Suspension--revocation--probation--refusal to issue or renewlicense--grounds--procedure--right of review by administrativehearing commission.
344.050. 1. The board may refuse to issue or renew any certificateof registration 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 his or her right to filea complaint with the administrative hearing commission as provided bychapter 621, RSMo. As an alternative to refusal to issue or renew anycertificate, registration or authority, permit or license, the board may,at its discretion, issue a license which is subject to probation for anyone or any combination of causes stated in subsection 2 of this section.The board's order of probation shall contain a statement of the disciplineimposed, the basis therefor*, the date such action shall become effective,and a statement that the applicant has thirty days to request in writing ahearing before the administrative hearing commission. If the board issuesa probationary license to an applicant for licensure, the applicant mayfile a written petition with the administrative hearing commission withinthirty days of the effective date of the probationary license seekingreview of whether cause exists to discipline the licensee under subsection2 of this section. If no written request for a hearing is received by theadministrative hearing commission within the thirty-day period, the rightto seek review of the board's decision shall be waived.
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 for any one or any combination of the following causes:
(1) Use or unlawful possession of any controlled substance, asdefined in chapter 195, RSMo, or alcoholic beverage to an extent that suchuse impairs a person's ability to perform the work of any professionlicensed or regulated by this chapter;
(2) The person has been finally adjudicated and found guilty, orentered a plea of guilty or nolo contendere, pursuant to criminalprosecution under the laws of any state or of the United States, for anyoffense reasonably related to the qualifications, functions or duties ofany profession licensed or regulated under this chapter, for any offense anessential element of which is fraud, dishonesty or an act of violence, orfor 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, gross negligence, fraud,misrepresentation or dishonesty in the performance of the functions orduties 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) Violation of, or assisting or enabling any person to violate, anyprovision of chapter 198, RSMo, or any lawful rule or regulationpromulgated thereunder;
(8) Impersonation of any person holding a certificate of registrationor authority, permit or license, or allowing any person to use suchperson's certificate of registration or authority, permit, license ordiploma from any school;
(9) 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;
(10) A person is finally adjudged incapacitated or disabled by acourt of competent jurisdiction;
(11) 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 under this chapter;
(12) Issuance of a certificate of registration or authority, permitor license based upon a material mistake of fact;
(13) Violation of the drug laws or rules and regulations of thisstate, any other state or the federal government;
(14) Knowingly failing to report abuse or neglect of a resident in along-term care facility, as required by section 198.070, RSMo, of which heor she has actual knowledge that it is abuse or neglect;
(15) Violation of any professional trust or confidence;
(16) Having served as the administrator, operator, or any principalinvolved in the operation of a facility licensed under chapter 198, RSMo,and during such time the facility has had its license revoked under section198.036, RSMo, has entered into a consent agreement to obtain aprobationary license under subsection 5 of section 198.026, RSMo, has had alicense denied under subsection 2 of section 198.022, RSMo, or hassurrendered its license while under investigation.
3. The administrative hearing commission shall have no authority torequire issuance of a license, pending a final determination by thecommission, in any case in which an applicant is seeking initial licensure.
4. No license may be suspended or revoked and no application forrenewal of a license may be denied under this section until the licenseehas been afforded an opportunity for hearing after due notice as providedin sections 621.015 to 621.205, RSMo.
5. Upon a finding by the administrative hearing commission that thegrounds, provided in subsection 2 of this section, for disciplinary actionare met, the board may, singly or in combination, censure or place theperson named in the complaint on probation on such terms as the board deemsappropriate, or may suspend or revoke the certificate, permit or license.The board may exclude any application for up to five years for any personwho has had his or her license revoked by the board or has surrendered hisor her license to the board.
Suspension--revocation--probation--refusal to issue or renewlicense--grounds--procedure--right of review by administrativehearing commission.
344.050. 1. The board may refuse to issue or renew any certificateof registration 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 his or her right to filea complaint with the administrative hearing commission as provided bychapter 621, RSMo. As an alternative to refusal to issue or renew anycertificate, registration or authority, permit or license, the board may,at its discretion, issue a license which is subject to probation for anyone or any combination of causes stated in subsection 2 of this section.The board's order of probation shall contain a statement of the disciplineimposed, the basis therefor*, the date such action shall become effective,and a statement that the applicant has thirty days to request in writing ahearing before the administrative hearing commission. If the board issuesa probationary license to an applicant for licensure, the applicant mayfile a written petition with the administrative hearing commission withinthirty days of the effective date of the probationary license seekingreview of whether cause exists to discipline the licensee under subsection2 of this section. If no written request for a hearing is received by theadministrative hearing commission within the thirty-day period, the rightto seek review of the board's decision shall be waived.
