Refusal to issue license, when--notification of applicant--complaintprocedure.
324.086. 1. The board may refuse to issue or renew any certificateof registration or authority, permit or license required pursuant tosections 324.050 to 324.089 for one or any combination of causes stated insubsection 2 of this section. The board shall notify the applicant inwriting of the reasons for the refusal and shall advise the applicant ofhis or her right to file a complaint with the administrative hearingcommission as provided by chapter 621, RSMo.
2. The board may cause a complaint to be filed with theadministrative hearing commission as provided by chapter 621, RSMo, againstany holder of any certificate of registration or authority, permit orlicense required by sections 324.050 to 324.089 or any person who hasfailed to renew or has surrendered his or her certificate of registrationor authority, permit or license for any one or any combination of thefollowing causes:
(1) Use or unlawful possession of any controlled substance, asdefined in chapter 195, RSMo, or alcoholic beverage to an extent that suchuse impairs a person's ability to perform the work of an occupationaltherapist or occupational therapy assistant;
(2) The person has been finally adjudicated and found guilty, orentered a plea of guilty or nolo contendere, in a criminal prosecutionunder the laws of any state or of the United States, for any offensereasonably related to the qualifications, functions or duties of anyprofession licensed or regulated by sections 324.050 to 324.089, for anyoffense an essential element of which is fraud, dishonesty or an act ofviolence, or for any offense involving moral turpitude, whether or notsentence is imposed;
(3) Use of fraud, deception, misrepresentation or bribery in securingany certificate of registration or authority, permit or license issuedpursuant to sections 324.050 to 324.089 or in obtaining permission to takeany examination given or required pursuant to sections 324.050 to 324.089;
(4) Obtaining or attempting to obtain any fee, charge, tuition orother compensation by fraud, deception or misrepresentation;
(5) Incompetency, misconduct, gross negligence, fraud,misrepresentation or dishonesty in the performance of the functions andduties of any profession licensed or regulated by sections 324.050 to324.089;
(6) Violation of, or assisting or enabling any person to violate, anyprovision of sections 324.050 to 324.089 or any lawful rule or regulationadopted pursuant to sections 324.050 to 324.089;
(7) Impersonation of any person holding a certificate of registrationor authority, permit or license or allowing any person to use his or hercertificate of registration or authority, permit, license or diploma fromany school;
(8) Disciplinary action against the holder of a license or otherright to practice any profession regulated by sections 324.050 to 324.089granted by another state, territory, federal agency or country upon groundsfor which revocation or suspension is authorized in this state;
(9) A person is finally adjudged insane or incompetent by a court ofcompetent jurisdiction;
(10) Assisting or enabling any person to practice or offer topractice any profession licensed or regulated by sections 324.050 to324.089 who is not registered and currently eligible to practice pursuantto sections 324.050 to 324.089;
(11) Issuance of a certificate of registration or authority, permitor license based upon a material mistake of fact;
(12) Violation of any professional trust or confidence;
(13) Use of any advertisement or solicitation which is false,misleading or deceptive to the general public or persons to whom theadvertisement or solicitation is primarily directed;
(14) Unethical conduct as defined in the ethical standards foroccupational therapists and occupational therapy assistants adopted by theboard and filed with the secretary of state;
(15) Violation of the drug laws or rules and regulations of thisstate, any other state or federal government.
3. After the filing of such complaint, the proceedings shall beconducted in accordance with the provisions of chapter 621, RSMo. Upon afinding by the administrative hearing commission that the grounds providedin subsection 2 of this section for disciplinary action are met, the boardmay, singly or in combination, censure or place the person named in thecomplaint on probation with such terms and conditions as the board deemsappropriate for a period not to exceed five years, or may suspend, for aperiod not to exceed three years, or may revoke the license, certificate orpermit.
4. An individual whose license has been revoked shall wait at leastone year from the date of revocation to apply for relicensure. Relicensureshall be at the discretion of the board after compliance with allrequirements of sections 324.050 to 324.089 relative to the licensing ofthe applicant for the first time.
