Denial, revocation, or suspension of license, grounds for.
336.110. 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 any 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;
(15) Violation of the drug laws or rules and regulation ofthis state, any other state or the federal government;
(16) Failure or refusal to properly guard againstcontagious, infectious or communicable diseases or the spreadthereof.
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, for disciplinaryaction are met, the board may, singly or in combination, censureor place the person named in the complaint on probation on suchterms and conditions as the board deems appropriate for a periodnot to exceed five years, or may suspend, for a period not toexceed three years, or revoke the license, certificate, orpermit.
(RSMo 1939 § 10121, A.L. 1947 V. I p. 414, A.L. 1978 H.B. 1634, A.L. 1981 S.B. 16)
Denial, revocation, or suspension of license, grounds for.
336.110. 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 any 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;
(15) Violation of the drug laws or rules and regulation ofthis state, any other state or the federal government;
(16) Failure or refusal to properly guard againstcontagious, infectious or communicable diseases or the spreadthereof.
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, for disciplinaryaction are met, the board may, singly or in combination, censureor place the person named in the complaint on probation on suchterms and conditions as the board deems appropriate for a periodnot to exceed five years, or may suspend, for a period not toexceed three years, or revoke the license, certificate, orpermit.
(RSMo 1939 § 10121, A.L. 1947 V. I p. 414, A.L. 1978 H.B. 1634, A.L. 1981 S.B. 16)
Denial, revocation, or suspension of license, grounds for.
336.110. 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 any 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;
(15) Violation of the drug laws or rules and regulation ofthis state, any other state or the federal government;
(16) Failure or refusal to properly guard againstcontagious, infectious or communicable diseases or the spreadthereof.
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, for disciplinaryaction are met, the board may, singly or in combination, censureor place the person named in the complaint on probation on suchterms and conditions as the board deems appropriate for a periodnot to exceed five years, or may suspend, for a period not toexceed three years, or revoke the license, certificate, orpermit.
(RSMo 1939 § 10121, A.L. 1947 V. I p. 414, A.L. 1978 H.B. 1634, A.L. 1981 S.B. 16)
