Refusal to issue, suspension or revocation of license of business ortherapist, when--procedure--limitation of liability.
324.262. 1. The board may refuse to issue, renew or reinstate anylicense required by sections 324.240 to 324.275 for one or any combinationof causes stated in subsection 2 of this section. The board shall notifythe applicant in writing of the reasons for the refusal and shall advisethe applicant of his or her right to file a complaint with theadministrative hearing commission 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 license issued pursuant to sections 324.240 to 324.275 orany person who has failed to renew or has surrendered his or her licensefor any one or any combination of the following causes:
(1) 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 of the United States, for any offensereasonably related to the qualifications, functions or duties of theprofession regulated pursuant to sections 324.240 to 324.275, 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;
(2) Use of fraud, deception, misrepresentation or bribery in securingany license issued pursuant to sections 324.240 to 324.275 or in obtainingpermission to take any examination given or required pursuant to sections324.240 to 324.275;
(3) Obtaining or attempting to obtain any fee, charge, tuition orother compensation by fraud, deception or misrepresentation;
(4) Incompetency, misconduct, gross negligence, fraud,misrepresentation or dishonesty in the performance of the functions orduties of the profession regulated by sections 324.240 to 324.275;
(5) Violation of, or assisting or enabling any person to violate, anyprovision of sections 324.240 to 324.275, or of any lawful rule orregulation adopted pursuant to sections 324.240 to 324.275, includingproviding massage therapy under subdivision (7) of section 324.240 at amassage business as defined in subdivision (5) of section 324.240 that isnot licensed under this chapter;
(6) Impersonation of any person holding a license or allowing anyother person to use his or her certificate or diploma from any school;
(7) Disciplinary action against the holder of a license or otherright to practice the profession regulated by sections 324.240 to 324.275granted by another state, territory, federal agency or country upon groundsfor which revocation or suspension is authorized in this state;
(8) A person is finally adjudged insane or incompetent by a court ofcompetent jurisdiction;
(9) Issuance of a license based upon a material mistake of fact;
(10) 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.
3. Any person, organization, association or corporation who reportsor provides information to the division pursuant to the provisions ofsections 324.240 to 324.275 and who does so in good faith and withoutnegligence shall not be subject to an action for civil damages as a resultthereof.
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 one or more of the grounds for disciplinary actionprovided in subsection 2 of this section are met, the board may, singly orin combination, censure or place the person named in the complaint onprobation or suspension or revoke the license of the person on such termsand conditions as the division deems appropriate.
(L. 1998 H.B. 1601, et al., A.L. 1999 H.B. 343 merged with S.B. 362, A.L. 2006 S.B. 756)
Refusal to issue, suspension or revocation of license of business ortherapist, when--procedure--limitation of liability.
324.262. 1. The board may refuse to issue, renew or reinstate anylicense required by sections 324.240 to 324.275 for one or any combinationof causes stated in subsection 2 of this section. The board shall notifythe applicant in writing of the reasons for the refusal and shall advisethe applicant of his or her right to file a complaint with theadministrative hearing commission 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 license issued pursuant to sections 324.240 to 324.275 orany person who has failed to renew or has surrendered his or her licensefor any one or any combination of the following causes:
(1) 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 of the United States, for any offensereasonably related to the qualifications, functions or duties of theprofession regulated pursuant to sections 324.240 to 324.275, 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;
(2) Use of fraud, deception, misrepresentation or bribery in securingany license issued pursuant to sections 324.240 to 324.275 or in obtainingpermission to take any examination given or required pursuant to sections324.240 to 324.275;
(3) Obtaining or attempting to obtain any fee, charge, tuition orother compensation by fraud, deception or misrepresentation;
(4) Incompetency, misconduct, gross negligence, fraud,misrepresentation or dishonesty in the performance of the functions orduties of the profession regulated by sections 324.240 to 324.275;
(5) Violation of, or assisting or enabling any person to violate, anyprovision of sections 324.240 to 324.275, or of any lawful rule orregulation adopted pursuant to sections 324.240 to 324.275, includingproviding massage therapy under subdivision (7) of section 324.240 at amassage business as defined in subdivision (5) of section 324.240 that isnot licensed under this chapter;
(6) Impersonation of any person holding a license or allowing anyother person to use his or her certificate or diploma from any school;
(7) Disciplinary action against the holder of a license or otherright to practice the profession regulated by sections 324.240 to 324.275granted by another state, territory, federal agency or country upon groundsfor which revocation or suspension is authorized in this state;
(8) A person is finally adjudged insane or incompetent by a court ofcompetent jurisdiction;
(9) Issuance of a license based upon a material mistake of fact;
(10) 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.
