Denial, revocation, or suspension of certificate, grounds for.
330.160. 1. The board may refuse to issue any certificate ofregistration or authority, permit or license required pursuant to thischapter for one or any combination of causes stated in subsection 2 of thissection. The board shall notify the applicant in writing of the reasonsfor the refusal and shall advise the applicant of the applicant's right tofile a complaint with the administrative hearing commission as provided bychapter 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 this chapter or any person who has failed to renew orhas surrendered his or her certificate of registration or authority, permitor license required by this chapter or any person who has failed to renewor has surrendered his or her certificate of registration or authority,permit or license for any one or any combination of the following causes:
(1) Use of any controlled substance, as defined in chapter 195, RSMo,or alcoholic beverage to an extent that such use impairs a person's abilityto perform the work of any profession licensed or regulated by thischapter;
(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 pursuant to this chapter, for any offensean essential element of which is fraud, dishonesty or an act of violence,or for any offense involving moral turpitude, whether or not sentence isimposed;
(3) Use of fraud, deception, misrepresentation or bribery in securingany certificate of registration or authority, permit or license issuedpursuant to this chapter or in obtaining permission to take any examinationgiven or required pursuant to this chapter;
(4) Obtaining or attempting to obtain any fee, charge, tuition orother compensation by fraud, deception or misrepresentation;
(5) Incompetency, misconduct, repeated negligence, gross negligence,fraud, misrepresentation or dishonesty in the performance of the functionsor duties of any profession licensed or regulated by this chapter;
(6) Violation of, or assisting or enabling any person to violate, anyprovision of this chapter, or of any lawful rule or regulation adoptedpursuant to this chapter;
(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 this chapter granted byanother state, territory, federal agency or country upon grounds for whichrevocation 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 this chapter who is notregistered and currently eligible to practice pursuant to this chapter;
(11) Issuance of a certificate of registration or authority, permitor license based upon a material mistake of fact;
(12) Failure to display a valid certificate or license if so requiredby this chapter or any rule promulgated hereunder;
(13) Violation of any professional trust or confidence;
(14) 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. False, misleading ordeceptive advertisements or solicitations shall include, but not be limitedto:
(a) Promises of cure, relief from pain or other physical or mentalcondition, or improved physical or mental health;
(b) Any self-laudatory statement;
(c) Any misleading or deceptive statement offering or promising afree service. Nothing in this paragraph shall be construed to make itunlawful to offer a service for no charge if the offer is announced as partof a full disclosure of routine fees including consultation fees;
(d) Any misleading or deceptive claims of patient cure, relief orimproved condition; superiority in service, treatment or materials; new orimproved service, treatment or material; or reduced costs or greatersavings. Nothing in this paragraph shall be construed to make it unlawfulto use any such claim if it is readily verifiable by existingdocumentation, data or other substantial evidence. Any claim which exceedsor exaggerates the scope of its supporting documentation, data or evidenceis misleading or deceptive;
(15) Violation of the drug laws or rules and regulations of thisstate, any other state or the federal government;
(16) Failure or refusal to properly guard against contagious,infectious or communicable diseases or the spread thereof.
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, for disciplinary action are met, the board may, singly orin combination, censure or place the person named in the complaint onprobation on such terms and conditions as the board deems appropriate for aperiod not to exceed five years, or may suspend, for a period not to exceedthree years, or revoke the certificate of registration or authority,permit, or license.
4. In any order of revocation, the board may provide that the personmay not apply for reinstatement of the person's certificate of registrationor authority, permit, or license for a period of time ranging from two toseven years following the date of the order of revocation. All stay ordersshall toll this time period.
5. Before restoring to good standing a certificate of registration orauthority, permit, or license that has been revoked, suspended, or inactivefor any cause more than two years, the board may require the applicant toattend such continuing medical education courses and pass such examinationsas the board may direct.
Denial, revocation, or suspension of certificate, grounds for.
330.160. 1. The board may refuse to issue any certificate ofregistration or authority, permit or license required pursuant to thischapter for one or any combination of causes stated in subsection 2 of thissection. The board shall notify the applicant in writing of the reasonsfor the refusal and shall advise the applicant of the applicant's right tofile a complaint with the administrative hearing commission as provided bychapter 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 this chapter or any person who has failed to renew orhas surrendered his or her certificate of registration or authority, permitor license required by this chapter or any person who has failed to renewor has surrendered his or her certificate of registration or authority,permit or license for any one or any combination of the following causes:
(1) Use of any controlled substance, as defined in chapter 195, RSMo,or alcoholic beverage to an extent that such use impairs a person's abilityto perform the work of any profession licensed or regulated by thischapter;
(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 pursuant to this chapter, for any offensean essential element of which is fraud, dishonesty or an act of violence,or for any offense involving moral turpitude, whether or not sentence isimposed;
(3) Use of fraud, deception, misrepresentation or bribery in securingany certificate of registration or authority, permit or license issuedpursuant to this chapter or in obtaining permission to take any examinationgiven or required pursuant to this chapter;
(4) Obtaining or attempting to obtain any fee, charge, tuition orother compensation by fraud, deception or misrepresentation;
(5) Incompetency, misconduct, repeated negligence, gross negligence,fraud, misrepresentation or dishonesty in the performance of the functionsor duties of any profession licensed or regulated by this chapter;
(6) Violation of, or assisting or enabling any person to violate, anyprovision of this chapter, or of any lawful rule or regulation adoptedpursuant to this chapter;
(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 this chapter granted byanother state, territory, federal agency or country upon grounds for whichrevocation 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 this chapter who is notregistered and currently eligible to practice pursuant to this chapter;
(11) Issuance of a certificate of registration or authority, permitor license based upon a material mistake of fact;
(12) Failure to display a valid certificate or license if so requiredby this chapter or any rule promulgated hereunder;
(13) Violation of any professional trust or confidence;
(14) 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. False, misleading ordeceptive advertisements or solicitations shall include, but not be limitedto:
(a) Promises of cure, relief from pain or other physical or mentalcondition, or improved physical or mental health;
(b) Any self-laudatory statement;
(c) Any misleading or deceptive statement offering or promising afree service. Nothing in this paragraph shall be construed to make itunlawful to offer a service for no charge if the offer is announced as partof a full disclosure of routine fees including consultation fees;
(d) Any misleading or deceptive claims of patient cure, relief orimproved condition; superiority in service, treatment or materials; new orimproved service, treatment or material; or reduced costs or greatersavings. Nothing in this paragraph shall be construed to make it unlawfulto use any such claim if it is readily verifiable by existingdocumentation, data or other substantial evidence. Any claim which exceedsor exaggerates the scope of its supporting documentation, data or evidenceis misleading or deceptive;
(15) Violation of the drug laws or rules and regulations of thisstate, any other state or the federal government;
(16) Failure or refusal to properly guard against contagious,infectious or communicable diseases or the spread thereof.
