Refusal to issue or renew license, when--complaint filed againstlicensee, when--hearing procedures--maintenance of complaintsfiled--recommendation for prosecution.
324.217. 1. The committee may refuse to issue any license or renewany license required by the provisions of sections 324.200 to 324.225 forone or any combination of reasons stated in subsection 2 of this section.The committee shall notify the applicant in writing of the reasons for therefusal and shall advise the applicant of the right to file a complaintwith the administrative hearing commission as provided in chapter 621,RSMo.
2. The committee may cause a complaint to be filed with theadministrative hearing commission as provided in chapter 621, RSMo, againstthe holder of any license required by sections 324.200 to 324.225 or anyperson who has failed to renew or has surrendered the person's license forany one or any combination of the following causes:
(1) Use of fraud, deception, misrepresentation or bribery in securinga license issued pursuant to the provisions of sections 324.200 to 324.225or in obtaining permission to take the examination required pursuant tosections 324.200 to 324.225;
(2) Impersonation of any person holding a license or allowing anyperson to use his or her license or diploma from any school;
(3) Disciplinary action against the holder of a license or otherright to practice medical nutrition therapy by another state, territory,federal agency or country upon grounds for which revocation or suspensionis authorized in this state;
(4) Issuance of a license based upon a material mistake of fact;
(5) The person has been finally adjudicated and found guilty, orentered a plea of guilty or nolo contendere, in a criminal prosecutionpursuant to the laws of any state or the United States, for any offensereasonably related to the qualifications, functions, or duties of theprofessional who is regulated pursuant to sections 324.200 to 324.225, forany offense an essential element of which is fraud, dishonesty or act ofviolence, or for any offense involving moral turpitude, regardless ofwhether or not sentence is imposed;
(6) Incompetence, misconduct, gross negligence, fraud,misrepresentation or dishonesty in the performance of the functions orduties of the profession that is regulated by sections 324.200 to 324.225;
(7) Violation of, or assisting or enabling any person to violate, anyprovision of sections 324.200 to 324.225, or any lawful rule or regulationadopted pursuant to such sections;
(8) A person is finally adjudged insane or incompetent by a court ofcompetent jurisdiction;
(9) Use of any advertisement or solicitation that is false,misleading or deceptive to the general public or persons to whom theadvertisement or solicitation is primarily directed;
(10) Obtaining or attempting to obtain any fee, charge, tuition orother compensation by fraud, deception or misrepresentation;
(11) 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 any profession thatis licensed or regulated by sections 324.200 to 324.225;
(12) Violation of the drug laws or rules and regulations of thisstate, any other state or the federal government; or
(13) Violation of any professional trust or confidence.
3. Any person, organization, association or corporation who reportsor provides information to the committee pursuant to the provisions ofsections 324.200 to 324.225 and who does so in good faith shall not besubject to an action for civil damages as a result thereof.
4. After the filing of a complaint pursuant to subsection 2 of thissection, the proceedings shall be conducted in accordance with theprovisions of chapter 621, RSMo. Upon a finding by the administrativehearing commission that the grounds, provided in subsection 2 of thissection, for disciplinary action are met, the committee may, singly or incombination, censure or place the person named in the complaint onprobation on such terms and conditions as the committee deems appropriatefor a period not to exceed five years, or may suspend, for a period not toexceed three years, or revoke the license of the person. An individualwhose license has been revoked shall wait one year from the date ofrevocation to apply for relicensure. Relicensure shall be at thediscretion of the committee after compliance with all requirements ofsections 324.200 to 324.225 relative to the licensing of an applicant forthe first time.
5. The committee shall maintain an information file containing eachcomplaint filed with the committee relating to a holder of a license.
6. The committee shall recommend for prosecution violations ofsections 324.200 to 324.225 to an appropriate prosecuting or circuitattorney.
(L. 1998 H.B. 1601, et al. merged with S.B. 650, A.L. 1999 H.B. 343, A.L. 2001 H.B. 567 merged with S.B. 384)
Refusal to issue or renew license, when--complaint filed againstlicensee, when--hearing procedures--maintenance of complaintsfiled--recommendation for prosecution.
