Denial, revocation or suspension of certificate, grounds for--timepenalties do not run if person being penalized does not keep boardfurnished with certain information.
331.060. 1. The board may refuse to issue any certificateof registration or authority, permit or license required pursuantto this chapter for one or any combination of causes stated insubsection 2 of this section. The board shall notify theapplicant in writing of the reasons for the refusal and shalladvise the applicant of his 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, against any holder of any certificate of registration orauthority, permit or license required by this chapter or anyperson who has failed to renew or has surrendered his certificateof registration or authority, permit or license for any one orany combination of the following causes:
(1) Use of any controlled substance, as defined in chapter195, RSMo, or alcoholic beverage to an extent* that such useimpairs a person's ability to perform the work of any professionlicensed or regulated by this chapter;
(2) The person has been finally adjudicated and foundguilty, or entered a plea of guilty or nolo contendere, in acriminal prosecution under the laws of any state or of the UnitedStates, for any offense reasonably related to the qualifications,functions or duties of any profession licensed or regulated underthis chapter, for any offense an essential element of which isfraud, dishonesty or an act of violence, or for any offenseinvolving moral turpitude, whether or not sentence is imposed;
(3) Use of fraud, deception, misrepresentation or bribery insecuring any certificate of registration or authority, permit orlicense issued pursuant to this chapter or in obtainingpermission to take any examination given or required pursuant tothis chapter;
(4) Obtaining or attempting to obtain any fee, charge,tuition or other compensation by fraud, deception ormisrepresentation;
(5) Incompetency, misconduct, gross negligence, fraud,misrepresentation or dishonesty in the performance of thefunctions or duties of any profession licensed or regulated bythis chapter;
(6) Violation of, or assisting or enabling any person toviolate, any provision of this chapter, or of any lawful rule orregulation adopted pursuant to this chapter;
(7) Impersonation of any person holding a certificate ofregistration or authority, permit or license or allowing anyperson to use his or her certificate of registration orauthority, permit, license or diploma from school;
(8) Disciplinary action against the holder of a license orother right to practice any profession regulated by this chaptergranted by another state, territory, federal agency or countryupon grounds for which revocation or suspension is authorized inthis state;
(9) A person is finally adjudged insane or incompetent by acourt of competent jurisdiction;
(10) Assisting or enabling any person to practice or offerto practice any profession licensed or regulated by this chapterwho is not registered and currently eligible to practice underthis chapter;
(11) Issuance of a certificate of registration or authority,permit or license based upon a material mistake of fact;
(12) Failure to display a valid certificate or license if sorequired by this chapter or any rule promulgated hereunder;
(13) Violation of any professional trust or confidence;
(14) Use of any advertisement or solicitation which isfalse, misleading or deceptive to the general public or personsto whom the advertisement or solicitation is primarily directed.False, misleading or deceptive advertisements or solicitationsshall include, but not be limited to:
(a) Promises of cure, relief from pain or other physical ormental condition, or improved physical or mental health;
(b) Any self-laudatory statement;
(c) Any misleading or deceptive statement offering orpromising a free service. Nothing herein shall be construed tomake it unlawful to offer a service for no charge if the offer isannounced as part of a full disclosure of routine fees includingconsultation fees;
(d) Any misleading or deceptive claims of patient cure,relief or improved condition; superiority in service, treatmentor materials; new or improved service, treatment or material, orreduced costs or greater savings. Nothing herein shall beconstrued to make it unlawful to use any such claim if it isreadily verifiable by existing documentation, data** or othersubstantial evidence. Any claim which exceeds or exaggerates thescope of its supporting documentation, data or evidence ismisleading or deceptive;
(e) Failure to use the term "chiropractor", "doctor ofchiropractic", "chiropractic physician", or "D.C." in anyadvertisement, solicitation, sign, letterhead, or any othermethod of addressing the public;
(f) Attempting to attract patronage in any manner whichcastigates, impugns, disparages, discredits or attacks otherhealing arts and sciences or other chiropractic physicians;
(15) Violation of the drug laws or rules and regulations ofthis state, any other state or the federal government;
