cost of the food, raiment and shelter of deserving blind persons engaged in useful labor; to ameliorate the condition of the blind by such means consistent with the provisions of sections 209.010 to 209.160 as the division may deem expedient; provided, however, that no part of the funds appropriated by the state shall be used for solely charitable purposes; the object and purpose of sections 209.010 to 209.160 being to encourage capable blind persons in the pursuit of useful labor and to provide for the prevention and cure of blindness.
209.110 - Person aggrieved may appeal.
Any person claiming the benefits of sections 209.010 to 209.160 who is aggrieved by the action of the family support division on the question of such person's vision or as to his or her property or income, residential or moral qualifications to receive the benefits of sections 209.010 to 209.160, may appeal from its decision to the circuit court of his or her judicial circuit within ninety days from the decision complained of, by giving the division notice of such appeal; such appeal shall be had and tried in the circuit court de novo, and the judgment rendered thereupon shall be final; and if such judgment be in favor of appellant a certified copy of same shall be mailed to the family support division at its office in Jefferson City.
209.259 - Review of surcharge and deduction percentage — recommendation procedures — surcharge adjusted when — excess funds, effective.
1.From the date of implementing the deaf relay service and equipment distribution fund surcharge, the commission shall review such surcharge no less frequently than every two years but no more than annually and shall order changes in the amount of the surcharge as necessary to assure available funds for the provision of the programs established in section 209.253.
2.The Missouri assistive technology advisory council shall annually provide the department with information on actual expenditures for the equipment distribution program along with projections for future need to assist in surcharge review.On August 28, 2000, the department shall make its initial recommendation to the commission regarding the amount of the surcharge established in section 209.255 necessary for funding of the equipment distribution program.Thereafter, the department may annually make a recommendation to the commission regarding the amount of the surcharge for that program.The commission shall, based on the department's recommendation, issue an order revising the surcharge established in section 209.255 as necessary to fund the equipment distribution program.The department's recommendation shall be based on the estimated number of access lines and anticipated budget for the coming fiscal year.The amount of the surcharge recommended by the department shall be sufficient to recover the annual costs of implementing and maintaining the equipment distribution program.
3.Concurrent with the review of the surcharge, the commission shall review the percentage deducted and retained by the local exchange telephone company provided in section 209.257 and if necessary shall order adjustments to the percentage to assure a just and reasonable compensation to the local exchange telephone company.Where the review of the surcharge determines that excess funds are available, the commission may order the suspension of the deaf relay service and equipment distribution program fund surcharge for a period which the commission deems appropriate.
209.204 - Crime of impersonating a person with a disability for the purpose of receiving certain accommodations, penalty, civil liability.
Any person who knowingly impersonates a person with a disability for the purpose of receiving the accommodations regarding service dogs under the Americans with Disabilities Act, 42 U.S.C. Section 12101, et seq., is guilty of a class C misdemeanor and shall also be civilly liable for the amount of any actual damages resulting from such impersonation.Any second or subsequent violation of this section is a class B misdemeanor.For purposes of this section, "impersonates a person with a disability" means a representation by word or action as a person with a disability or a representation of a dog by word or action as a service dog.
209.600 - Definitions.
As used in sections 209.600 to 209.645, except where the context clearly requires another interpretation, the following terms mean:
(1)"ABLE account", the same meaning as in 26 U.S.C. Section 529A of the Internal Revenue Code;
(2)"Benefits", the payment of qualified disability expenses on behalf of a designated beneficiary from an ABLE account;
(3)"Board", the Missouri Achieving a Better Life Experience board established in section 209.605;
(4)"Designated beneficiary", the same meaning as in 26 U.S.C. Section 529A of the Internal Revenue Code;
(5)"Eligible individual", the same meaning as in 26 U.S.C. Section 529A of the Internal Revenue Code;
(6)"Financial institution", a bank, insurance company, or registered investment company;
(7)"Internal Revenue Code", the Internal Revenue Code of 1986, as amended;
(8)"Missouri Achieving a Better Life Experience program" or "ABLE", the program created pursuant to sections 209.600 to 209.645;
(9)"Participant", a person who has entered into a participation agreement pursuant to sections 209.600 to 209.645 for the advance payment of qualified disability expenses on behalf of a designated beneficiary.Unless otherwise permitted under 26 U.S.C. Section 529A of the Internal Revenue Code the participant shall be the designated beneficiary of the ABLE account, except that if the designated beneficiary of the account is a minor or has a custodian or other fiduciary appointed for the purpose of managing his or her financial affairs, the parent or custodian or other fiduciary of the designated beneficiary may serve as the participant if such form of ownership is permitted or not prohibited by 26 U.S.C. Section 529A of the Internal Revenue Code;
(10)"Participation agreement", an agreement between a participant and the board pursuant to and conforming with the requirements of sections 209.600 to 209.645; and
(11)"Qualified disability expenses", the same meaning as in 26 U.S.C. Section 529A of the Internal Revenue Code.
209.200 - Definitions.
As used in sections 209.200 to 209.204, not to exceed the provisions of the Americans With Disabilities Act, the following terms shall mean:
(1)"Disability", as defined in section 213.010 including diabetes;
(2)"Service dog", a dog that is being or has been specially trained to do work or perform tasks which benefit a particular person with a disability.Service dog includes but is not limited to:
(a)"Guide dog", a dog that is being or has been specially trained to assist a particular blind or visually impaired person;
(b)"Hearing dog", a dog that is being or has been specially trained to assist a particular deaf or hearing-impaired person;
(c)"Medical alert or respond dog", a dog that is being or has been trained to alert a person with a disability that a particular medical event is about to occur or to respond to a medical event that has occurred;
(d)"Mobility dog", a dog that is being or has been specially trained to assist a person with a disability caused by physical impairments;
(e)"Professional therapy dog", a dog which is selected, trained, and tested to provide specific physical therapeutic functions, under the direction and control of a qualified handler who works with the dog as a team as a part of the handler's occupation or profession.Such dogs, with their handlers, perform such functions in institutional settings, community-based group settings, or when providing services to specific persons who have disabilities.Professional therapy dogs do not include dogs, certified or not, which are used by volunteers in visitation therapy;
(f)"Search and rescue dog", a dog that is being or has been trained to search for or prevent a person with a mental disability, including but not limited to verbal and nonverbal autism, from becoming lost;
(3)"Service dog team", a team consisting of a trained service dog, a disabled person or child, and a person who is an adult and who has been trained to handle the service dog.
209.100 - Division to keep blind pension roll.
The family support division shall place the names of all persons certified by it for a pension under sections 209.010 to 209.160 upon a record to be kept in its office to be known as "The Blind Pension Roll" which shall contain also the residence, post-office address, date upon which the application for pension was filed with the judge of probate division of the circuit court or family support division, and the date the certificate was received by the family support division; and the name of any person appearing upon the said blind pension roll shall be prima facie evidence of the right of such person to the pension herein provided.
209.255 - Rate established to recover costs of programs — surcharge, limitations, collection — exemption from taxes.