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, for disciplinary action are met, the board may, singly orin combination, censure or place the person named in the complaint onprobation on such terms and conditions as the board deems appropriate for aperiod not to exceed five years, or may suspend, for a period not to exceedthree years, or revoke the certificate of registration or authority,permit, or license.
4. In any order of revocation, the board may provide that the personmay not apply for reinstatement of the person's certificate of registrationor authority, permit, or license for a period of time ranging from two toseven years following the date of the order of revocation. All stay ordersshall toll this time period.
5. Before restoring to good standing a certificate of registration orauthority, permit, or license that has been revoked, suspended, or inactivefor any cause more than two years, the board may require the applicant toattend such continuing medical education courses and pass such examinationsas the board may direct.
Denial, revocation, or suspension of certificate, grounds for.
330.160. 1. The board may refuse to issue any certificate ofregistration or authority, permit or license required pursuant to thischapter for one or any combination of causes stated in subsection 2 of thissection. The board shall notify the applicant in writing of the reasonsfor the refusal and shall advise the applicant of the applicant's right tofile a complaint with the administrative hearing commission as provided bychapter 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 this chapter or any person who has failed to renew orhas surrendered his or her certificate of registration or authority, permitor license required by this chapter or any person who has failed to renewor has surrendered his or her certificate of registration or authority,permit or license for any one or any combination of the following causes:
(1) Use of any controlled substance, as defined in chapter 195, RSMo,or alcoholic beverage to an extent that such use impairs a person's abilityto perform the work of any profession licensed or regulated by thischapter;
(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 pursuant to this chapter, for any offensean essential element of which is fraud, dishonesty or an act of violence,or for any offense involving moral turpitude, whether or not sentence isimposed;
(3) Use of fraud, deception, misrepresentation or bribery in securingany certificate of registration or authority, permit or license issuedpursuant to this chapter or in obtaining permission to take any examinationgiven or required pursuant to this chapter;
(4) Obtaining or attempting to obtain any fee, charge, tuition orother compensation by fraud, deception or misrepresentation;
(5) Incompetency, misconduct, repeated negligence, gross negligence,fraud, misrepresentation or dishonesty in the performance of the functionsor duties of any profession licensed or regulated by this chapter;
(6) Violation of, or assisting or enabling any person to violate, anyprovision of this chapter, or of any lawful rule or regulation adoptedpursuant to this chapter;
(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 this chapter granted byanother state, territory, federal agency or country upon grounds for whichrevocation 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 this chapter who is notregistered and currently eligible to practice pursuant to this chapter;
(11) Issuance of a certificate of registration or authority, permitor license based upon a material mistake of fact;
(12) Failure to display a valid certificate or license if so requiredby this chapter or any rule promulgated hereunder;
(13) Violation of any professional trust or confidence;
(14) 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. False, misleading ordeceptive advertisements or solicitations shall include, but not be limitedto:
(a) Promises of cure, relief from pain or other physical or mentalcondition, or improved physical or mental health;
(b) Any self-laudatory statement;
(c) Any misleading or deceptive statement offering or promising afree service. Nothing in this paragraph shall be construed to make itunlawful to offer a service for no charge if the offer is announced as partof a full disclosure of routine fees including consultation fees;
(d) Any misleading or deceptive claims of patient cure, relief orimproved condition; superiority in service, treatment or materials; new orimproved service, treatment or material; or reduced costs or greatersavings. Nothing in this paragraph shall be construed to make it unlawfulto use any such claim if it is readily verifiable by existingdocumentation, data or other substantial evidence. Any claim which exceedsor exaggerates the scope of its supporting documentation, data or evidenceis misleading or deceptive;
(15) Violation of the drug laws or rules and regulations of thisstate, any other state or the federal government;
(16) Failure or refusal to properly guard against contagious,infectious or communicable diseases or the spread thereof.
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, for disciplinary action are met, the board may, singly orin combination, censure or place the person named in the complaint onprobation on such terms and conditions as the board deems appropriate for aperiod not to exceed five years, or may suspend, for a period not to exceedthree years, or revoke the certificate of registration or authority,permit, or license.
4. In any order of revocation, the board may provide that the personmay not apply for reinstatement of the person's certificate of registrationor authority, permit, or license for a period of time ranging from two toseven years following the date of the order of revocation. All stay ordersshall toll this time period.
5. Before restoring to good standing a certificate of registration orauthority, permit, or license that has been revoked, suspended, or inactivefor any cause more than two years, the board may require the applicant toattend such continuing medical education courses and pass such examinationsas the board may direct.