(16) Failure or refusal to properly guard againstcontagious, infectious or communicable diseases or the spreadthereof;
(17) Fails to maintain a chiropractic office in a safe andsanitary condition;
(18) Engaging in unprofessional or improper conduct in thepractice of chiropractic;
(19) Administering or prescribing any drug or medicine orattempting to practice medicine, surgery, or osteopathy withinthe meaning of chapter 334, RSMo;
(20) Being unable to practice as a chiropractic physicianwith reasonable skill and safety to patients because of one ofthe following: professional incompetency; illness, drunkenness,or excessive use of drugs, narcotics, or chemicals; any mental orphysical condition. In enforcing this subdivision the boardshall, after a hearing before the board, upon a finding ofprobable cause, require the chiropractor for the purpose ofestablishing his competency to practice as a chiropracticphysician to submit to a reexamination, which shall be conductedin accordance with rules adopted for this purpose by the board,including rules to allow the examination of the chiropracticphysician's professional competence by at least threechiropractic physicians, or to submit to a mental or physicalexamination or combination thereof by at least three physicians.One examiner shall be selected by the chiropractic physiciancompelled to take the examination, one selected by the board, andone shall be selected by the two examiners so selected. Noticeof the physical or mental examination shall be given by personalservice or certified mail. Failure of the chiropractic physicianto submit to an examination when directed shall constitute anadmission of the allegations against him, unless the failure wasdue to circumstances beyond his control. A chiropracticphysician whose right to practice has been affected under thissubdivision shall, at reasonable intervals, be afforded anopportunity to demonstrate that he can resume competent practicewith reasonable skill and safety to patients.
(a) In any proceeding under this subdivision, neither therecord of proceedings nor the orders entered by the board shallbe used against a chiropractic physician in any other proceeding.Proceedings under this subdivision shall be conducted by theboard without the filing of a complaint with the administrativehearing commission;
(b) When the board finds any person unqualified because ofany of the grounds set forth in this subdivision, it may enter anorder imposing one or more of the following: denying hisapplication for a license; permanently withholding issuance of alicense; administering a public or private reprimand; suspendingor limiting or restricting his license to practice as achiropractic physician for a period of not more than five years;revoking his license to practice as a chiropractic physician;requiring him to submit to the care, counseling or treatment ofphysicians designated by the chiropractic physician compelled tobe treated. For the purpose of this subdivision, "license"includes the certificate of registration, or license, or both,issued by the board.
3. After the filing of such complaint, the proceedings shallbe conducted in accordance with the provisions of chapter 621,RSMo. Upon a finding by the administrative hearing commissionthat the grounds, provided in subsection 2 of this section, fordisciplinary action are met, the board may, singly or incombination:
(1) Censure or place the person named in the complaint onprobation on such terms and conditions as the board deemsappropriate for a period not to exceed five years; or
(2) May suspend the license, certificate or permit for aperiod not to exceed three years; or
(3) Revoke the license, certificate or permit.
4. If at any time after disciplinary sanctions have beenimposed under this section or under any provision of thischapter, the licensee removes himself from the state of Missouri,ceases to be currently licensed under the provisions of thischapter, or fails to keep the Missouri state board ofchiropractic examiners advised of his current place of businessand residence, the time of his absence, or unlicensed status, orunknown whereabouts shall not be deemed or taken as any part ofthe time of discipline so imposed.
*Word "extend" appears in original rolls, apparent typographical error.
**Word "date" appears in original rolls, apparent typographical error.
CROSS REFERENCE:
Administrative procedure and review, Chap 536, RSMo
(1963) State board of chiropractic examiners had statutory power to revoke license of chiropractic doctor, who had administered and prescribed ear drops, vitamins and placebo pills in his professional capacity to a patient for which he expected to make a charge for professional services. State ex rel. Gibson v. Missouri Board of Chiropractic Examiners (A.), 365 S.W.2d 773.
(1998) Subdivision (14) of subsection 2 does not require an intent to use false, misleading or deceptive advertising for discipline purposes. Seger v. Downey, 969 S.W.2d 298 (E.D.Mo.).
