Effective - 28 Aug 2011, 4 histories
324.1106. Persons deemed not to be engaging in private investigation business. — The following persons shall not be deemed to be engaging in the private investigator business:
(1) A person employed exclusively and regularly by one employer in connection only with the affairs of such employer and where there exists an employer-employee relationship;
(2) Any officer or employee of the United States, or of this state or a political subdivision thereof while engaged in the performance of the officer's or employee's official duties;
(3) Any employee, agent, or independent contractor employed by any government agency, division, or department of the state whose work relationship is established by a written contract while working within the scope of employment established under such contract;
(4) An attorney performing duties as an attorney, or an attorney's paralegal or employee retained by such attorney assisting in the performance of such duties or investigation on behalf of such attorney;
(5) A certified public accountant performing duties as a certified public accountant who holds an active license issued by any state and the employees of such certified public accountant or certified public accounting firm assisting in the performance of duties or investigation on behalf of such certified public accountant or certified public accounting firm;
(6) A collection agency or an employee thereof while acting within the scope of employment, while making an investigation incidental to the business of the agency, including an investigation of the location of a debtor or a debtor's property where the contract with an assignor creditor is for the collection of claims owed or due, or asserted to be owed or due, or the equivalent thereof;
(7) Insurers and insurance producers licensed by the state, performing duties in connection with insurance transacted by them;
(8) Any bank subject to the jurisdiction of the director of the division of finance of the state of Missouri or the comptroller of currency of the United States;
(9) An insurance adjuster;
(10) Any private fire investigator whose primary purpose of employment is the determination of the origin, nature, cause, or calculation of losses relevant to a fire;
(11) Employees of an organization, whether for-profit or not-for-profit, or its affiliate or subsidiary, whether for-profit or not-for-profit, whose investigatory activities are limited to making and processing requests for criminal history records and other background information from state, federal, or local databases, including requests for employee background check information under section 192.2495;
(12) Any real estate broker, real estate salesperson, or real estate appraiser acting within the scope of his or her license;
(13) Expert witnesses who have been certified or accredited by a national or state association associated with the expert's scope of expertise;
(14) Any person who does not hold themselves out to the public as a private investigator and is exclusively employed by or under exclusive contract with a state agency or political subdivision;
(15) Any person performing duties or activities relating to serving legal process when such person's duties or activities are incidental to the serving of legal process; or
(16) A consumer reporting agency as defined in 15 U.S.C. Section 1681a and its contract and salaried employees.
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(L. 2007 H.B. 780 and S.B. 308, A.L. 2010 H.B. 2226, et al., A.L. 2011 H.B. 464)
Structure Missouri Revised Statutes
Title XXII - Occupations and Professions
Chapter 324 - Occupations and Professions General Provisions
Section 324.002 - Complaint procedure to be established by boards and commissions.
Section 324.005 - Licensure reciprocity for military members and personnel, when.
Section 324.009 - Licensure reciprocity — definitions — requirements — inapplicability, when.
Section 324.010 - No delinquent taxes, condition for renewal of certain professional licenses.
Section 324.013 - Age, denial of licensure, prohibited, when.
Section 324.014 - License status, change in to be reported to current employer by licensing body.
Section 324.015 - Fees, waiver of, when — definitions — procedure — rulemaking authority.
Section 324.017 - Disclosure of complaints, requirements.
Section 324.021 - Appointments to boards, affirmative action required.
Section 324.022 - Rulemaking authority.
Section 324.024 - Applications to contain Social Security numbers, exceptions.
Section 324.026 - Orientation program for appointees required, purpose.
Section 324.028 - Forfeiture of membership on board or council for missing meetings.
Section 324.029 - Felony conviction not a bar to licensure, when.
Section 324.031 - Collection and deposit of fees, requirements.
Section 324.035 - Continuing education, use of occupational fees prohibited, when — exceptions.
Section 324.036 - Fee collection, accounting, and deposit, division may contract for services.
Section 324.038 - Issuance of license subject to probation permitted, when, procedure.
Section 324.039 - Classification created for licensees removing themselves from licensing system.
Section 324.041 - Testing positive for a controlled substance, presumption of illegal possession.
Section 324.042 - Additional discipline permitted, when.
Section 324.045 - Default decision entered, when — set aside, when — good cause defined.
Section 324.050 - Occupational therapy practice act — definitions.
Section 324.059 - Exceptions to licensing requirements.
Section 324.063 - Missouri board of occupational therapy, members, terms, removal.
Section 324.065 - Board duties, meetings, compensation — rules, procedure.
Section 324.068 - Division of professional registration duties.
Section 324.071 - Application for a license — certification, when.
Section 324.074 - Missouri board of occupational therapy fund created.
Section 324.077 - Limited permit issued, when.
Section 324.080 - Renewal notice sent, when — inactive status granted, when.
Section 324.086 - Refusal to issue license, when — notification of applicant — complaint procedure.
Section 324.087 - Occupational Therapy Licensure Compact.
Section 324.089 - Violations of sections 324.050 to 324.089.
Section 324.125 - Clinical perfusionist licensure act.
Section 324.128 - Definitions.
Section 324.130 - Application eligibility, when.
Section 324.133 - License by examination.
Section 324.136 - Application procedure, fees, qualifications.
Section 324.139 - Competency examination, notification of results.
Section 324.141 - License displayed prominently at location of practice.
Section 324.147 - Issuance of a license by the board, when — provisional license, when.
Section 324.150 - Waiver of examination and education requirements by the board, when.