3. Any person, organization, association or corporation who reportsor provides information to the division pursuant to the provisions ofsections 324.240 to 324.275 and who does so in good faith and withoutnegligence shall not be subject to an action for civil damages as a resultthereof.
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 one or more of the grounds for disciplinary actionprovided in subsection 2 of this section are met, the board may, singly orin combination, censure or place the person named in the complaint onprobation or suspension or revoke the license of the person on such termsand conditions as the division deems appropriate.
(L. 1998 H.B. 1601, et al., A.L. 1999 H.B. 343 merged with S.B. 362, A.L. 2006 S.B. 756)
Refusal to issue, suspension or revocation of license of business ortherapist, when--procedure--limitation of liability.
324.262. 1. The board may refuse to issue, renew or reinstate anylicense required by sections 324.240 to 324.275 for one or any combinationof causes stated in subsection 2 of this section. The board shall notifythe applicant in writing of the reasons for the refusal and shall advisethe applicant of his or her right to file a complaint with theadministrative hearing commission 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 license issued pursuant to sections 324.240 to 324.275 orany person who has failed to renew or has surrendered his or her licensefor any one or any combination of the following causes:
(1) 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 of the United States, for any offensereasonably related to the qualifications, functions or duties of theprofession regulated pursuant to sections 324.240 to 324.275, 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;
(2) Use of fraud, deception, misrepresentation or bribery in securingany license issued pursuant to sections 324.240 to 324.275 or in obtainingpermission to take any examination given or required pursuant to sections324.240 to 324.275;
(3) Obtaining or attempting to obtain any fee, charge, tuition orother compensation by fraud, deception or misrepresentation;
(4) Incompetency, misconduct, gross negligence, fraud,misrepresentation or dishonesty in the performance of the functions orduties of the profession regulated by sections 324.240 to 324.275;
(5) Violation of, or assisting or enabling any person to violate, anyprovision of sections 324.240 to 324.275, or of any lawful rule orregulation adopted pursuant to sections 324.240 to 324.275, includingproviding massage therapy under subdivision (7) of section 324.240 at amassage business as defined in subdivision (5) of section 324.240 that isnot licensed under this chapter;
(6) Impersonation of any person holding a license or allowing anyother person to use his or her certificate or diploma from any school;
(7) Disciplinary action against the holder of a license or otherright to practice the profession regulated by sections 324.240 to 324.275granted by another state, territory, federal agency or country upon groundsfor which revocation or suspension is authorized in this state;
(8) A person is finally adjudged insane or incompetent by a court ofcompetent jurisdiction;
(9) Issuance of a license based upon a material mistake of fact;
(10) 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.
3. Any person, organization, association or corporation who reportsor provides information to the division pursuant to the provisions ofsections 324.240 to 324.275 and who does so in good faith and withoutnegligence shall not be subject to an action for civil damages as a resultthereof.
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 one or more of the grounds for disciplinary actionprovided in subsection 2 of this section are met, the board may, singly orin combination, censure or place the person named in the complaint onprobation or suspension or revoke the license of the person on such termsand conditions as the division deems appropriate.
(L. 1998 H.B. 1601, et al., A.L. 1999 H.B. 343 merged with S.B. 362, A.L. 2006 S.B. 756)
