Denial, revocation, or suspension of license, grounds for.
346.105. 1. The board may refuse to issue any certificate ofregistration or authority, permit or license required pursuant to thischapter, upon recommendation of the board, for one or any combination ofcauses stated in subsection 2 of this section. The board shall notify theapplicant in writing of the reasons for the refusal and shall advise theapplicant of the applicant's right to file a complaint with theadministrative hearing commission as provided by chapter 621, RSMo.
2. The division 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 against any person who has failed torenew or has surrendered such person's certificate of registration orauthority, 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 thischapter;
(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 qualification, functions or duties of anyprofession 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) 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 this chapter granted byanother state, territory, federal agency or country upon grounds for whichrevocation 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 this chapter who is notregistered and currently eligible to practice under this chapter;
(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 this chapter or any rule promulgated hereunder;
(13) Violation of any professional trust or confidence;
(14) Use of any advertisement or solicitation which is false,misleading or deceptive to the general public or persons to whom theadvertisement or solicitation is primarily directed;
(15) Representing that the service or advice of a person licensed asa physician pursuant to chapter 334, RSMo, will be used or made availablein the selection, fitting, adjustment, maintenance or repair of hearinginstruments when that is not true, or using the words "doctor", "clinic","clinical audiologist", "state-licensed clinic", "state registered", "statecertified", or "state approved" or any other term, abbreviation, or symbolwhen it would falsely give the impression that service is being provided byphysicians licensed pursuant to chapter 334, RSMo, or by audiologistslicensed pursuant to chapter 345, RSMo, or that the licensee's service hasbeen recommended by the state when such is not the case.
Denial, revocation, or suspension of license, grounds for.
346.105. 1. The board may refuse to issue any certificate ofregistration or authority, permit or license required pursuant to thischapter, upon recommendation of the board, for one or any combination ofcauses stated in subsection 2 of this section. The board shall notify theapplicant in writing of the reasons for the refusal and shall advise theapplicant of the applicant's right to file a complaint with theadministrative hearing commission as provided by chapter 621, RSMo.
2. The division 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 against any person who has failed torenew or has surrendered such person's certificate of registration orauthority, 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 thischapter;
(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 qualification, functions or duties of anyprofession 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) 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 this chapter granted byanother state, territory, federal agency or country upon grounds for whichrevocation 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 this chapter who is notregistered and currently eligible to practice under this chapter;
(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 this chapter or any rule promulgated hereunder;
(13) Violation of any professional trust or confidence;
(14) Use of any advertisement or solicitation which is false,misleading or deceptive to the general public or persons to whom theadvertisement or solicitation is primarily directed;
(15) Representing that the service or advice of a person licensed asa physician pursuant to chapter 334, RSMo, will be used or made availablein the selection, fitting, adjustment, maintenance or repair of hearinginstruments when that is not true, or using the words "doctor", "clinic","clinical audiologist", "state-licensed clinic", "state registered", "statecertified", or "state approved" or any other term, abbreviation, or symbolwhen it would falsely give the impression that service is being provided byphysicians licensed pursuant to chapter 334, RSMo, or by audiologistslicensed pursuant to chapter 345, RSMo, or that the licensee's service hasbeen recommended by the state when such is not the case.
Denial, revocation, or suspension of license, grounds for.
346.105. 1. The board may refuse to issue any certificate ofregistration or authority, permit or license required pursuant to thischapter, upon recommendation of the board, for one or any combination ofcauses stated in subsection 2 of this section. The board shall notify theapplicant in writing of the reasons for the refusal and shall advise theapplicant of the applicant's right to file a complaint with theadministrative hearing commission as provided by chapter 621, RSMo.
2. The division 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 against any person who has failed torenew or has surrendered such person's certificate of registration orauthority, 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 thischapter;
(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 qualification, functions or duties of anyprofession 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) 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 this chapter granted byanother state, territory, federal agency or country upon grounds for whichrevocation 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 this chapter who is notregistered and currently eligible to practice under this chapter;
(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 this chapter or any rule promulgated hereunder;
(13) Violation of any professional trust or confidence;
(14) Use of any advertisement or solicitation which is false,misleading or deceptive to the general public or persons to whom theadvertisement or solicitation is primarily directed;
(15) Representing that the service or advice of a person licensed asa physician pursuant to chapter 334, RSMo, will be used or made availablein the selection, fitting, adjustment, maintenance or repair of hearinginstruments when that is not true, or using the words "doctor", "clinic","clinical audiologist", "state-licensed clinic", "state registered", "statecertified", or "state approved" or any other term, abbreviation, or symbolwhen it would falsely give the impression that service is being provided byphysicians licensed pursuant to chapter 334, RSMo, or by audiologistslicensed pursuant to chapter 345, RSMo, or that the licensee's service hasbeen recommended by the state when such is not the case.