1.The commission shall establish a rate recovery mechanism to recover the costs of implementing and maintaining the programs provided for in section 209.253, which shall be applied to each basic telephone access line.Any surcharge established by such rate recovery mechanism shall not be imposed upon more than one hundred basic telephone access lines per subscriber per location.Any surcharge established by such rate recovery mechanism shall not be imposed on any telephone line used to provide pay telephone service.The surcharge may appear on the bill of each local exchange telephone subscriber identified separately as a deaf relay service and equipment distribution program fund surcharge.The commission shall not vary the amount of the surcharge between telephone companies nor between the class or grade of customers of any telephone company.The surcharge provided for in this section shall be exempt from the taxes provided for in chapter 144, and the surcharge shall not be construed as gross receipts or revenue of the company collecting such for the purpose of local taxation.
2.Each basic telephone access line subscriber is liable for the payment of any surcharge provided for in subsection 1 of this section.The local exchange telephone company shall not be liable for any uncollected surcharge, nor shall it have any obligation to initiate any action to enforce the collection of the surcharge.
209.251 - Definitions.
As used in sections 209.251 to 209.259, the following terms mean:
(1)"Adaptive telecommunications equipment", equipment that translates, enhances or otherwise transforms the receiving or sending of telecommunications into a form accessible to individuals with disabilities.The term adaptive telecommunications equipment includes adaptive telephone equipment and other types of adaptive devices such as computer input and output adaptions necessary for telecommunications access;
(2)"Basic telecommunications access line", a telecommunications line which provides service from the telephone company central office to the customer's premises which enables the customer to originate and terminate long distance and local telecommunications;
(3)"Commission", the public service commission;
(4)"Consumer support and outreach", services that include, but are not limited to, assisting individuals with disabilities or their families or caregivers in the selection of the most appropriate adaptive telecommunications equipment to meet their needs, providing basic training and technical assistance in the installation and use of adaptive telecommunications equipment, and development and dissemination of information to increase awareness and use of adaptive telecommunications equipment;
(5)"Department", the department of elementary and secondary education;
(6)"Eligible subscriber", any individual who has been certified as deaf, hearing-impaired, speech-impaired or as having another disability that causes the inability to use telecommunications equipment and services by a licensed physician, audiologist, speech pathologist, hearing instrument specialist or a qualified agency;
(7)"Missouri assistive technology advisory council" or "council", the body which directs the Missouri assistive technology program pursuant to sections 161.900 to 161.945;
(8)"Program administrator", the entity or entities designated to design the statewide telecommunications equipment distribution program, develop and implement the program policies and procedures, assure delivery of consumer support and outreach and account for and pay all program expenses;
(9)"Surcharge", an additional charge which is to be paid by local exchange telephone company subscribers pursuant to the rate recovery mechanism established pursuant to sections 209.255, 209.257 and 209.259 in order to implement the programs described in sections 209.251 to 209.259;
(10)"Telecommunications", the transmission of any form of information including, but not limited to, voice, graphics, text, dynamic content, and data structures of all types whether they are in electronic, visual, auditory, optical or any other form;
(11)"Telecommunications device for the deaf" or "TDD", a telecommunications device capable of allowing deaf, hearing-impaired or speech-impaired individuals to transmit messages over basic telephone access lines by sending and receiving typed messages.
209.620 - Cancellation of participation agreement, penalty.
Any participant may cancel a participation agreement at will.The board shall impose a penalty equal to or greater than ten percent of the earnings of an ABLE account for any distribution that is not:
(1)Used exclusively for qualified disability expenses of the designated beneficiary;
(2)Made because of death of the designated beneficiary; or
(3)Held in the fund for the minimum length of time established by the board.
209.020 - Division may receive and expend donations and bequests.
The family support division is authorized to receive and use for the purposes herein enumerated, or any of them, donations and bequests, and is authorized to expend such donations and bequests in such manner as it may deem proper within the limitations imposed by the donors thereof.
209.328 - Ethical rules of conduct established by rules, duties of committee — other rules authorized.
1.Notwithstanding any other provision of sections 209.319 to 209.339, the committee may adopt rules and regulations, not otherwise inconsistent with sections 209.319 to 209.339, to carry out the provisions of sections 209.319 to 209.339.No rule shall be adopted except in accordance with the procedures set forth in chapter 536.The committee may promulgate, by rule, "Ethical Rules of Conduct" governing the practices of interpreters.
2.The committee may promulgate rules and regulations pertaining to, but not limited to:
(1)The form and content of license applications required by the provisions of sections 209.319 to 209.339 and the procedures for filing an application for an initial license, renewal license or temporary license in this state;
(2)Fees required by the provisions of sections 209.319 to 209.339;
(3)The licenses and certifications recognized as qualifying credentials for an initial license, renewal license or temporary license;
(4)Establishment and promulgation of procedures for investigating and resolving complaints and violations occurring under the provisions of sections 209.319 to 209.339;
(5)Establishment of policy and procedure for reciprocity with other states, including states which do not have interpreter licensing laws or states whose licensing laws are not substantially the same as those of this state.
209.192 - Definitions — blind literacy study — division of special education to make annual report.
1.As used in this section, the following terms mean:
(1)"Blind persons or visually impaired persons", individuals who:
(a)Have a visual acuity of 20/200 or less in the better eye with conventional correction, or have a limited field of vision such that the widest diameter of the visual field subtends an angular distance not greater than twenty degrees; or
(b)Have a reasonable expectation of visual deterioration; or
(c)Cannot read printed material at a competitive rate of speed and with facility due to lack of visual acuity;
(2)"Literacy", reading and written communication and comprehension of reading and written communication.This may include, but is not limited to Braille, large print and computer-aided communications;
(3)"Student", any student who is blind or any student eligible for special education services for the visually impaired as defined in P.L.94-142.
2.The division of special education of the department of elementary and secondary education shall conduct a statewide study to assess the literacy of blind students on a grade-level basis and report its findings and recommendations to improve the literacy of blind students to the governor and general assembly no later than December first of each year.
3.The division of special education of the department of elementary and secondary education shall annually provide a report to the governor and general assembly, no later than December first of each year, which describes the division's progress in implementing the recommendations, any significant obstacles to continued progress in implementation, the division's plans and time frame for removing these obstacles.
209.292 - Board's powers and duties — evaluation team to be appointed, qualifications, expenses — removal from team, procedure.
1.The board shall, with the approval of the commission:
(1)Prescribe qualifications for each of the several levels of certification based on proficiency and shall evaluate and certify interpreters using such qualifications;
(2)Issue the certificates, bearing the signature of the executive director, necessary to qualify for a license to interpret;
(3)Develop a fee scale for interpreting services, pursuant to section 161.405;
(4)Maintain the quality of interpreting services, pursuant to section 161.405, by:
(a)Generating ideas for conducting interpreter training workshops to update knowledge and skills; and
(b)Suggesting institutions of higher education to provide interpreter training programs;
(5)Develop specific guidelines for the use of interpreters according to their level of certification and submit the guidelines to the division and copies to be distributed to state departments, agencies, commissions, courts, interpreters and to the public;
(6)Develop ethical rules of conduct to be recommended for adoption by the division;
(7)Develop fees for application, administration of an evaluation, conversion and certificate renewal, to cover the cost of the certification system and administration;
(8)Compile a statewide registry of interpreters by skill level and include recommendations relating to the appropriate selection and utilization of interpreters for the deaf.The registry shall be made available to and recommended for adoption by state commissions, departments and agencies;
(9)Develop a conversion system and policy for accepting other certification systems into the certification offered by the Missouri commission for the deaf and hard of hearing;
(10)Develop acceptable professional development activities to maintain certification;
(11)Investigate and implement the most appropriate testing model for interpreter certification;
(12)When necessary, develop an evaluation team, appointed by the commission, to assist in evaluating interpreters;
(13)Provide opportunity to hear grievances against the certification process or one of its members using the guidelines established in chapter 621.