Denial, revocation or suspension of certificate, grounds for--timepenalties do not run if person being penalized does not keep boardfurnished with certain information.
331.060. 1. The board may refuse to issue any certificateof registration or authority, permit or license required pursuantto this chapter for one or any combination of causes stated insubsection 2 of this section. The board shall notify theapplicant in writing of the reasons for the refusal and shalladvise the applicant of his 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, against any holder of any certificate of registration orauthority, permit or license required by this chapter or anyperson who has failed to renew or has surrendered his certificateof registration or authority, permit or license for any one orany combination of the following causes:
(1) Use of any controlled substance, as defined in chapter195, RSMo, or alcoholic beverage to an extent* that such useimpairs a person's ability to perform the work of any professionlicensed or regulated by this chapter;
(2) The person has been finally adjudicated and foundguilty, or entered a plea of guilty or nolo contendere, in acriminal prosecution under the laws of any state or of the UnitedStates, for any offense reasonably related to the qualifications,functions or duties of any profession licensed or regulated underthis chapter, for any offense an essential element of which isfraud, dishonesty or an act of violence, or for any offenseinvolving moral turpitude, whether or not sentence is imposed;
(3) Use of fraud, deception, misrepresentation or bribery insecuring any certificate of registration or authority, permit orlicense issued pursuant to this chapter or in obtainingpermission to take any examination given or required pursuant tothis chapter;
(4) Obtaining or attempting to obtain any fee, charge,tuition or other compensation by fraud, deception ormisrepresentation;
(5) Incompetency, misconduct, gross negligence, fraud,misrepresentation or dishonesty in the performance of thefunctions or duties of any profession licensed or regulated bythis chapter;
(6) Violation of, or assisting or enabling any person toviolate, any provision of this chapter, or of any lawful rule orregulation adopted pursuant to this chapter;
(7) Impersonation of any person holding a certificate ofregistration or authority, permit or license or allowing anyperson to use his or her certificate of registration orauthority, permit, license or diploma from school;
(8) Disciplinary action against the holder of a license orother right to practice any profession regulated by this chaptergranted by another state, territory, federal agency or countryupon grounds for which revocation or suspension is authorized inthis state;
(9) A person is finally adjudged insane or incompetent by acourt of competent jurisdiction;
(10) Assisting or enabling any person to practice or offerto practice any profession licensed or regulated by this chapterwho is not registered and currently eligible to practice underthis chapter;
(11) Issuance of a certificate of registration or authority,permit or license based upon a material mistake of fact;
(12) Failure to display a valid certificate or license if sorequired by this chapter or any rule promulgated hereunder;
(13) Violation of any professional trust or confidence;
(14) Use of any advertisement or solicitation which isfalse, misleading or deceptive to the general public or personsto whom the advertisement or solicitation is primarily directed.False, misleading or deceptive advertisements or solicitationsshall include, but not be limited to:
(a) Promises of cure, relief from pain or other physical ormental condition, or improved physical or mental health;
(b) Any self-laudatory statement;
(c) Any misleading or deceptive statement offering orpromising a free service. Nothing herein shall be construed tomake it unlawful to offer a service for no charge if the offer isannounced as part of a full disclosure of routine fees includingconsultation fees;
(d) Any misleading or deceptive claims of patient cure,relief or improved condition; superiority in service, treatmentor materials; new or improved service, treatment or material, orreduced costs or greater savings. Nothing herein shall beconstrued to make it unlawful to use any such claim if it isreadily verifiable by existing documentation, data** or othersubstantial evidence. Any claim which exceeds or exaggerates thescope of its supporting documentation, data or evidence ismisleading or deceptive;
(e) Failure to use the term "chiropractor", "doctor ofchiropractic", "chiropractic physician", or "D.C." in anyadvertisement, solicitation, sign, letterhead, or any othermethod of addressing the public;
(f) Attempting to attract patronage in any manner whichcastigates, impugns, disparages, discredits or attacks otherhealing arts and sciences or other chiropractic physicians;
(15) Violation of the drug laws or rules and regulations ofthis state, any other state or the federal government;
