Denial, revocation or suspension of license, grounds for,alternatives--criminal penalties for violation of chapter.
345.065. 1. The board may refuse to issue any certificate ofregistration or authority, permit or license required pursuant to sections345.010 to 345.080 for one or any combination of causes stated insubsection 2 of this section. The board shall notify the applicant inwriting of the reasons for the refusal and shall advise the applicant ofthe applicant's right to file a complaint with the administrative hearingcommission as provided by chapter 621, RSMo. As an alternative to arefusal to issue or renew any certificate, registration or authority, theboard may, at its discretion, issue a license which is subject toprobation, restriction or limitation to an applicant for licensure for anyone or any combination of causes stated in subsection 2 of this section.The board's order of probation, limitation or restriction shall contain astatement of the discipline imposed, the basis therefor, the date suchaction shall become effective and a statement that the applicant has thirtydays to request in writing a hearing before the administrative hearingcommission. If the board issues a probationary, limited or restrictedlicense to an applicant for licensure, either party may file a writtenpetition with the administrative hearing commission within thirty days ofthe effective date of the probationary, limited or restricted licenseseeking review of the board's determination. If no written request for ahearing is received by the administrative hearing commission within thethirty-day period, the right to seek review of the board's decision shallbe considered as 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 sections 345.010 to 345.080 or any person who hasfailed to renew or has surrendered the person's certificate of registrationor authority, permit or license for any one or any combination of thefollowing 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 sections345.010 to 345.080;
(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 sections 345.010 to 345.080,for any offense an essential element of which is fraud, dishonesty or anact of violence, or for any offense involving moral turpitude, whether ornot sentence is imposed;
(3) Use of fraud, deception, misrepresentation or bribery in securingany certificate of registration or authority, permit or license issuedpursuant to sections 345.010 to 345.080 or in obtaining permission to takeany examination given or required pursuant to sections 345.010 to 345.080;
(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 sections 345.010 to345.080;
(6) Violation of, or assisting or enabling any person to violate, anyprovision of sections 345.010 to 345.080, or of any lawful rule orregulation adopted pursuant to sections 345.010 to 345.080;
(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 sections 345.010 to 345.080granted by another state, territory, federal agency or country upon groundsfor which revocation 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 sections 345.010 to345.080 who is not registered and currently eligible to practice pursuantto sections 345.010 to 345.080;
(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 sections 345.010 to 345.080 or any rule promulgated pursuant to sections345.010 to 345.080;
(13) Violation of any professional trust or confidence;
(14) Fraudulently or deceptively using a license, provisional licenseor registration;
(15) Altering a license, provisional license or registration;
(16) Willfully making or filing a false report or record in thepractice of speech-language pathology or audiology;
(17) Using or promoting or causing the use of any misleading,deceiving, improbable or untruthful advertising matter, promotionalliterature, testimonial, guarantee, warranty, label, brand, insignia or anyother representation;
(18) Falsely representing the use or availability of services oradvice of a physician;
(19) Misrepresenting the applicant, licensee or holder by using theword doctor or any similar word, abbreviation or symbol if the use is notaccurate or if the degree was not obtained from a regionally accreditedinstitution;
(20) Committing any act of dishonorable, immoral or unprofessionalconduct while engaging in the practice of speech-language pathology oraudiology;
(21) Providing services or promoting the sale of devices, appliancesor products to a person who cannot reasonably be expected to benefit fromsuch services, devices, appliances or products.
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 of this section, for disciplinary action are met, the boardmay, singly or in combination, censure or place the person named in thecomplaint on probation on such terms and conditions as the board deemsappropriate for a period not to exceed ten years, or may suspend, for aperiod not to exceed three years, or revoke the license or registration.
4. The board may apply for relief by injunction, without bond, torestrain any person, partnership or corporation from engaging in any act orpractice which constitutes an offense pursuant to sections 345.010 to345.080. The board does not need to allege and prove that there is noadequate remedy at law to obtain an injunction. The members of the boardand the advisory commission shall not be individually liable for applyingfor such relief.