2.An evaluation team appointed pursuant to subdivision (12) of subsection 1 of this section shall have similar backgrounds to the members of the board.The evaluation team shall serve at the pleasure of the commission.The commission shall reimburse evaluators for actual and necessary expenses incurred in the performance of their official duties and may fairly compensate them.A member of an evaluation team may be removed from the team by the executive director, after notice and an opportunity to be heard, for the following reasons:misconduct, inefficiency, incompetence or neglect of official duties.
209.265 - No disclosure of conversation without permission — penalty.
1.An auxiliary aids and services provider or relay agent who is employed to interpret, transliterate or relay a conversation between a person who can hear and a person who is deaf or speech impaired shall not disclose the contents of the conversation, unless the person for whom he interpreted, transliterated or relayed has given written permission for such disclosure.
2.Violation of this section is a class A misdemeanor.
209.261 - Definitions.
As used in sections 209.261 to 209.265, the following terms mean:
(1)"Auxiliary aids and services", the device or service that the deaf person feels would best serve him which includes, but is not limited to, interpreters, notetakers, transcription services, written materials, assistive listening devices, assistive listening systems, closed caption decoders, open and closed captioning, videotext display or other effective method of making aurally delivered materials available to individuals with hearing loss;
(2)"Deaf person", any person who, because of a hearing loss, is not able to discriminate speech when spoken in a normal conversational tone regardless of the use of amplification devices;
(3)"Person with a speech impairment", any person who, because of a speech disability, is not able to speak clearly or understandably in a normal conversational tone regardless of the use of assistive devices;
(4)"Relay agent", a person employed to relay conversations for a person who is deaf or speech impaired over a dual-party telephone system.
209.630 - Assets used for ABLE program purposes only.
The assets of the ABLE program shall at all times be preserved, invested, expended, and distributed only for the purposes set forth in this section and 26 U.S.C. Section 529A of the Internal Revenue Code of 1986, as amended, and in accordance with the participation agreements.
209.334 - Refusal to issue or renew license, grounds, complaint procedure — reinstatement procedure.
1.The committee may refuse to issue or renew any license required by the provisions of sections 209.319 to 209.339 for one or any combination of causes stated in subsection 2 of this section.The committee shall notify the applicant in writing of the reasons for the refusal and shall advise the applicant of his or her right to file a complaint with the administrative hearing commission as provided by chapter 621.
2.The committee may cause a complaint to be filed with the administrative hearing commission as provided by chapter 621 against any holder of any license required by sections 209.319 to 209.339 or any person who has failed to renew or has surrendered his license for any one or any combination of the following causes:
(1)Use of any controlled substance, as defined in chapter 195, or alcoholic beverage to an extent that such use impairs a person's ability to engage in the occupation of interpreting;
(2)The person has been finally adjudicated and found guilty, or entered a plea of guilty or nolo contendere, in a criminal prosecution under the laws of any state or of the United States, for any offense reasonably related to the qualifications, functions or duties of an interpreter, for any offense an essential element of which is fraud, dishonesty or an act of violence, whether or not sentence is imposed;
(3)Use of fraud, deception, misrepresentation or bribery in securing any license issued pursuant to the provisions of sections 209.319 to 209.339 or in obtaining permission to take any examination given or required pursuant to the provisions of sections 209.319 to 209.339;
(4)Obtaining or attempting to obtain any fee, charge, tuition or other compensation by fraud, deception or misrepresentation;
(5)Incompetency, misconduct, fraud, misrepresentation or dishonesty in the performance of the functions or duties of interpreting;
(6)Violation of, or assisting or enabling any person to violate, any provision of sections 209.319 to 209.339, or of any lawful rule or regulation adopted pursuant to sections 209.319 to 209.339;
(7)Impersonation of any person holding a license or allowing any person to use his or her license or certification;
(8)Discipline of a license or other right to practice interpreting granted by another state, territory, federal agency or country upon grounds for which discipline is authorized in this state;
(9)Discipline of a certification issued by the Missouri commission for the deaf and hard of hearing or any other certifying body upon grounds for which discipline is authorized in this state if the licensee was given notice and an opportunity to be heard before the certification was disciplined;
(10)A person is finally adjudged incapacitated by a court of competent jurisdiction;
(11)Assisting or enabling any person to practice or offer to practice interpreting who is not licensed and currently eligible to practice under the provisions of sections 209.319 to 209.339;
(12)Issuance of a license based upon a material mistake of fact;
(13)Violation of any professional trust or confidence;
(14)Failure to display or present a valid license if so required by sections 209.319 to 209.339 or any rule promulgated pursuant thereto.
3.Any person, organization, association or corporation who reports or provides information to the committee pursuant to the provisions of sections 209.319 to 209.339 and who does so in good faith shall not be subject to an action for civil damages as a result thereof.
4.After the filing of such complaint, the proceedings shall be conducted in accordance with the provisions of chapter 621.Upon a finding by the administrative hearing commission that the grounds, provided in subsection 2 of this section, for disciplinary action are met, the committee may singly or in combination, censure or place the person named in the complaint on probation on such terms and conditions as the committee deems appropriate for a period not to exceed five years, or may suspend, for a period not to exceed three years, or revoke the license.
5.In any order of revocation, the committee may provide that the person may not apply for reinstatement of his license for three years after the revocation.
6.Before restoring to good standing a license issued pursuant to sections 209.319 to 209.339 which has been revoked, suspended or inactive for any cause, the committee shall require the applicant to submit to the committee, verification, from the Missouri commission for the deaf that the applicant has a current certification which qualifies that person for licensure.
209.030 - Blind pensions, eligibility requirements — termination of payments for failure to submit to vision test — change of address, notice to department.