Refusal to issue license, when--notification of applicant--complaintprocedure.
324.086. 1. The board may refuse to issue or renew any certificateof registration or authority, permit or license required pursuant tosections 324.050 to 324.089 for one or any combination of causes stated insubsection 2 of this section. The board shall notify the applicant inwriting of the reasons for the refusal and shall advise the applicant ofhis or her right to file a complaint with the administrative hearingcommission as provided by chapter 621, RSMo.
2. The board may cause a complaint to be filed with theadministrative hearing commission as provided by chapter 621, RSMo, againstany holder of any certificate of registration or authority, permit orlicense required by sections 324.050 to 324.089 or any person who hasfailed to renew or has surrendered his or her certificate of registrationor authority, permit or license for any one or any combination of thefollowing causes:
(1) Use or unlawful possession of any controlled substance, asdefined in chapter 195, RSMo, or alcoholic beverage to an extent that suchuse impairs a person's ability to perform the work of an occupationaltherapist or occupational therapy assistant;
(2) The person has been finally adjudicated and found guilty, orentered a plea of guilty or nolo contendere, in a criminal prosecutionunder the laws of any state or of the United States, for any offensereasonably related to the qualifications, functions or duties of anyprofession licensed or regulated by sections 324.050 to 324.089, for anyoffense an essential element of which is fraud, dishonesty or an act ofviolence, or for any offense involving moral turpitude, whether or notsentence is imposed;
(3) Use of fraud, deception, misrepresentation or bribery in securingany certificate of registration or authority, permit or license issuedpursuant to sections 324.050 to 324.089 or in obtaining permission to takeany examination given or required pursuant to sections 324.050 to 324.089;
(4) Obtaining or attempting to obtain any fee, charge, tuition orother compensation by fraud, deception or misrepresentation;
(5) Incompetency, misconduct, gross negligence, fraud,misrepresentation or dishonesty in the performance of the functions andduties of any profession licensed or regulated by sections 324.050 to324.089;
(6) Violation of, or assisting or enabling any person to violate, anyprovision of sections 324.050 to 324.089 or any lawful rule or regulationadopted pursuant to sections 324.050 to 324.089;
(7) Impersonation of any person holding a certificate of registrationor authority, permit or license or allowing any person to use his or hercertificate of registration or authority, permit, license or diploma fromany school;
(8) Disciplinary action against the holder of a license or otherright to practice any profession regulated by sections 324.050 to 324.089granted by another state, territory, federal agency or country upon groundsfor which revocation or suspension is authorized in this state;
(9) A person is finally adjudged insane or incompetent by a court ofcompetent jurisdiction;
(10) Assisting or enabling any person to practice or offer topractice any profession licensed or regulated by sections 324.050 to324.089 who is not registered and currently eligible to practice pursuantto sections 324.050 to 324.089;
(11) Issuance of a certificate of registration or authority, permitor license based upon a material mistake of fact;
(12) Violation of any professional trust or confidence;
(13) Use of any advertisement or solicitation which is false,misleading or deceptive to the general public or persons to whom theadvertisement or solicitation is primarily directed;
(14) Unethical conduct as defined in the ethical standards foroccupational therapists and occupational therapy assistants adopted by theboard and filed with the secretary of state;
(15) Violation of the drug laws or rules and regulations of thisstate, any other state or federal government.
3. After the filing of such complaint, the proceedings shall beconducted in accordance with the provisions of chapter 621, RSMo. Upon afinding by the administrative hearing commission that the grounds providedin subsection 2 of this section for disciplinary action are met, the boardmay, singly or in combination, censure or place the person named in thecomplaint on probation with such terms and conditions as the board deemsappropriate for a period not to exceed five years, or may suspend, for aperiod not to exceed three years, or may revoke the license, certificate orpermit.
4. An individual whose license has been revoked shall wait at leastone year from the date of revocation to apply for relicensure. Relicensureshall be at the discretion of the board after compliance with allrequirements of sections 324.050 to 324.089 relative to the licensing ofthe applicant for the first time.
