Grounds for refusal, revocation or suspension of license--civilimmunity, when--procedure upon filing complaint.
337.525. 1. The committee may refuse to issue or renew anylicense required by the provisions of sections 337.500 to337.540 for one or any combination of causes stated insubsection 2 of this section. The committee 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 committee may cause a complaint to be filed with theadministrative hearing commission as provided by chapter 621,RSMo, against any holder of any license required by sections337.500 to 337.540 or any person who has failed to renew or hassurrendered his license for any one or any combination of thefollowing 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 engage in the occupation ofprofessional counselor;
(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 theUnited States, for any offense reasonably related to thequalifications, functions or duties of a professional counselor;for any offense an essential element of which is fraud,dishonesty or an act of violence; or for any offense involvingmoral turpitude, whether or not sentence is imposed;
(3) Use of fraud, deception, misrepresentation or briberyin securing any license issued pursuant to the provisions ofsections 337.500 to 337.540 or in obtaining permission to takeany examination given or required pursuant to the provisions ofsections 337.500 to 337.540;
(4) Obtaining or attempting to obtain any fee, charge,tuition or other compensation by fraud, deception ormisrepresentation;
(5) Incompetency, misconduct, fraud, misrepresentation ordishonesty in the performance of the functions or duties of aprofessional counselor;
(6) Violation of, or assisting or enabling any person toviolate, any provision of sections 337.500 to 337.540, or of anylawful rule or regulation adopted pursuant to sections 337.500to 337.540;
(7) Impersonation of any person holding a license orallowing any person to use his or her license or diploma fromany school;
(8) Revocation or suspension of a license or other right topractice counseling granted by another state, territory, federalagency or country upon grounds for which revocation orsuspension is authorized in this state;
(9) A person is finally adjudged incapacitated by a courtof competent jurisdiction;
(10) Assisting or enabling any person to practice or offerto practice professional counseling who is not licensed andcurrently eligible to practice under the provisions of sections337.500 to 337.540;
(11) Issuance of a license based upon a material mistake offact;
(12) Failure to display a valid license if so required bysections 337.500 to 337.540 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;
(15) Being guilty of unethical conduct as defined in theethical standards for counselors adopted by the division andfiled with the secretary of state.
3. Any person, organization, association or corporation whoreports or provides information to the committee pursuant to theprovisions of this chapter and who does so in good faith shallnot be subject to an action for civil damages as a resultthereof.
4. After the filing of such complaint, the proceedingsshall be conducted in accordance with the provisions of chapter621, RSMo. Upon a finding by the administrative hearingcommission that the grounds, provided in subsection 2 of thissection, for disciplinary action are met, the committee maycensure or place the person named in the complaint on probationon such terms and conditions as the committee deems appropriatefor a period not to exceed five years, or may suspend, for aperiod not to exceed three years, or revoke the license.
Grounds for refusal, revocation or suspension of license--civilimmunity, when--procedure upon filing complaint.
337.525. 1. The committee may refuse to issue or renew anylicense required by the provisions of sections 337.500 to337.540 for one or any combination of causes stated insubsection 2 of this section. The committee 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 committee may cause a complaint to be filed with theadministrative hearing commission as provided by chapter 621,RSMo, against any holder of any license required by sections337.500 to 337.540 or any person who has failed to renew or hassurrendered his license for any one or any combination of thefollowing 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 engage in the occupation ofprofessional counselor;
(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 theUnited States, for any offense reasonably related to thequalifications, functions or duties of a professional counselor;for any offense an essential element of which is fraud,dishonesty or an act of violence; or for any offense involvingmoral turpitude, whether or not sentence is imposed;
(3) Use of fraud, deception, misrepresentation or briberyin securing any license issued pursuant to the provisions ofsections 337.500 to 337.540 or in obtaining permission to takeany examination given or required pursuant to the provisions ofsections 337.500 to 337.540;
(4) Obtaining or attempting to obtain any fee, charge,tuition or other compensation by fraud, deception ormisrepresentation;
(5) Incompetency, misconduct, fraud, misrepresentation ordishonesty in the performance of the functions or duties of aprofessional counselor;
(6) Violation of, or assisting or enabling any person toviolate, any provision of sections 337.500 to 337.540, or of anylawful rule or regulation adopted pursuant to sections 337.500to 337.540;
(7) Impersonation of any person holding a license orallowing any person to use his or her license or diploma fromany school;
(8) Revocation or suspension of a license or other right topractice counseling granted by another state, territory, federalagency or country upon grounds for which revocation orsuspension is authorized in this state;
(9) A person is finally adjudged incapacitated by a courtof competent jurisdiction;
(10) Assisting or enabling any person to practice or offerto practice professional counseling who is not licensed andcurrently eligible to practice under the provisions of sections337.500 to 337.540;
(11) Issuance of a license based upon a material mistake offact;
(12) Failure to display a valid license if so required bysections 337.500 to 337.540 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;
(15) Being guilty of unethical conduct as defined in theethical standards for counselors adopted by the division andfiled with the secretary of state.