1.Every adult blind person, eighteen years of age or over, of good moral character who shall have been a resident of the state of Missouri for one year or more next preceding the time of making application for the pension herein provided and every adult blind person eighteen years of age or over who may have lost his or her sight while a bona fide resident of this state and who has been a continuous resident thereof since such loss of sight, shall be entitled to receive, when enrolled under the provisions of sections 209.010 to 209.160, an annual pension as provided for herein, payable in equal monthly installments, provided, that no such person shall be entitled to or be paid a blind pension who:
(1)Owns property or has an interest in property to the value of thirty thousand dollars or more, or if married and actually living with husband or wife, if the value of his or her interest in property, together with that of such husband or wife, exceeds said amount; provided that, the first one hundred thousand dollars in an individual's ABLE account under sections 209.600 to 209.645 shall be excluded from such asset limit; provided, further, that in determining the total value of property owned, the real estate occupied by the blind person or spouse as the home, shall be excluded;
(2)Obtains, maintains, or renews a valid driver's license in this or any other state or territory, unless such license has been relinquished to the department of revenue and the person provides satisfactory proof of such relinquishment to the department of social services.The department of social services shall notify eligible blind persons with valid driver's licenses that they shall surrender such licenses within sixty days of approval for a blind pension.Upon receipt of a relinquished license under this subdivision, the department of revenue shall, if requested by the person, issue a nondriver's license card compliant with the provisions of chapter 302 at no charge to the person.The department of social services and the department of revenue shall jointly establish procedures and shall share any information necessary to implement this subdivision;
(3)Operates a motor vehicle with or without a valid driver's license;
(4)Has a sighted spouse resident in this state who upon the investigation of the family support division may be found to be able to provide for the reasonable support of such applicant if the sighted spouse's annual income is equal to or greater than five hundred percent of the federal poverty level for each state fiscal year;
(5)Publicly solicits alms in any manner or through any artifice in any part of this state;
(6)Is maintained in a private or endowed institution or is an inmate of a public institution, except as a patient in a public medical institution; provided, that benefits shall not be paid to a blind person under sixty-five years of age, who is a patient in an institution for mental diseases or tuberculosis.In order to comply with federal laws and regulations and state plans in making payments to or on behalf of mentally ill individuals sixty-five years of age, or over, who are patients in a state mental institution, the family support division shall require agreements or other arrangements with the institution to provide a framework for cooperation and to assure that state plan requirements and federal laws and regulations relating to such payment will be observed.In the event the federal laws or regulations will not permit approval of the state plan for benefit payments to or on behalf of an individual who is sixty-five years of age, or over, and is a patient in a state institution for mental diseases, this portion of this subdivision shall be inoperative until approval of a state plan is obtained;
(7)Is otherwise not blind and not eligible for a blind pension under this chapter; or
(8)Pleads guilty or has been found to have violated section 209.140.
2.Any applicant for or any recipient of a blind pension who does not submit, without good cause or as otherwise specified by the department of social services, to a vision test as required under section 209.040 within thirty days of a request by the department shall not be eligible for a blind pension and the department shall terminate payment after notice and an opportunity for a hearing.
3.The applicant for or recipient of a blind pension shall inform the department of any change of address or other contact information and any other change of circumstances that may impact the applicant or recipient's eligibility for a blind pension within ten days of the change.Any notice served on the applicant or recipient shall be sent by certified mail delivered by the United States Postal Service at the applicant's or recipient's address of record and shall be deemed service for all purposes under sections 209.010 to 209.160.
209.130 - Rate of tax to be levied.
There is hereby levied an annual tax of three cents on each one hundred dollars valuation of taxable property in the state of Missouri to provide a fund out of which shall be paid the pensions for the deserving blind as herein provided.The tax shall be collected at the same time and in the same manner and by the same means as other state taxes are now collected.The tax, when so collected, shall be paid into the state treasury to the credit of the blind pension fund, out of which fund shall be paid the pension as provided by law.Any balance remaining in the fund after the payment of the pensions may be appropriated for the adequate support of the commission for the blind, and any balance remaining at the end of the biennium shall be transferred to the distributive public school fund.
209.160 - Discrimination or interference with persons having visual, hearing or physical disabilities, a misdemeanor.
Any person or persons, firm or corporation, or the agent of any person or persons, firm or corporation who denies or interferes with admittance to or enjoyment of the public facilities enumerated in section 209.150 or otherwise interferes with the rights of a totally or partially blind or deaf person, or a physically disabled person under section 209.150 shall be guilty of a class B misdemeanor.
209.060 - Application for pension — payment begins, when — misrepresentation, penalty.
Any person who desires the benefits of sections 209.010 to 209.160 shall file an application at the family support division office in the county of his or her residence, who is satisfied that the applicant comes within the provisions of sections 209.010 to 209.160 shall certify such fact to the family support division at its office in Jefferson City, Missouri, which shall consider the merits of such application and if approved by the family support division such person shall be placed upon the blind pension rolls.All pensions payable under sections 209.010 to 209.160 shall begin on the date of the filing of the application therefor with the family support division.And whenever it shall become known to the family support division that any person whose name is on the blind pension roll is no longer qualified to receive a pension, after reasonable notice mailed to such person at his or her last known residence address the name of such person shall be stricken from the blind pension roll; provided further, any person who shall by gifts, secret disposition or other means dispose of any property in his or her possession in order to become wholly or in part within the provisions of sections 209.010 to 209.160 shall be deemed guilty of a misdemeanor.
209.260 - Telecommunications companies responsibility for quality of services, individuals with disabilities.
Telecommunications companies shall ensure, if readily achievable as defined by federal law 42 U.S.C.A. section 12181(9), that high quality existing and new telecommunications services are available, accessible and usable by individuals with disabilities, unless making the services available, accessible or usable would result in an undue burden, including unreasonable costs or technical infeasibility, or would have an adverse competitive effect.
209.287 - Board for certification of interpreters established — appointment, qualification, terms — expenses — meetings — chairman elected how — quorum — removal from office, procedure.
1.There is hereby established within the Missouri commission for the deaf and hard of hearing a board to be known as the "Board for Certification of Interpreters", which shall be composed of three members.The executive director of the Missouri commission for the deaf and hard of hearing or the director's designee shall be a nonvoting member of the board.
2.The members shall be appointed by the governor with the advice and consent of the senate from a list of recommendations from the commission.The members shall be appointed for terms of three years.No member shall be eligible to serve more than two consecutive terms, except a person appointed to fill a vacancy for a partial term may serve two additional terms.One of the members appointed shall be deaf, one shall be a certified interpreter, and one shall be deaf or a certified interpreter.The members shall be fluent in American sign language, Pidgin Signed English, oral, tactile sign, or any specialized vocabulary used by deaf persons.The member shall have a background and knowledge of interpreting and evaluation.
3.The members shall receive no compensation for their services on the board, but the commission shall reimburse the members for actual and necessary expenses incurred in the performance of their official duties.The board shall meet not less than two times per year.The board shall elect from its membership a chairperson and a secretary.A quorum of the board shall consist of two of its members.
4.Any member of the commission may petition the governor to remove a member from the board for the following reasons:misconduct, inefficiency, incompetence or neglect of his official duties.The governor may remove the member after giving the committee member written notice of the charges against him or her and an opportunity to be heard pursuant to administrative procedures in chapter 621.
209.339 - Conversation between a hearing person and a deaf person, interpreter is deemed a conduit, confidentiality, exceptions.
1.A person who interprets a conversation between a person who can hear and a deaf person is deemed a conduit for the conversation and may not disclose or be compelled to disclose by subpoena, the contents of the conversation which he facilitated without the prior consent of the person who received his professional services, except as provided in subsections 2 to 4 of this section.