Refusal to issue license, when--notification of applicant--complaintprocedure.
324.086. 1. The board may refuse to issue or renew any certificateof registration or authority, permit or license required pursuant tosections 324.050 to 324.089 for one or any combination of causes stated insubsection 2 of this section. The board shall notify the applicant inwriting of the reasons for the refusal and shall advise the applicant ofhis or her right to file a complaint with the administrative hearingcommission as provided by chapter 621, RSMo.
2. The board may cause a complaint to be filed with theadministrative hearing commission as provided by chapter 621, RSMo, againstany holder of any certificate of registration or authority, permit orlicense required by sections 324.050 to 324.089 or any person who hasfailed to renew or has surrendered his or her certificate of registrationor authority, permit or license for any one or any combination of thefollowing causes:
(1) Use or unlawful possession of any controlled substance, asdefined in chapter 195, RSMo, or alcoholic beverage to an extent that suchuse impairs a person's ability to perform the work of an occupationaltherapist or occupational therapy assistant;
(2) The person has been finally adjudicated and found guilty, orentered a plea of guilty or nolo contendere, in a criminal prosecutionunder the laws of any state or of the United States, for any offensereasonably related to the qualifications, functions or duties of anyprofession licensed or regulated by sections 324.050 to 324.089, for anyoffense an essential element of which is fraud, dishonesty or an act ofviolence, or for any offense involving moral turpitude, whether or notsentence is imposed;
(3) Use of fraud, deception, misrepresentation or bribery in securingany certificate of registration or authority, permit or license issuedpursuant to sections 324.050 to 324.089 or in obtaining permission to takeany examination given or required pursuant to sections 324.050 to 324.089;
(4) Obtaining or attempting to obtain any fee, charge, tuition orother compensation by fraud, deception or misrepresentation;
(5) Incompetency, misconduct, gross negligence, fraud,misrepresentation or dishonesty in the performance of the functions andduties of any profession licensed or regulated by sections 324.050 to324.089;
(6) Violation of, or assisting or enabling any person to violate, anyprovision of sections 324.050 to 324.089 or any lawful rule or regulationadopted pursuant to sections 324.050 to 324.089;
(7) Impersonation of any person holding a certificate of registrationor authority, permit or license or allowing any person to use his or hercertificate of registration or authority, permit, license or diploma fromany school;
(8) Disciplinary action against the holder of a license or otherright to practice any profession regulated by sections 324.050 to 324.089granted by another state, territory, federal agency or country upon groundsfor which revocation or suspension is authorized in this state;
(9) A person is finally adjudged insane or incompetent by a court ofcompetent jurisdiction;
(10) Assisting or enabling any person to practice or offer topractice any profession licensed or regulated by sections 324.050 to324.089 who is not registered and currently eligible to practice pursuantto sections 324.050 to 324.089;
(11) Issuance of a certificate of registration or authority, permitor license based upon a material mistake of fact;
(12) Violation of any professional trust or confidence;
(13) Use of any advertisement or solicitation which is false,misleading or deceptive to the general public or persons to whom theadvertisement or solicitation is primarily directed;
(14) Unethical conduct as defined in the ethical standards foroccupational therapists and occupational therapy assistants adopted by theboard and filed with the secretary of state;
(15) Violation of the drug laws or rules and regulations of thisstate, any other state or federal government.
3. After the filing of such complaint, the proceedings shall beconducted in accordance with the provisions of chapter 621, RSMo. Upon afinding by the administrative hearing commission that the grounds providedin subsection 2 of this section for disciplinary action are met, the boardmay, singly or in combination, censure or place the person named in thecomplaint on probation with such terms and conditions as the board deemsappropriate for a period not to exceed five years, or may suspend, for aperiod not to exceed three years, or may revoke the license, certificate orpermit.
4. An individual whose license has been revoked shall wait at leastone year from the date of revocation to apply for relicensure. Relicensureshall be at the discretion of the board after compliance with allrequirements of sections 324.050 to 324.089 relative to the licensing ofthe applicant for the first time.