3. Any person, organization, association or corporation whoreports or provides information to the committee pursuant to theprovisions of this chapter and who does so in good faith shallnot be subject to an action for civil damages as a resultthereof.
4. After the filing of such complaint, the proceedingsshall be conducted in accordance with the provisions of chapter621, RSMo. Upon a finding by the administrative hearingcommission that the grounds, provided in subsection 2 of thissection, for disciplinary action are met, the committee maycensure or place the person named in the complaint on probationon such terms and conditions as the committee deems appropriatefor a period not to exceed five years, or may suspend, for aperiod not to exceed three years, or revoke the license.
Grounds for refusal, revocation or suspension of license--civilimmunity, when--procedure upon filing complaint.
337.525. 1. The committee may refuse to issue or renew anylicense required by the provisions of sections 337.500 to337.540 for one or any combination of causes stated insubsection 2 of this section. The committee 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 committee may cause a complaint to be filed with theadministrative hearing commission as provided by chapter 621,RSMo, against any holder of any license required by sections337.500 to 337.540 or any person who has failed to renew or hassurrendered his license for any one or any combination of thefollowing 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 engage in the occupation ofprofessional counselor;
(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 theUnited States, for any offense reasonably related to thequalifications, functions or duties of a professional counselor;for any offense an essential element of which is fraud,dishonesty or an act of violence; or for any offense involvingmoral turpitude, whether or not sentence is imposed;
(3) Use of fraud, deception, misrepresentation or briberyin securing any license issued pursuant to the provisions ofsections 337.500 to 337.540 or in obtaining permission to takeany examination given or required pursuant to the provisions ofsections 337.500 to 337.540;
(4) Obtaining or attempting to obtain any fee, charge,tuition or other compensation by fraud, deception ormisrepresentation;
(5) Incompetency, misconduct, fraud, misrepresentation ordishonesty in the performance of the functions or duties of aprofessional counselor;
(6) Violation of, or assisting or enabling any person toviolate, any provision of sections 337.500 to 337.540, or of anylawful rule or regulation adopted pursuant to sections 337.500to 337.540;
(7) Impersonation of any person holding a license orallowing any person to use his or her license or diploma fromany school;
(8) Revocation or suspension of a license or other right topractice counseling granted by another state, territory, federalagency or country upon grounds for which revocation orsuspension is authorized in this state;
(9) A person is finally adjudged incapacitated by a courtof competent jurisdiction;
(10) Assisting or enabling any person to practice or offerto practice professional counseling who is not licensed andcurrently eligible to practice under the provisions of sections337.500 to 337.540;
(11) Issuance of a license based upon a material mistake offact;
(12) Failure to display a valid license if so required bysections 337.500 to 337.540 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;
(15) Being guilty of unethical conduct as defined in theethical standards for counselors adopted by the division andfiled with the secretary of state.
3. Any person, organization, association or corporation whoreports or provides information to the committee pursuant to theprovisions of this chapter and who does so in good faith shallnot be subject to an action for civil damages as a resultthereof.
4. After the filing of such complaint, the proceedingsshall be conducted in accordance with the provisions of chapter621, RSMo. Upon a finding by the administrative hearingcommission that the grounds, provided in subsection 2 of thissection, for disciplinary action are met, the committee maycensure or place the person named in the complaint on probationon such terms and conditions as the committee deems appropriatefor a period not to exceed five years, or may suspend, for aperiod not to exceed three years, or revoke the license.