2.A court may order disclosure of the contents of a conversation to provide evidence in proceedings related to criminal charges.However, all communications, which are privileged by law, shall be protected as privileged communications in the same manner when an interpreter is used.
3.The prohibition on disclosure of the contents of a conversation does not apply in any investigation, hearing or other proceeding to determine whether, and to what extent, a licensee should be disciplined.In addition no such licensee may withhold records or testimony bearing upon whether, and to what extent, a licensee should be disciplined, on the ground of not being permitted to disclose the contents of a conversation.
4.A person, whether or not a licensed interpreter, is not prohibited from disclosing, and may not refuse to disclose, the contents of a conversation in any proceeding related to allegations that the person has practiced interpreting without a license.
209.635 - Rulemaking authority.
Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028.This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2015, shall be invalid and void.
209.331 - Procedure to adopt rules.
No rule or portion of a rule promulgated under the authority of sections 209.285 to 209.339 shall become effective unless it has been promulgated pursuant to the provisions of section 536.024.
209.035 - Proceeds from involuntary conversion, how treated — receipt defined.
1.Any proceeds from involuntary conversion of real property into personal property (such as forced transfer under condemnation, eminent domain, and fire, flood or other act of God) received by a recipient while eligible to receive blind pension benefits under existing laws shall be considered real property for a period of one year from the time of their receipt.
2.For the purposes of this section the word "receipt" means actual receipt of the proceeds or the payment into court of the proceeds, except that in condemnation cases where the initial exception to the commissioner's award is filed by the condemning authority, the word "receipt" means receipt of an award under a final judgment.
209.321 - License required to practice interpreting — certain professions exempt — practice to be limited to training and education — not considered interpreting, when — out-of-state licensees, temporary interpreting permitted — provisional licensure, criteria.
1.No person shall represent himself or herself as an interpreter or engage in the practice of interpreting as defined in section 209.285 in the state of Missouri unless such person is licensed as required by the provisions of sections 209.319 to 209.339.
2.A person registered, certified or licensed by this state, another state or any recognized national certification agent, acceptable to the committee that allows that person to practice any other occupation or profession in this state, is not considered to be interpreting if he or she is in performance of the occupation or profession for which he or she is registered, certified or licensed.The professions referred to in this subsection include, but are not limited to, physicians, psychologists, nurses, certified public accountants, architects and attorneys.
3.A licensed interpreter shall limit his or her practice to demonstrated areas of competence as documented by relevant professional education, training, experience and certification.An interpreter not trained in an area shall not practice in that area without obtaining additional relevant professional education, training and experience through an acceptable program as defined by rule by the Missouri commission for the deaf and hard of hearing.
4.A person is not considered to be interpreting pursuant to the provisions of this section if, in a casual setting and as defined by rule, a person is acting as an interpreter gratuitously or is engaged in interpreting incidental to traveling.
5.A person is not considered to be interpreting pursuant to the provisions of this section if a person is engaged as a telecommunications operator providing deaf relay service or operator services for the deaf.
6.A person is not considered to be interpreting under the provisions of this section if the person is currently enrolled in an interpreter training program which has been accredited by a certifying agency and approved by the committee.The training program shall offer a degree in interpreting from an accredited institution of higher education.Persons exempted under this provision shall engage only in activities and services that constitute part of a supervised course of study and shall clearly designate themselves by a title of the student, practicum student, student interpreter, trainee, or intern.
7.A person holding a current certification of license from another state or recognized national certification system deemed acceptable by the committee is not considered to be interpreting as defined in this chapter when temporarily present in the state for the purpose of providing interpreting services for a convention, conference, meeting, professional group, or educational field trip.
8.(1)The board for certification of interpreters shall grant a provisional certificate in education for any applicant who meets either of the following criteria:
(a)The applicant possesses a current valid certification in the Missouri interpreters certification system at either the novice or apprentice level and holds a valid license to provide interpreting services; or
(b)The applicant has submitted an application for certification in the Missouri interpreters certification system and an application for an interpreting license pursuant to sections 209.319 to 209.339 and has taken the written test and performance test or attests that he or she will complete the certification and licensure applications and take the written test within sixty days following the date of application for a provisional certificate in education and will complete the performance test within sixty days following passage of the written test.
(2)The board shall issue the provisional certificate in education within ten business days following receipt of a complete application.
(3)A provisional certificate issued under paragraph (a) of subdivision (1) of this subsection shall be valid for a term of three years and shall be renewed by the board, upon request by the certificate holder, for one additional term of three years if the certificate holder is reevaluated during the first term of issuance and achieves a higher level of certification in the Missouri interpreter certification system.
(4)A provisional certificate issued under paragraph (b) of subdivision (1) of this subsection shall be valid for one year and shall be renewed, upon request by the certificate holder, pursuant to subdivision (3) of this subsection if the certificate holder is reevaluated during the term of issuance and achieves a certification in the Missouri interpreter certification system.Such renewed certificate shall be subject to the term length and renewal provisions of subdivision (3) of this subsection.
(5)A provisional certificate in education shall be limited to providing interpreters services in preschool, elementary and secondary school settings or as allowed by any other valid Missouri certification or license held by the individual.
(6)A provisional certificate in education may be revoked by the board if the person makes any misrepresentations or fails to fulfill any commitment made pursuant to paragraph (b) of subdivision (1) of this subsection, or violates the provisions of section 209.317 or 209.334 or breaks any of the ethical rules of conduct for interpreters as established by state rule or fails to obtain the necessary continuing education credits required for certification maintenance.
209.625 - Assets exempt from taxation.
1.Notwithstanding any law to the contrary, the assets of the ABLE program held by the board and the assets of any ABLE account and any income therefrom shall be exempt from all taxation by the state or any of its political subdivisions.Income earned or received from an ABLE account or deposit shall not be subject to state income tax imposed pursuant to chapter 143.The exemption from taxation pursuant to this section shall apply only to assets and income maintained, accrued, or expended pursuant to the requirements of the ABLE program established pursuant to sections 209.600 to 209.645, and no exemption shall apply to assets and income expended for any other purposes.Annual contributions made to the ABLE program held by the board up to and including eight thousand dollars per participating taxpayer, and up to sixteen thousand dollars for married individuals filing a joint tax return, shall be subtracted in determining Missouri adjusted gross income pursuant to section 143.121.
2.If any deductible contributions to or earnings from any such program referred to in this section are distributed and not used to pay qualified disability expenses or are not held for the minimum length of time established by the appropriate Missouri board, the amount so distributed shall be added to the Missouri adjusted gross income of the participant, or, if the participant is not living, the designated beneficiary.
3.The provisions of this section shall apply to tax years beginning on or after January 1, 2015.
209.070 - Division to prepare suitable blank application forms.
It shall be the duty of the family support division to prepare suitable blank application forms for the use of blind persons in making application for pensions, which shall contain such questions for applicant to answer and other matter as the division may deem appropriate to the end to be accomplished.All statements of an applicant contained on such application form shall be verified by the applicant and shall also be supported by the certificates of two disinterested and responsible householders of the county wherein applicant resides, who have known applicant for not less than two years next prior to date of such application, that such statements are true.