324.217. 1. The committee may refuse to issue any license or renewany license required by the provisions of sections 324.200 to 324.225 forone or any combination of reasons stated in subsection 2 of this section.The committee shall notify the applicant in writing of the reasons for therefusal and shall advise the applicant of the right to file a complaintwith the administrative hearing commission as provided in chapter 621,RSMo.
2. The committee may cause a complaint to be filed with theadministrative hearing commission as provided in chapter 621, RSMo, againstthe holder of any license required by sections 324.200 to 324.225 or anyperson who has failed to renew or has surrendered the person's license forany one or any combination of the following causes:
(1) Use of fraud, deception, misrepresentation or bribery in securinga license issued pursuant to the provisions of sections 324.200 to 324.225or in obtaining permission to take the examination required pursuant tosections 324.200 to 324.225;
(2) Impersonation of any person holding a license or allowing anyperson to use his or her license or diploma from any school;
(3) Disciplinary action against the holder of a license or otherright to practice medical nutrition therapy by another state, territory,federal agency or country upon grounds for which revocation or suspensionis authorized in this state;
(4) Issuance of a license based upon a material mistake of fact;
(5) The person has been finally adjudicated and found guilty, orentered a plea of guilty or nolo contendere, in a criminal prosecutionpursuant to the laws of any state or the United States, for any offensereasonably related to the qualifications, functions, or duties of theprofessional who is regulated pursuant to sections 324.200 to 324.225, forany offense an essential element of which is fraud, dishonesty or act ofviolence, or for any offense involving moral turpitude, regardless ofwhether or not sentence is imposed;
(6) Incompetence, misconduct, gross negligence, fraud,misrepresentation or dishonesty in the performance of the functions orduties of the profession that is regulated by sections 324.200 to 324.225;
(7) Violation of, or assisting or enabling any person to violate, anyprovision of sections 324.200 to 324.225, or any lawful rule or regulationadopted pursuant to such sections;
(8) A person is finally adjudged insane or incompetent by a court ofcompetent jurisdiction;
(9) Use of any advertisement or solicitation that is false,misleading or deceptive to the general public or persons to whom theadvertisement or solicitation is primarily directed;
(10) Obtaining or attempting to obtain any fee, charge, tuition orother compensation by fraud, deception or misrepresentation;
(11) 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 any profession thatis licensed or regulated by sections 324.200 to 324.225;
(12) Violation of the drug laws or rules and regulations of thisstate, any other state or the federal government; or
(13) Violation of any professional trust or confidence.
3. Any person, organization, association or corporation who reportsor provides information to the committee pursuant to the provisions ofsections 324.200 to 324.225 and who does so in good faith shall not besubject to an action for civil damages as a result thereof.
4. After the filing of a complaint pursuant to subsection 2 of thissection, the proceedings shall be conducted in accordance with theprovisions of chapter 621, RSMo. Upon a finding by the administrativehearing commission that the grounds, provided in subsection 2 of thissection, for disciplinary action are met, the committee may, singly or incombination, censure or place the person named in the complaint onprobation on such terms and conditions as the committee deems appropriatefor a period not to exceed five years, or may suspend, for a period not toexceed three years, or revoke the license of the person. An individualwhose license has been revoked shall wait one year from the date ofrevocation to apply for relicensure. Relicensure shall be at thediscretion of the committee after compliance with all requirements ofsections 324.200 to 324.225 relative to the licensing of an applicant forthe first time.
5. The committee shall maintain an information file containing eachcomplaint filed with the committee relating to a holder of a license.
6. The committee shall recommend for prosecution violations ofsections 324.200 to 324.225 to an appropriate prosecuting or circuitattorney.
(L. 1998 H.B. 1601, et al. merged with S.B. 650, A.L. 1999 H.B. 343, A.L. 2001 H.B. 567 merged with S.B. 384)
Refusal to issue or renew license, when--complaint filed againstlicensee, when--hearing procedures--maintenance of complaintsfiled--recommendation for prosecution.
