Reasons and Methods the Department Can Use to Take Administrative Licensure Actions

PURPOSE: This rule provides the reasons and methods the state can use to take administrative licensure actions. (1) The department may refuse to issue or may deny renewal of any certificate, permit, or license required pursuant to the comprehensive emergency medical services systems act for failure to comply with the provisions of the comprehensive emergency medical services systems act or for any cause listed in section (2) below. The department shall notify the applicant in writing of the reasons for the refusal or denial and shall advise the applicant of his or her right to file a complaint with the Administrative Hearing Commission as provided by Chapter 621, RSMo. (2) The department may cause a complaint to be filed with the Administrative Hearing Commission as provided by Chapter 621, RSMo, against any holder of any certificate, permit, or license required by the comprehensive emergency medical services systems act or any person who has failed to renew or has surrendered his or her certificate, permit, or license for failure to comply with the provisions of the comprehensive emergency medical services systems act or for any of the following reasons: (A) Use or unlawful possession of any controlled substance, as defined in Chapter 195, RSMo, or alcoholic beverage to an extent that such use impairs a person’s ability to perform the work of any activity licensed or regulated by the comprehensive emergency medical services systems act; (B) Being finally adjudicated and found guilty, or having entered a plea of guilty or nolo contendere, in a criminal prosecution under the laws of any state or of the United States, for any offense reasonably related to the qualifications, functions or duties of any activity licensed or regulated pursuant to the comprehensive emergency medical services systems act, for any offense an essential element of which is fraud, dishonesty, or an act of violence, or for any offense involving moral turpitude, whether or not sentence is imposed; (C) Use of fraud, deception, misrepresentation, or bribery in securing any certificate, permit, or license issued pursuant to the comprehensive emergency medical services systems act or in obtaining permission to take any examination given or required pursuant to the comprehensive emergency medical services systems act; (D) Obtaining or attempting to obtain any fee, charge, tuition, or other compensation by fraud, deception, or misrepresentation; (E) Incompetency, misconduct, gross negligence, fraud, misrepresentation, or dishonesty in the performance of the functions or duties of any activity licensed or regulated by the comprehensive emergency medical services systems act; (F) Violation of, or assisting or enabling any person to violate, any provision of the comprehensive emergency medical services systems act, or of any lawful rule or regulation adopted by the department pursuant to the comprehensive emergency medical services systems act; (G) Impersonation of any person holding a certificate, permit, or license or allowing any person to use his or her certificate, permit, license, or diploma from any school; (H) Disciplinary action against the holder of a license or other right to practice any activity regulated by the comprehensive emergency medical services systems act granted by another state, territory, federal agency, or country upon grounds for which revocation or suspension is authorized in this state; (I) Being finally adjudged insane or incompetent by a court of competent jurisdiction; (J) Assisting or enabling any person to practice or offer to practice any activity licensed or regulated by the comprehensive emergency medical services systems act who is not licensed and currently eligible to practice pursuant to the comprehensive emergency medical services systems act; (K) Issuance of a certificate, permit, or license based upon a material mistake of fact; (L) Violation of any professional trust, confidence, or legally protected privacy rights of a patient by means of an unauthorized or unlawful disclosure; (M) Use of any advertisement or solicitation which is false, misleading, or deceptive to the general public or persons to whom the advertisement or solicitation is primarily directed; (N) Violation of the drug laws or rules and regulations of this state, any other state, or the federal government; (O) Refusal of any applicant or licensee to respond to reasonable department requests for necessary information to process an application or to determine license status or license eligibility. (P) Any conduct or practice which is or might be harmful or dangerous to the mental or physical health or safety of a patient or the public; and (Q) Repeated acts of negligence or recklessness in the performance of the functions or duties of any activity licensed or regulated by sections 190.100 to 190.245, RSMo. (3) The Department of Health and Senior Services may suspend any certificate, permit, or license required pursuant to the comprehensive emergency medical services systems act simultaneously with the filing of the complaint with the Administrative Hearing Commission, if the department finds that there is an imminent threat to the public health. The notice of suspension shall include the basis of the suspension and notice of the right to appeal such suspension. The licensee may appeal the decision to suspend the license, certificate, or permit to the department. The appeal shall be filed within ten (10) days from the date of the filing of the complaint. A hearing shall be conducted by the department within ten (10) days from the date the appeal is filed. The suspension shall continue in effect until the conclusion of the proceedings, including review thereof, unless sooner withdrawn by the department, dissolved by a court of competent jurisdiction, or stayed by the Administrative Hearing Commission. AUTHORITY: sections 190.165 and 190.185, RSMo 2016.* Emergency rule filed Jan. 14, 1999, effective Jan. 24, 1999, expired July 22, 1999. Original rule filed Jan. 14, 1999, effective June 30, 1999. Amended: Filed March 1, 2012, effective Sept. 30, 2012. Amended: Filed Aug. SENIOR SERVICES 7, 2017, effective March 30, 2018. *Original authority: 190.165, RSMo 1973, amended 1978, 1998, 2002, 2016 and 190.185, RSMo 1973, amended 1989, 1993, 1995, 1998, 2002.