209.170 - October fifteenth to be white cane safety day, governor to note.
Each year, the governor shall take suitable public notice of October fifteenth as "White Cane Safety Day".
209.297 - Applications for certification, content, oath — fee not refundable — applicant to be given date for evaluation.
1.Applications for certification as an interpreter:
(1)Shall be submitted in writing to the commission on forms prescribed by the commission and furnished to the applicant;
(2)Shall satisfactorily evidence the applicant's education, training, experiences, certification, at the time of application, the applicant is eighteen years of age or older and other information as the commission may require;
(3)Shall contain a statement that it is made under oath or affirmation and that the information contained therein is true and correct to the best knowledge and belief of the applicant and that the applicant is subject to the penalties for making a false affidavit or declaration;
(4)Shall be accompanied by the required application fee, submitted in a manner as required by the commission and shall not be refundable.
2.When the commission receives the application, the coordinator hired pursuant to section 209.289 shall notify the applicant of the earliest and most appropriate date for the applicant to be evaluated or converted.
209.605 - Program created — ABLE board to administer, members, terms — powers — meetings — investment of funds.
1.There is hereby created the "Missouri Achieving a Better Life Experience Program".The program shall be administered by the Missouri ABLE board which shall consist of the Missouri state treasurer who shall serve as chairman, the director of the department of health and senior services or his or her designee, the commissioner of the office of administration or his or her designee, the director of the department of economic development or his or her designee, two persons having demonstrable experience and knowledge in the areas of finance or the investment and management of public funds, one of whom is selected by the president pro tempore of the senate and one of whom is selected by the speaker of the house of representatives, and one person having demonstrable experience and knowledge in the area of banking or deposit rate determination and placement of depository certificates of deposit or other deposit investments.Such member shall be appointed by the governor with the advice and consent of the senate.The three appointed members shall be appointed to serve for terms of four years from the date of appointment, or until their successors shall have been appointed and qualified.The members of the board shall be subject to the provisions of section 105.452.Any member who violates the provisions of section 105.452 shall be removed from the board.
2.In order to establish and administer the ABLE program, the board, in addition to its other powers and authority, shall have the power and authority to:
(1)Develop and implement the Missouri achieving a better life experience program;
(2)Promulgate reasonable rules and regulations and establish policies and procedures to implement sections 209.600 to 209.645 to permit the ABLE program to qualify as a qualified ABLE program pursuant to 26 U.S.C. Section 529A of the Internal Revenue Code and to ensure ABLE program's compliance with all applicable laws;
(3)Develop and implement educational programs and related informational materials for participants, either directly or through a contractual arrangement with a financial institution for investment services, and their families, including special programs and materials to inform individuals with disabilities regarding methods for financing the lives of individuals with disabilities so as to maintain health, independence, and quality of life;
(4)Enter into agreements with any financial institution, or any state or federal agency or entity as required for the operation of the ABLE program pursuant to sections 209.600 to 209.645;
(5)Enter into participation agreements with participants;
(6)Accept any grants, gifts, legislative appropriations, and other moneys from the state, any unit of federal, state, or local government or any other person, firm, partnership, or corporation for deposit to the account of the ABLE program;
(7)Invest the funds received from participants in appropriate investment instruments to achieve long-term total return through a combination of capital appreciation and current income;
(8)Make appropriate payments and distributions on behalf of designated beneficiaries pursuant to participation agreements;
(9)Make refunds to participants upon the termination of participation agreements pursuant to the provisions, limitations, and restrictions set forth in sections 209.600 to 209.645 and the rules adopted by the board;
(10)Make provision for the payment of costs of administration and operation of the ABLE program;
(11)Effectuate and carry out all the powers granted by sections 209.600 to 209.645, and have all other powers necessary to carry out and effectuate the purposes, objectives, and provisions of sections 209.600 to 209.645 pertaining to the ABLE program;
(12)Procure insurance, guarantees, or other protections against any loss in connection with the assets or activities of the ABLE program; and
(13)Enter into agreements with other states to allow residents of that state to participate in the Missouri achieving a better life experience program.
3.Four members of the board shall constitute a quorum.No vacancy in the membership of the board shall impair the right of a quorum to exercise all the rights and perform all the duties of the board.No action shall be taken by the board except upon the affirmative vote of a majority of the members present.Any member of the board may designate a proxy for that member who will enjoy the full voting privileges of that member for the one meeting so specified by such member.No more than three proxies shall be considered members of the board for purposes of establishing a quorum.
4.The board shall meet within the state of Missouri at the time set at a previously scheduled meeting or by the request of any four members of the board.Notice of the meeting shall be delivered to all members of the board in person or by depositing notice in a United States Post Office in a properly stamped and addressed envelope not less than six days prior to the date fixed for the meeting.The board may meet at any time by unanimous mutual consent.There shall be at least one meeting in each quarter.
5.The funds of the ABLE program shall be invested only in those investments which a prudent person acting in a like capacity and familiar with these matters would use in the conduct of an enterprise of a like character and with like aims, as provided in section 105.688.For new contracts entered into after August 28, 2015, board members shall study investment plans of other states and contract with or negotiate to provide benefit options the same as or similar to other states' qualified plans for the purpose of offering additional options for members of the plan.The board may delegate to duly appointed investment counselors authority to act in place of the board in the investment and reinvestment of all or part of the moneys and may also delegate to such counselors the authority to act in place of the board in the holding, purchasing, selling, assigning, transferring, or disposing of any or all of the securities and investments in which such moneys shall have been invested, as well as the proceeds of such investments and such moneys.Such investment counselors shall be registered as investment advisors with the United States Securities and Exchange Commission.In exercising or delegating its investment powers and authority, members of the board shall exercise ordinary business care and prudence under the facts and circumstances prevailing at the time of the action or decision.No member of the board shall be liable for any action taken or omitted with respect to the exercise of, or delegation of, these powers and authority if such member shall have discharged the duties of his or her position in good faith and with that degree of diligence, care, and skill which a prudent person acting in a like capacity and familiar with these matters would use in the conduct of an enterprise of a like character and with like aims.
6.No investment transaction authorized by the board shall be handled by any company or firm in which a member of the board has a substantial interest, nor shall any member of the board profit directly or indirectly from any such investment.
7.No member of the board or employee of the ABLE program shall receive any gain or profit from any funds or transaction of the ABLE program.Any member of the board, employee, or agent of the ABLE program accepting any gratuity or compensation for the purpose of influencing such member of the board's, employee's, or agent's action with respect to the investment or management of the funds of the ABLE program shall thereby forfeit the office and in addition thereto be subject to the penalties prescribed for bribery.
209.305 - Evaluations, subjects to be covered — confidentiality of tests and records.
1.The evaluation shall be an assessment of interpreter's language skills, expressive and receptive skills, professionalism, knowledge of interpreting and ethical practices.Modes of communication that shall be evaluated include, but are not limited to:
(1)American sign language;
(5)Pidgin Signed English; and
(6)Any necessary specialized vocabulary, language or mode of communication in popular or regional use among deaf people.