324.217. 1. The committee may refuse to issue any license or renewany license required by the provisions of sections 324.200 to 324.225 forone or any combination of reasons stated in subsection 2 of this section.The committee shall notify the applicant in writing of the reasons for therefusal and shall advise the applicant of the right to file a complaintwith the administrative hearing commission as provided in chapter 621,RSMo.
2. The committee may cause a complaint to be filed with theadministrative hearing commission as provided in chapter 621, RSMo, againstthe holder of any license required by sections 324.200 to 324.225 or anyperson who has failed to renew or has surrendered the person's license forany one or any combination of the following causes:
(1) Use of fraud, deception, misrepresentation or bribery in securinga license issued pursuant to the provisions of sections 324.200 to 324.225or in obtaining permission to take the examination required pursuant tosections 324.200 to 324.225;
(2) Impersonation of any person holding a license or allowing anyperson to use his or her license or diploma from any school;
(3) Disciplinary action against the holder of a license or otherright to practice medical nutrition therapy by another state, territory,federal agency or country upon grounds for which revocation or suspensionis authorized in this state;
(4) Issuance of a license based upon a material mistake of fact;
(5) The person has been finally adjudicated and found guilty, orentered a plea of guilty or nolo contendere, in a criminal prosecutionpursuant to the laws of any state or the United States, for any offensereasonably related to the qualifications, functions, or duties of theprofessional who is regulated pursuant to sections 324.200 to 324.225, forany offense an essential element of which is fraud, dishonesty or act ofviolence, or for any offense involving moral turpitude, regardless ofwhether or not sentence is imposed;
(6) Incompetence, misconduct, gross negligence, fraud,misrepresentation or dishonesty in the performance of the functions orduties of the profession that is regulated by sections 324.200 to 324.225;
(7) Violation of, or assisting or enabling any person to violate, anyprovision of sections 324.200 to 324.225, or any lawful rule or regulationadopted pursuant to such sections;
(8) A person is finally adjudged insane or incompetent by a court ofcompetent jurisdiction;
(9) Use of any advertisement or solicitation that is false,misleading or deceptive to the general public or persons to whom theadvertisement or solicitation is primarily directed;
(10) Obtaining or attempting to obtain any fee, charge, tuition orother compensation by fraud, deception or misrepresentation;
(11) 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 any profession thatis licensed or regulated by sections 324.200 to 324.225;
(12) Violation of the drug laws or rules and regulations of thisstate, any other state or the federal government; or
(13) Violation of any professional trust or confidence.
3. Any person, organization, association or corporation who reportsor provides information to the committee pursuant to the provisions ofsections 324.200 to 324.225 and who does so in good faith shall not besubject to an action for civil damages as a result thereof.
4. After the filing of a complaint pursuant to subsection 2 of thissection, the proceedings shall be conducted in accordance with theprovisions of chapter 621, RSMo. Upon a finding by the administrativehearing commission that the grounds, provided in subsection 2 of thissection, for disciplinary action are met, the committee may, singly or incombination, censure or place the person named in the complaint onprobation on such terms and conditions as the committee deems appropriatefor a period not to exceed five years, or may suspend, for a period not toexceed three years, or revoke the license of the person. An individualwhose license has been revoked shall wait one year from the date ofrevocation to apply for relicensure. Relicensure shall be at thediscretion of the committee after compliance with all requirements ofsections 324.200 to 324.225 relative to the licensing of an applicant forthe first time.
5. The committee shall maintain an information file containing eachcomplaint filed with the committee relating to a holder of a license.
6. The committee shall recommend for prosecution violations ofsections 324.200 to 324.225 to an appropriate prosecuting or circuitattorney.
(L. 1998 H.B. 1601, et al. merged with S.B. 650, A.L. 1999 H.B. 343, A.L. 2001 H.B. 567 merged with S.B. 384)