Denial, revocation or suspension of license, grounds for,alternatives--criminal penalties for violation of chapter.
345.065. 1. The board may refuse to issue any certificate ofregistration or authority, permit or license required pursuant to sections345.010 to 345.080 for one or any combination of causes stated insubsection 2 of this section. The board shall notify the applicant inwriting of the reasons for the refusal and shall advise the applicant ofthe applicant's right to file a complaint with the administrative hearingcommission as provided by chapter 621, RSMo. As an alternative to arefusal to issue or renew any certificate, registration or authority, theboard may, at its discretion, issue a license which is subject toprobation, restriction or limitation to an applicant for licensure for anyone or any combination of causes stated in subsection 2 of this section.The board's order of probation, limitation or restriction shall contain astatement of the discipline imposed, the basis therefor, the date suchaction shall become effective and a statement that the applicant has thirtydays to request in writing a hearing before the administrative hearingcommission. If the board issues a probationary, limited or restrictedlicense to an applicant for licensure, either party may file a writtenpetition with the administrative hearing commission within thirty days ofthe effective date of the probationary, limited or restricted licenseseeking review of the board's determination. If no written request for ahearing is received by the administrative hearing commission within thethirty-day period, the right to seek review of the board's decision shallbe considered as 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 sections 345.010 to 345.080 or any person who hasfailed to renew or has surrendered the person's certificate of registrationor authority, permit or license for any one or any combination of thefollowing 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 sections345.010 to 345.080;
(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 sections 345.010 to 345.080,for any offense an essential element of which is fraud, dishonesty or anact of violence, or for any offense involving moral turpitude, whether ornot sentence is imposed;
(3) Use of fraud, deception, misrepresentation or bribery in securingany certificate of registration or authority, permit or license issuedpursuant to sections 345.010 to 345.080 or in obtaining permission to takeany examination given or required pursuant to sections 345.010 to 345.080;
(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 sections 345.010 to345.080;
(6) Violation of, or assisting or enabling any person to violate, anyprovision of sections 345.010 to 345.080, or of any lawful rule orregulation adopted pursuant to sections 345.010 to 345.080;
(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 sections 345.010 to 345.080granted by another state, territory, federal agency or country upon groundsfor which revocation 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 sections 345.010 to345.080 who is not registered and currently eligible to practice pursuantto sections 345.010 to 345.080;
(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 sections 345.010 to 345.080 or any rule promulgated pursuant to sections345.010 to 345.080;
(13) Violation of any professional trust or confidence;
(14) Fraudulently or deceptively using a license, provisional licenseor registration;
(15) Altering a license, provisional license or registration;
(16) Willfully making or filing a false report or record in thepractice of speech-language pathology or audiology;
(17) Using or promoting or causing the use of any misleading,deceiving, improbable or untruthful advertising matter, promotionalliterature, testimonial, guarantee, warranty, label, brand, insignia or anyother representation;
(18) Falsely representing the use or availability of services oradvice of a physician;
(19) Misrepresenting the applicant, licensee or holder by using theword doctor or any similar word, abbreviation or symbol if the use is notaccurate or if the degree was not obtained from a regionally accreditedinstitution;
(20) Committing any act of dishonorable, immoral or unprofessionalconduct while engaging in the practice of speech-language pathology oraudiology;
(21) Providing services or promoting the sale of devices, appliancesor products to a person who cannot reasonably be expected to benefit fromsuch services, devices, appliances or products.
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 of this section, for disciplinary action are met, the boardmay, singly or in combination, censure or place the person named in thecomplaint on probation on such terms and conditions as the board deemsappropriate for a period not to exceed ten years, or may suspend, for aperiod not to exceed three years, or revoke the license or registration.
4. The board may apply for relief by injunction, without bond, torestrain any person, partnership or corporation from engaging in any act orpractice which constitutes an offense pursuant to sections 345.010 to345.080. The board does not need to allege and prove that there is noadequate remedy at law to obtain an injunction. The members of the boardand the advisory commission shall not be individually liable for applyingfor such relief.