(16) Failure or refusal to properly guard againstcontagious, infectious or communicable diseases or the spreadthereof;
(17) Fails to maintain a chiropractic office in a safe andsanitary condition;
(18) Engaging in unprofessional or improper conduct in thepractice of chiropractic;
(19) Administering or prescribing any drug or medicine orattempting to practice medicine, surgery, or osteopathy withinthe meaning of chapter 334, RSMo;
(20) Being unable to practice as a chiropractic physicianwith reasonable skill and safety to patients because of one ofthe following: professional incompetency; illness, drunkenness,or excessive use of drugs, narcotics, or chemicals; any mental orphysical condition. In enforcing this subdivision the boardshall, after a hearing before the board, upon a finding ofprobable cause, require the chiropractor for the purpose ofestablishing his competency to practice as a chiropracticphysician to submit to a reexamination, which shall be conductedin accordance with rules adopted for this purpose by the board,including rules to allow the examination of the chiropracticphysician's professional competence by at least threechiropractic physicians, or to submit to a mental or physicalexamination or combination thereof by at least three physicians.One examiner shall be selected by the chiropractic physiciancompelled to take the examination, one selected by the board, andone shall be selected by the two examiners so selected. Noticeof the physical or mental examination shall be given by personalservice or certified mail. Failure of the chiropractic physicianto submit to an examination when directed shall constitute anadmission of the allegations against him, unless the failure wasdue to circumstances beyond his control. A chiropracticphysician whose right to practice has been affected under thissubdivision shall, at reasonable intervals, be afforded anopportunity to demonstrate that he can resume competent practicewith reasonable skill and safety to patients.
(a) In any proceeding under this subdivision, neither therecord of proceedings nor the orders entered by the board shallbe used against a chiropractic physician in any other proceeding.Proceedings under this subdivision shall be conducted by theboard without the filing of a complaint with the administrativehearing commission;
(b) When the board finds any person unqualified because ofany of the grounds set forth in this subdivision, it may enter anorder imposing one or more of the following: denying hisapplication for a license; permanently withholding issuance of alicense; administering a public or private reprimand; suspendingor limiting or restricting his license to practice as achiropractic physician for a period of not more than five years;revoking his license to practice as a chiropractic physician;requiring him to submit to the care, counseling or treatment ofphysicians designated by the chiropractic physician compelled tobe treated. For the purpose of this subdivision, "license"includes the certificate of registration, or license, or both,issued by the board.
3. After the filing of such complaint, the proceedings shallbe conducted in accordance with the provisions of chapter 621,RSMo. Upon a finding by the administrative hearing commissionthat the grounds, provided in subsection 2 of this section, fordisciplinary action are met, the board may, singly or incombination:
(1) Censure or place the person named in the complaint onprobation on such terms and conditions as the board deemsappropriate for a period not to exceed five years; or
(2) May suspend the license, certificate or permit for aperiod not to exceed three years; or
(3) Revoke the license, certificate or permit.
4. If at any time after disciplinary sanctions have beenimposed under this section or under any provision of thischapter, the licensee removes himself from the state of Missouri,ceases to be currently licensed under the provisions of thischapter, or fails to keep the Missouri state board ofchiropractic examiners advised of his current place of businessand residence, the time of his absence, or unlicensed status, orunknown whereabouts shall not be deemed or taken as any part ofthe time of discipline so imposed.
*Word "extend" appears in original rolls, apparent typographical error.
**Word "date" appears in original rolls, apparent typographical error.
CROSS REFERENCE:
Administrative procedure and review, Chap 536, RSMo
(1963) State board of chiropractic examiners had statutory power to revoke license of chiropractic doctor, who had administered and prescribed ear drops, vitamins and placebo pills in his professional capacity to a patient for which he expected to make a charge for professional services. State ex rel. Gibson v. Missouri Board of Chiropractic Examiners (A.), 365 S.W.2d 773.
(1998) Subdivision (14) of subsection 2 does not require an intent to use false, misleading or deceptive advertising for discipline purposes. Seger v. Downey, 969 S.W.2d 298 (E.D.Mo.).