Section 324.156 - Exceptions to requirements of sections 324.125 to 324.183.
Section 324.159 - Board duties.
Section 324.162 - Complaints filed with the board, information file kept, contents.
Section 324.165 - Board, rules adopted, when — disposition of complaints, procedure.
Section 324.168 - Compliance with licensing requirements, rules by the board.
Section 324.180 - Commission meetings, when — quorum.
Section 324.183 - Promulgation of rules by the board, limitations.
Section 324.200 - Dietitian practice act — definitions.
Section 324.205 - Title of licensed dietitian, use permitted, when — penalty.
Section 324.207 - Practice of medicine prohibited, when.
Section 324.210 - Qualifications of applicant for licensure — examination required, exception.
Section 324.212 - Applications for licensure, fees — renewal notices — dietitian fund established.
Section 324.215 - Issuance of license, when — reciprocity — reexamination, limitations.
Section 324.220 - Authority of division.
Section 324.225 - Insurance reimbursement for services not mandated.
Section 324.228 - Rulemaking authority — nonseverability, when.
Section 324.240 - Definitions.
Section 324.243 - Board of therapeutic massage, members, terms, meetings, removal, compensation.
Section 324.245 - Authority of board — rulemaking — massage therapy fund.
Section 324.250 - Massage business, issuance of licenses, when — renewal — posting required.
Section 324.252 - Massage business licenses, nontransferable and nonassignable.
Section 324.255 - Survey inspections, when.
Section 324.257 - Report of inspection findings, deficiencies — complaint.
Section 324.260 - Complaints against massage business or therapist, procedure.
Section 324.267 - Criminal background check authorized, cost.
Section 324.272 - Preemption clause.
Section 324.273 - Duties of division.
Section 324.275 - Violation — penalty.
Section 324.400 - Definitions.
Section 324.403 - Title of registered interior designer, use, when.
Section 324.406 - Interior design council created, members, terms, removal for cause.
Section 324.409 - Qualifications for registration.
Section 324.412 - Powers and duties of division — rulemaking.
Section 324.415 - Applications for registration, form — penalties.
Section 324.418 - Certificate of registration, renewal.
Section 324.421 - Waiver of examination, when.
Section 324.424 - Fees — interior designer council fund, use.
Section 324.427 - Unlawful use of title of registered interior designer.
Section 324.430 - Designation as registered interior designer prohibited, when.
Section 324.433 - Right to use title, nontransferable.
Section 324.439 - Violation — penalty.
Section 324.475 - Definitions.
Section 324.478 - Missouri acupuncturist advisory committee created, duties, members, terms.
Section 324.481 - Duties of board — rulemaking authority — acupuncturist fund created, use of.
Section 324.484 - Persons exempt from licensing requirements.
Section 324.487 - Qualifications for licensure.
Section 324.490 - Expiration of licenses.
Section 324.493 - Restoration of license, procedure.
Section 324.496 - Authority of the board — complaints, procedure — limitation of liability.
Section 324.499 - Violations, penalty — right to sue.
Section 324.520 - Definitions — tattooing, branding, body piercing, prohibited, when, penalty.
Section 324.522 - Licensing required, when — rulemaking authority.
Section 324.524 - Tattoo fund.
Section 324.526 - Temporary license issued, when.
Section 324.700 - Definitions.
Section 324.703 - License required for persons engaged in the business of housemoving.
Section 324.706 - License issued, when.
Section 324.709 - Effective date of license — annual renewal.
Section 324.712 - Certificate of insurance required.
Section 324.721 - Obstructions to be removed and replaced at expense of housemover.
Section 324.724 - Alternate route used, when.
Section 324.727 - No house in highway right-of-way without permission.
Section 324.730 - Visibility and unsafe weather conditions, restrictions on move.
Section 324.733 - Voiding of permit, when.
Section 324.736 - Local ordinances complied with, moves on municipal streets.
Section 324.739 - Speed of moves, limitations.
Section 324.742 - Violations, penalty.
Section 324.745 - Severability clause — applicability exceptions.
Section 324.900 - Definitions.
Section 324.910 - Rulemaking authority — duties of division.
Section 324.915 - Work exempt from statutory requirements, when.
Section 324.930 - Missouri electrical industry licensing fund created.
Section 324.945 - Violations, penalties.
Section 324.1100 - Definitions.
Section 324.1103 - Duties of division.
Section 324.1104 - Prohibited acts.
Section 324.1106 - Persons deemed not to be engaging in private investigation business.
Section 324.1107 - Private fire investigation, deemed not engaging in, when.
Section 324.1108 - Application for licensure, contents — qualifications.
Section 324.1110 - Licensure requirements.
Section 324.1112 - Denial of a request for licensure, when.
Section 324.1116 - Agency hiring criteria.
Section 324.1118 - Licensure required — prohibited acts.
Section 324.1120 - Supervision of agency employees required, when.
Section 324.1122 - Continuing education requirements.
Section 324.1124 - Form of license, contents — posting requirements.
Section 324.1130 - Records to be maintained — required filings.
Section 324.1132 - Advertising requirements.
Section 324.1136 - Record-keeping requirements — investigatory powers of the board.
Section 324.1138 - Rulemaking authority.
Section 324.1142 - Falsification of required information, penalties.
Section 324.1144 - Reciprocity.
Section 324.1146 - Licensure of law enforcement officers, qualifications.
Section 324.1147 - Civil and criminal liability, no immunity, when.