Denial, revocation or suspension of license, grounds for,alternatives--criminal penalties for violation of chapter.
345.065. 1. The board may refuse to issue any certificate ofregistration or authority, permit or license required pursuant to sections345.010 to 345.080 for one or any combination of causes stated insubsection 2 of this section. The board shall notify the applicant inwriting of the reasons for the refusal and shall advise the applicant ofthe applicant's right to file a complaint with the administrative hearingcommission as provided by chapter 621, RSMo. As an alternative to arefusal to issue or renew any certificate, registration or authority, theboard may, at its discretion, issue a license which is subject toprobation, restriction or limitation to an applicant for licensure for anyone or any combination of causes stated in subsection 2 of this section.The board's order of probation, limitation or restriction shall contain astatement of the discipline imposed, the basis therefor, the date suchaction shall become effective and a statement that the applicant has thirtydays to request in writing a hearing before the administrative hearingcommission. If the board issues a probationary, limited or restrictedlicense to an applicant for licensure, either party may file a writtenpetition with the administrative hearing commission within thirty days ofthe effective date of the probationary, limited or restricted licenseseeking review of the board's determination. If no written request for ahearing is received by the administrative hearing commission within thethirty-day period, the right to seek review of the board's decision shallbe considered as 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 sections 345.010 to 345.080 or any person who hasfailed to renew or has surrendered the person's certificate of registrationor authority, permit or license for any one or any combination of thefollowing 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 sections345.010 to 345.080;
(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 sections 345.010 to 345.080,for any offense an essential element of which is fraud, dishonesty or anact of violence, or for any offense involving moral turpitude, whether ornot sentence is imposed;
(3) Use of fraud, deception, misrepresentation or bribery in securingany certificate of registration or authority, permit or license issuedpursuant to sections 345.010 to 345.080 or in obtaining permission to takeany examination given or required pursuant to sections 345.010 to 345.080;
(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 sections 345.010 to345.080;
(6) Violation of, or assisting or enabling any person to violate, anyprovision of sections 345.010 to 345.080, or of any lawful rule orregulation adopted pursuant to sections 345.010 to 345.080;
(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 sections 345.010 to 345.080granted by another state, territory, federal agency or country upon groundsfor which revocation 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 sections 345.010 to345.080 who is not registered and currently eligible to practice pursuantto sections 345.010 to 345.080;
(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 sections 345.010 to 345.080 or any rule promulgated pursuant to sections345.010 to 345.080;
(13) Violation of any professional trust or confidence;
(14) Fraudulently or deceptively using a license, provisional licenseor registration;
(15) Altering a license, provisional license or registration;
(16) Willfully making or filing a false report or record in thepractice of speech-language pathology or audiology;
(17) Using or promoting or causing the use of any misleading,deceiving, improbable or untruthful advertising matter, promotionalliterature, testimonial, guarantee, warranty, label, brand, insignia or anyother representation;
(18) Falsely representing the use or availability of services oradvice of a physician;
(19) Misrepresenting the applicant, licensee or holder by using theword doctor or any similar word, abbreviation or symbol if the use is notaccurate or if the degree was not obtained from a regionally accreditedinstitution;
(20) Committing any act of dishonorable, immoral or unprofessionalconduct while engaging in the practice of speech-language pathology oraudiology;
(21) Providing services or promoting the sale of devices, appliancesor products to a person who cannot reasonably be expected to benefit fromsuch services, devices, appliances or products.
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 of this section, for disciplinary action are met, the boardmay, singly or in combination, censure or place the person named in thecomplaint on probation on such terms and conditions as the board deemsappropriate for a period not to exceed ten years, or may suspend, for aperiod not to exceed three years, or revoke the license or registration.
4. The board may apply for relief by injunction, without bond, torestrain any person, partnership or corporation from engaging in any act orpractice which constitutes an offense pursuant to sections 345.010 to345.080. The board does not need to allege and prove that there is noadequate remedy at law to obtain an injunction. The members of the boardand the advisory commission shall not be individually liable for applyingfor such relief.