Denial, revocation or suspension of certificate, grounds for--timepenalties do not run if person being penalized does not keep boardfurnished with certain information.
331.060. 1. The board may refuse to issue any certificateof registration or authority, permit or license required pursuantto this chapter for one or any combination of causes stated insubsection 2 of this section. The board shall notify theapplicant in writing of the reasons for the refusal and shalladvise the applicant of his 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, against any holder of any certificate of registration orauthority, permit or license required by this chapter or anyperson who has failed to renew or has surrendered his certificateof registration or authority, permit or license for any one orany combination of the following causes:
(1) Use of any controlled substance, as defined in chapter195, RSMo, or alcoholic beverage to an extent* that such useimpairs a person's ability to perform the work of any professionlicensed or regulated by this chapter;
(2) The person has been finally adjudicated and foundguilty, or entered a plea of guilty or nolo contendere, in acriminal prosecution under the laws of any state or of the UnitedStates, for any offense reasonably related to the qualifications,functions or duties of any profession licensed or regulated underthis chapter, for any offense an essential element of which isfraud, dishonesty or an act of violence, or for any offenseinvolving moral turpitude, whether or not sentence is imposed;
(3) Use of fraud, deception, misrepresentation or bribery insecuring any certificate of registration or authority, permit orlicense issued pursuant to this chapter or in obtainingpermission to take any examination given or required pursuant tothis chapter;
(4) Obtaining or attempting to obtain any fee, charge,tuition or other compensation by fraud, deception ormisrepresentation;
(5) Incompetency, misconduct, gross negligence, fraud,misrepresentation or dishonesty in the performance of thefunctions or duties of any profession licensed or regulated bythis chapter;
(6) Violation of, or assisting or enabling any person toviolate, any provision of this chapter, or of any lawful rule orregulation adopted pursuant to this chapter;
(7) Impersonation of any person holding a certificate ofregistration or authority, permit or license or allowing anyperson to use his or her certificate of registration orauthority, permit, license or diploma from school;
(8) Disciplinary action against the holder of a license orother right to practice any profession regulated by this chaptergranted by another state, territory, federal agency or countryupon grounds for which revocation or suspension is authorized inthis state;
(9) A person is finally adjudged insane or incompetent by acourt of competent jurisdiction;
(10) Assisting or enabling any person to practice or offerto practice any profession licensed or regulated by this chapterwho is not registered and currently eligible to practice underthis chapter;
(11) Issuance of a certificate of registration or authority,permit or license based upon a material mistake of fact;
(12) Failure to display a valid certificate or license if sorequired by this chapter or any rule promulgated hereunder;
(13) Violation of any professional trust or confidence;
(14) Use of any advertisement or solicitation which isfalse, misleading or deceptive to the general public or personsto whom the advertisement or solicitation is primarily directed.False, misleading or deceptive advertisements or solicitationsshall include, but not be limited to:
(a) Promises of cure, relief from pain or other physical ormental condition, or improved physical or mental health;
(b) Any self-laudatory statement;
(c) Any misleading or deceptive statement offering orpromising a free service. Nothing herein shall be construed tomake it unlawful to offer a service for no charge if the offer isannounced as part of a full disclosure of routine fees includingconsultation fees;
(d) Any misleading or deceptive claims of patient cure,relief or improved condition; superiority in service, treatmentor materials; new or improved service, treatment or material, orreduced costs or greater savings. Nothing herein shall beconstrued to make it unlawful to use any such claim if it isreadily verifiable by existing documentation, data** or othersubstantial evidence. Any claim which exceeds or exaggerates thescope of its supporting documentation, data or evidence ismisleading or deceptive;
(e) Failure to use the term "chiropractor", "doctor ofchiropractic", "chiropractic physician", or "D.C." in anyadvertisement, solicitation, sign, letterhead, or any othermethod of addressing the public;
(f) Attempting to attract patronage in any manner whichcastigates, impugns, disparages, discredits or attacks otherhealing arts and sciences or other chiropractic physicians;
(15) Violation of the drug laws or rules and regulations ofthis state, any other state or the federal government;