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 for any one or any combination of the following causes:
(1) Use or unlawful possession of any controlled substance, asdefined in chapter 195, RSMo, or alcoholic beverage to an extent that suchuse impairs a person's ability to perform the work of any professionlicensed or regulated by this chapter;
(2) The person has been finally adjudicated and found guilty, orentered a plea of guilty or nolo contendere, pursuant to criminalprosecution under the laws of any state or of the United States, for anyoffense reasonably related to the qualifications, functions or duties ofany profession licensed or regulated under this chapter, for any offense anessential element of which is fraud, dishonesty or an act of violence, orfor 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, gross negligence, fraud,misrepresentation or dishonesty in the performance of the functions orduties 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) Violation of, or assisting or enabling any person to violate, anyprovision of chapter 198, RSMo, or any lawful rule or regulationpromulgated thereunder;
(8) Impersonation of any person holding a certificate of registrationor authority, permit or license, or allowing any person to use suchperson's certificate of registration or authority, permit, license ordiploma from any school;
(9) 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;
(10) A person is finally adjudged incapacitated or disabled by acourt of competent jurisdiction;
(11) 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 under this chapter;
(12) Issuance of a certificate of registration or authority, permitor license based upon a material mistake of fact;
(13) Violation of the drug laws or rules and regulations of thisstate, any other state or the federal government;
(14) Knowingly failing to report abuse or neglect of a resident in along-term care facility, as required by section 198.070, RSMo, of which heor she has actual knowledge that it is abuse or neglect;
(15) Violation of any professional trust or confidence;
(16) Having served as the administrator, operator, or any principalinvolved in the operation of a facility licensed under chapter 198, RSMo,and during such time the facility has had its license revoked under section198.036, RSMo, has entered into a consent agreement to obtain aprobationary license under subsection 5 of section 198.026, RSMo, has had alicense denied under subsection 2 of section 198.022, RSMo, or hassurrendered its license while under investigation.
3. The administrative hearing commission shall have no authority torequire issuance of a license, pending a final determination by thecommission, in any case in which an applicant is seeking initial licensure.
4. No license may be suspended or revoked and no application forrenewal of a license may be denied under this section until the licenseehas been afforded an opportunity for hearing after due notice as providedin sections 621.015 to 621.205, RSMo.
5. Upon a finding by the administrative hearing commission that thegrounds, provided in subsection 2 of this section, for disciplinary actionare met, the board may, singly or in combination, censure or place theperson named in the complaint on probation on such terms as the board deemsappropriate, or may suspend or revoke the certificate, permit or license.The board may exclude any application for up to five years for any personwho has had his or her license revoked by the board or has surrendered hisor her license to the board.
Suspension--revocation--probation--refusal to issue or renewlicense--grounds--procedure--right of review by administrativehearing commission.
344.050. 1. The board may refuse to issue or renew any certificateof registration 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 his or her right to filea complaint with the administrative hearing commission as provided bychapter 621, RSMo. As an alternative to refusal to issue or renew anycertificate, registration or authority, permit or license, the board may,at its discretion, issue a license which is subject to probation for anyone or any combination of causes stated in subsection 2 of this section.The board's order of probation shall contain a statement of the disciplineimposed, the basis therefor*, the date such action shall become effective,and a statement that the applicant has thirty days to request in writing ahearing before the administrative hearing commission. If the board issuesa probationary license to an applicant for licensure, the applicant mayfile a written petition with the administrative hearing commission withinthirty days of the effective date of the probationary license seekingreview of whether cause exists to discipline the licensee under subsection2 of this section. If no written request for a hearing is received by theadministrative hearing commission within the thirty-day period, the rightto seek review of the board's decision shall be waived.
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 for any one or any combination of the following causes:
(1) Use or unlawful possession of any controlled substance, asdefined in chapter 195, RSMo, or alcoholic beverage to an extent that suchuse impairs a person's ability to perform the work of any professionlicensed or regulated by this chapter;
(2) The person has been finally adjudicated and found guilty, orentered a plea of guilty or nolo contendere, pursuant to criminalprosecution under the laws of any state or of the United States, for anyoffense reasonably related to the qualifications, functions or duties ofany profession licensed or regulated under this chapter, for any offense anessential element of which is fraud, dishonesty or an act of violence, orfor 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, gross negligence, fraud,misrepresentation or dishonesty in the performance of the functions orduties 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) Violation of, or assisting or enabling any person to violate, anyprovision of chapter 198, RSMo, or any lawful rule or regulationpromulgated thereunder;
(8) Impersonation of any person holding a certificate of registrationor authority, permit or license, or allowing any person to use suchperson's certificate of registration or authority, permit, license ordiploma from any school;
(9) 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;
(10) A person is finally adjudged incapacitated or disabled by acourt of competent jurisdiction;
(11) 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 under this chapter;
(12) Issuance of a certificate of registration or authority, permitor license based upon a material mistake of fact;
(13) Violation of the drug laws or rules and regulations of thisstate, any other state or the federal government;
(14) Knowingly failing to report abuse or neglect of a resident in along-term care facility, as required by section 198.070, RSMo, of which heor she has actual knowledge that it is abuse or neglect;
(15) Violation of any professional trust or confidence;
(16) Having served as the administrator, operator, or any principalinvolved in the operation of a facility licensed under chapter 198, RSMo,and during such time the facility has had its license revoked under section198.036, RSMo, has entered into a consent agreement to obtain aprobationary license under subsection 5 of section 198.026, RSMo, has had alicense denied under subsection 2 of section 198.022, RSMo, or hassurrendered its license while under investigation.
3. The administrative hearing commission shall have no authority torequire issuance of a license, pending a final determination by thecommission, in any case in which an applicant is seeking initial licensure.
4. No license may be suspended or revoked and no application forrenewal of a license may be denied under this section until the licenseehas been afforded an opportunity for hearing after due notice as providedin sections 621.015 to 621.205, RSMo.
5. Upon a finding by the administrative hearing commission that thegrounds, provided in subsection 2 of this section, for disciplinary actionare met, the board may, singly or in combination, censure or place theperson named in the complaint on probation on such terms as the board deemsappropriate, or may suspend or revoke the certificate, permit or license.The board may exclude any application for up to five years for any personwho has had his or her license revoked by the board or has surrendered hisor her license to the board.