2.The board or an evaluation team shall use testing materials developed by the commission or contracted with a national organization to assess the qualifications of interpreters.All testing materials and records shall be held confidential by the commission.
209.258 - Deaf relay service fund established, purpose — deposit — unexpended balance not to be transferred to general revenue — commission and advisory assistive technology council to request appropriations from fund for service delivery.
1.All remaining deaf relay service and equipment distribution program fund surcharge money collected by local exchange telephone companies pursuant to section 209.257 shall be paid to the director of revenue in a manner prescribed by the public service commission.The director of revenue shall remit such payments to the state treasurer.
2.The state treasurer shall credit such payments to a special fund, which is hereby created, to be known as the "Deaf Relay Service and Equipment Distribution Program Fund" which fund shall be devoted solely to the payment of expenditures actually incurred in operation of the statewide dual-party relay service and equipment distribution program authorized by section 209.253, including expenses associated with the administration of the dual-party relay service and equipment distribution program or incurred by members of any advisory committee appointed by the commission or Missouri assistive technology advisory council to help in the administration of the statewide telecommunications equipment distribution program authorized by section 209.253.
3.Any unexpended balance in the fund at the end of the fiscal year shall be exempt from the provisions of section 33.080 relating to the transfer of unexpended balances to the general revenue fund, but shall be applicable by appropriation of the general assembly to the payment of expenditures for the dual-party relay service and equipment distribution program in the succeeding fiscal year.
4.The commission shall annually request, through a separate budget line item, appropriations from the deaf relay service and equipment distribution program fund to deliver the dual-party relay service.The Missouri assistive technology advisory council shall annually request, through a separate budget line item of its departmental budget, appropriations from the deaf relay service and equipment distribution program fund to deliver the telecommunications equipment distribution program.
5.The current surcharge rate shall not increase for a period of two years after August 28, 2000, subject to change in federal requirements for deaf relay services.
209.050 - Persons refusing work ineligible for pensions — names may be stricken from roll.
1.Sections 209.010 to 209.160 shall not be so construed as to grant the benefits thereof to any blind person between the ages of eighteen and fifty years who has no occupation and who, being both physically and mentally capable of some useful occupation or of receiving vocational or other training, who refuses, for any reason, to engage in such useful occupation or to avail himself or herself of such vocational or other training.
2.The family support division may grant its certificate admitting to the pension roll any applicant, otherwise qualified for a pension, who signifies his or her willingness and readiness to enter upon a course of vocational or other training; but in the event any such person fails for more than a reasonable time to enter upon such course of training, without good cause, the family support division shall strike the name of such person from the blind pension roll.
209.150 - Rights of persons with visual, hearing or physical disabilities — guide, hearing or service dogs, no extra charge for — liability for actual damages.
1.Every person with a visual, aural or other disability including diabetes, as defined in section 213.010, shall have the same rights afforded to a person with no such disability to the full and free use of the streets, highways, sidewalks, walkways, public buildings, public facilities, and other public places.
2.Every person with a visual, aural or other disability including diabetes, as defined in section 213.010, is entitled to full and equal accommodations, advantages, facilities, and privileges of all common carriers, airplanes, motor vehicles, railroad trains, motor buses, taxis, streetcars, boats or any other public conveyances or modes of transportation, hotels, lodging places, places of public accommodation, amusement or resort, and other places to which the general public is invited, subject only to the conditions and limitations established by law and applicable alike to all persons.
3.Every person with a visual, aural or other disability including diabetes, as defined in section 213.010, shall have the right to be accompanied by a guide dog, hearing dog, or service dog, which is especially trained for the purpose, in any of the places listed in subsection 2 of this section without being required to pay an extra charge for the guide dog, hearing dog or service dog; provided that such person shall be liable for any damage done to the premises or facilities by such dog.
4.As used in sections 209.150 to 209.190, the term "service dog" means any dog specifically trained to assist a person with a physical or mental disability by performing necessary tasks or doing work which the person cannot perform.Such tasks shall include, but not be limited to, pulling a wheelchair, retrieving items, carrying supplies, and search and rescue of an individual with a disability.
209.309 - Provisional certificates issued when — limitation — requirements — extension granted when.
The board may offer provisional certification to interpreters achieving a minimal level of certification established by the board.A provisional certification is limited to one year; during such year the interpreter must be reevaluated and achieve the next higher level of certification.If an evaluation slot is not available during the term of the provisional license, the interpreter may be granted an extension.A holder of a provisional certification may only be granted one extension.
209.240 - Amount of pension — need, how determined.
1.The family support division shall, for the purpose of obtaining federal financial participation in aid to the blind payments, prepare a budget taking into consideration the necessary expenses in accordance with standards developed by the family support division and the income and resources of the individual claiming aid to the blind.In preparing such budget the family support division shall disregard the first eighty-five dollars per month of earned income plus one-half of earned income in excess of eighty-five dollars per month and for a period not in excess of twelve months, such additional amounts of other income and resources, in the case of an individual who has a plan for achieving self-support approved by the family support division, as may be necessary for the fulfillment of such plan.Every person passing the vision test and having the other qualifications provided in this law shall be entitled to receive aid to the blind in the amount of one hundred ten dollars monthly.Any person disqualified to receive aid to the blind may apply for pension to the blind as provided in sections 209.010 to 209.160.
2.If the funds at the disposal or which may be obtained by the family support division for the payment of benefits under this section shall at any time become insufficient to pay the full amount of benefits to each person entitled thereto, the amount of benefits of each one of such persons shall be reduced pro rata in proportion to such deficiency in the total amount available or to become available for such purpose.
3.Medical assistance for aid to the blind recipients shall be payable as provided in sections 208.151 to 208.158 without regard to any durational residence requirement for eligibility.
209.140 - Persons violating provisions of law guilty of misdemeanor.
Any person or persons found guilty of violating any of the provisions of sections 209.010 to 209.160 shall be deemed guilty of a misdemeanor; and any person who shall willfully and fraudulently violate any of the provisions of sections 209.010 to 209.160 for the purpose of obtaining any benefits thereunder, to which such person is not entitled, shall, in addition to the penalties otherwise provided herein, forfeit all right to future benefits hereunder.
209.040 - Standard of vision, vision test required, exemption — amount of payments, effect of insufficient appropriations — medical assistance — supplemental appropriations, when.
1.No person shall be entitled to a blind pension under sections 209.010 to 209.160 who is not blind as defined in this section.A person is "blind" for purposes of qualifying for a blind pension under this section if his or her vision cannot be corrected to better than five two-hundredths, in the better eye, or if his or her visual field is less than or equal to five degrees as tested with five millimeter target on perimeter in the better eye, for a period that lasted or is expected to last at least twelve months.No person shall be entitled to receive a pension except upon a scientific vision test as determined by the department of social services and supported by a certificate of an ophthalmologist, a physician skilled in disease of the eye, or an optometrist, designated or approved by the department of social services to make such examination.