(16) Failure or refusal to properly guard againstcontagious, infectious or communicable diseases or the spreadthereof;
(17) Fails to maintain a chiropractic office in a safe andsanitary condition;
(18) Engaging in unprofessional or improper conduct in thepractice of chiropractic;
(19) Administering or prescribing any drug or medicine orattempting to practice medicine, surgery, or osteopathy withinthe meaning of chapter 334, RSMo;
(20) Being unable to practice as a chiropractic physicianwith reasonable skill and safety to patients because of one ofthe following: professional incompetency; illness, drunkenness,or excessive use of drugs, narcotics, or chemicals; any mental orphysical condition. In enforcing this subdivision the boardshall, after a hearing before the board, upon a finding ofprobable cause, require the chiropractor for the purpose ofestablishing his competency to practice as a chiropracticphysician to submit to a reexamination, which shall be conductedin accordance with rules adopted for this purpose by the board,including rules to allow the examination of the chiropracticphysician's professional competence by at least threechiropractic physicians, or to submit to a mental or physicalexamination or combination thereof by at least three physicians.One examiner shall be selected by the chiropractic physiciancompelled to take the examination, one selected by the board, andone shall be selected by the two examiners so selected. Noticeof the physical or mental examination shall be given by personalservice or certified mail. Failure of the chiropractic physicianto submit to an examination when directed shall constitute anadmission of the allegations against him, unless the failure wasdue to circumstances beyond his control. A chiropracticphysician whose right to practice has been affected under thissubdivision shall, at reasonable intervals, be afforded anopportunity to demonstrate that he can resume competent practicewith reasonable skill and safety to patients.
(a) In any proceeding under this subdivision, neither therecord of proceedings nor the orders entered by the board shallbe used against a chiropractic physician in any other proceeding.Proceedings under this subdivision shall be conducted by theboard without the filing of a complaint with the administrativehearing commission;
(b) When the board finds any person unqualified because ofany of the grounds set forth in this subdivision, it may enter anorder imposing one or more of the following: denying hisapplication for a license; permanently withholding issuance of alicense; administering a public or private reprimand; suspendingor limiting or restricting his license to practice as achiropractic physician for a period of not more than five years;revoking his license to practice as a chiropractic physician;requiring him to submit to the care, counseling or treatment ofphysicians designated by the chiropractic physician compelled tobe treated. For the purpose of this subdivision, "license"includes the certificate of registration, or license, or both,issued by the board.
3. After the filing of such complaint, the proceedings shallbe conducted in accordance with the provisions of chapter 621,RSMo. Upon a finding by the administrative hearing commissionthat the grounds, provided in subsection 2 of this section, fordisciplinary action are met, the board may, singly or incombination:
(1) Censure or place the person named in the complaint onprobation on such terms and conditions as the board deemsappropriate for a period not to exceed five years; or
(2) May suspend the license, certificate or permit for aperiod not to exceed three years; or
(3) Revoke the license, certificate or permit.
4. If at any time after disciplinary sanctions have beenimposed under this section or under any provision of thischapter, the licensee removes himself from the state of Missouri,ceases to be currently licensed under the provisions of thischapter, or fails to keep the Missouri state board ofchiropractic examiners advised of his current place of businessand residence, the time of his absence, or unlicensed status, orunknown whereabouts shall not be deemed or taken as any part ofthe time of discipline so imposed.
*Word "extend" appears in original rolls, apparent typographical error.
**Word "date" appears in original rolls, apparent typographical error.
CROSS REFERENCE:
Administrative procedure and review, Chap 536, RSMo
(1963) State board of chiropractic examiners had statutory power to revoke license of chiropractic doctor, who had administered and prescribed ear drops, vitamins and placebo pills in his professional capacity to a patient for which he expected to make a charge for professional services. State ex rel. Gibson v. Missouri Board of Chiropractic Examiners (A.), 365 S.W.2d 773.
(1998) Subdivision (14) of subsection 2 does not require an intent to use false, misleading or deceptive advertising for discipline purposes. Seger v. Downey, 969 S.W.2d 298 (E.D.Mo.).