2.In order to continue to be eligible to receive a pension under the provisions of this section, a person shall present to the department of social services every fifth year after the initial vision test, or sooner at the request of the department if the department has reason to believe the person is not eligible for a blind pension, a new certificate of an ophthalmologist, a physician skilled in disease of the eye, or an optometrist, designated or approved by the department to make a scientific vision test that such person continues to meet the requirements of this section.The ophthalmologist, physician, or optometrist who conducted the vision test may indicate that a reexamination should be performed in less than five years if the person's vision may reasonably be expected to improve within five years.Persons who have been deemed by an ophthalmologist, a physician skilled in disease of the eye, or an optometrist to have no usable vision in the better eye shall be exempt from the five-year reexamination requirement of this subsection, but shall not be exempt from reexamination at the request of the department if the department has reasonable cause to believe that the person may not be blind.
3.Every person who is eligible for a blind pension under sections 209.010 to 209.160 shall be entitled to receive a monthly pension in an amount established by appropriations made by the general assembly for that purpose but not less than three hundred forty dollars; except that pensions to the blind as provided herein shall not be payable to a blind person unless such person has been declared ineligible to receive aid under the federal supplemental security income program, nor shall pensions to the blind as provided herein be payable to any person who is receiving general relief assistance.
4.If the funds at the disposal of or which may be obtained by the department of social services for the payment of benefits under this section shall at any time become insufficient to pay the full amount of benefits to each person entitled thereto, the amount of benefits of each one of such persons shall be reduced pro rata in proportion to such deficiency in the total amount available or to become available for such purpose.
5.Medical assistance for blind recipients eligible for such assistance under the provisions of sections 208.151 to 208.158 shall be payable as provided in sections 208.151 to 208.158 without regard to any durational residence requirement for eligibility out of funds designated for such medical assistance and not from the blind pension fund.
6.The monthly pension provided in subsection 3 of this section shall be set by the general assembly annually and may be adjusted by a supplemental appropriation bill.The department of social services shall submit to the general assembly a projected estimate of the monthly pension payment for each upcoming fiscal year with the department's proposed budget request for each upcoming fiscal year.The estimate may consider projected revenues from the tax levied under section 209.130, the projected balance in the blind pension fund, projected cash flow estimates to the blind pension fund, and estimates of the number of persons eligible to receive blind pension payments in each upcoming fiscal year.The department may consult with the state treasurer, the department of revenue, and other sources in estimating projected revenues under this subsection.The estimated change in the monthly pension payment for each upcoming fiscal year shall be calculated as follows:one-twelfth of the quotient obtained by dividing seventy-five percent of the annual change in the amount of funds in the blind pension fund for the preceding fiscal year by the projected number of persons eligible to receive the monthly pension provided in subsection 1 of this section.
209.319 - State committee of interpreters to be established in division of professional registration, appointment, qualifications, terms, compensation — vacancies — quorum — meetings.
1.There is hereby established in the division of professional registration the "Missouri State Committee of Interpreters", which shall consist of seven members, including two public members.At least one of the public members shall be deaf.The committee members shall be appointed by the governor with the advice and consent of the senate.Each member of the committee shall be a citizen of the United States and a resident of this state and, except as provided in subsections 2 and 3 of this section, shall be licensed as an interpreter by this state.
2.The initial interpreter appointments made to the committee shall be made from interpreters who have voluntarily registered with the Missouri commission for the deaf and hard of hearing.In making the initial appointments to the committee, the governor shall stagger the terms of the appointees so that two members serve initial terms of two years, two members serve initial terms of three years, two members serve initial terms of four years and one member serves an initial term of one year.
3.At the time of appointment the public members shall be United States citizens, Missouri residents for a period of one year, registered voters, persons who are not and never were members of any profession licensed or regulated pursuant to sections 209.285 to 209.339, persons who do not have and never have had a material financial interest in providing interpreting services or persons who do not have and never have had a financial interest in an activity or organization directly related to interpreting.
4.Members shall be appointed to serve four-year terms. No person shall be eligible for reappointment who has served as a member of the committee for eight or more years.The membership of the committee shall reflect the differences in levels of certification, work experience and education.Not more than two interpreter educators shall be members of the committee at the same time.
5.A vacancy in the office of a member shall be filled by appointment by the governor for the remainder of the unexpired term.The governor may remove a committee member for misconduct, inefficiency, incompetence or neglect of his or her official duties after giving the committee member written notice of the charges against the committee member and an opportunity to be heard.
6.Each member of the committee shall receive as compensation an amount set by the committee not to exceed fifty dollars for each day devoted to the affairs of the committee and shall be reimbursed for necessary and actual expenses incurred in the performance of his or her official duties.
7.The committee shall hold an annual meeting at which it shall elect from its membership a chairperson and a secretary.The committee may hold such additional meetings as may be required in the performance of its duties.A quorum of the committee shall consist of four of its members.
8.The staff for the committee shall be provided by the director of the division of professional registration.
9.The committee may sue and be sued in its official name and shall have a seal which shall be affixed to all certified copies of records and papers on file and to such other instruments as the committee may direct.All courts shall take judicial notice of such seal.Copies of records and proceedings of the committee and of all papers on file with the division on behalf of the committee certified under the seal shall be received as evidence in all courts of record.
209.640 - State treasurer's office, semiannual review.
The director of investment of the state treasurer's office shall, on a semiannual basis, review the financial status and investment policy of the program as well as the participation rate in the program.The director of investment shall also review the continued viability of the program and the administration of the program by the board.The director of investment shall report the findings annually to the board, which shall subsequently disclose such findings at a public meeting.
209.615 - Deposit and investment of moneys.
All money paid by a participant in connection with a participation agreement shall be deposited as received and shall be promptly invested by the board.Contributions and earnings thereon accumulated on behalf of participants in the ABLE program may be used, as provided in the participation agreement, for qualified disability expenses.
209.311 - Fees, how established.
The commission may charge fees for application, administration of an evaluation, renewal of a certificate, conversion and recordkeeping.The fees shall be in an amount sufficient to cover the costs of the evaluation and certification program.
209.015 - Blindness education, screening and treatment program fund — uses of fund — rulemaking.
1.There is hereby created in the state treasury the "Blindness Education, Screening and Treatment Program Fund".The fund shall consist of moneys donated pursuant to subsection 7 of section 301.020 and subsection 3 of section 302.171.Unexpended balances in the fund at the end of any fiscal year shall not be transferred to the general revenue fund or any other fund, the provisions of section 33.080 to the contrary notwithstanding.
2.Subject to the availability of funds in the blindness education, screening and treatment program fund, the department of social services shall develop a blindness education, screening and treatment program to provide blindness prevention education and to provide screening and treatment for persons who do not have adequate coverage for such services under a health benefit plan.
3.The program shall provide for:
(1)Public education about blindness and other eye conditions;
(2)Screenings and eye examinations to identify conditions that may cause blindness; and
(3)Treatment procedures necessary to prevent blindness.
4.The department may contract for program development with any department-approved nonprofit organization dealing with regional and community blindness education, eye donor and vision treatment services.
5.The department may adopt rules to prescribe eligibility requirements for the program.
6.No rule or portion of a rule promulgated pursuant to the authority of this section shall become effective unless it has been promulgated pursuant to the provisions of chapter 536.