Temporary Emergency Licenses

PURPOSE: This rule sets forth the procedure for requesting an emergency license and extension and the conditions which must be met. PUBLISHER’S NOTE: The secretary of state has determined that publication of the entire text of the material that is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here. (1) The application for a temporary emergency license must be filed with the board. The application form MO 580-2664 (2-2023), Temporary Emergency License Application, is incorporated by reference in this rule and is available on the web at www.health.mo.gov/information/boards/bnha or by contacting the board at PO Box 570, Jefferson City, MO 65102, (573) 751-3511. This rule does not incorporate any subsequent amendments or additions. The application must demonstrate that the applicant meets the requirements for a temporary emergency license as set forth in section 344.030.4, RSMo, and must include the following: (A) The signature of the appropriate authority at the facility where the emergency exists and of the person for whom the license is requested; (B) The name of the licensed administrator who has died, been removed, or vacated the position and the effective date of the death, removal, or vacancy; (C) A complete initial application for licensure and a fee for the person for whom the emergency license is requested; and (D) The complete initial application, fee, and application for a temporary emergency license must be filed with the board immediately upon notification of, or realization by, the person making the application, but in no event more than ten (10) working days from the effective date referred to in subsection (1)(B). (2) After receipt and review of the required information, the board may issue a temporary emergency license for a period not to exceed one hundred twenty (120) days. The person to whom it is issued is fully responsible for the facility as if initially licensed as an administrator and must confirm his/her understanding of this fact in a statement upon receipt of the temporary emergency license. (3) A temporary emergency license may be issued only to a person— (A) Eighteen (18) years of age or over and who is a high school graduate or equivalent; (B) Who had been preceded in the position by a fully licensed administrator; and (C) In the event of a record of discipline of an administrator’s license, the board must consider the provisions of sections 344.030.4 and 344.050, RSMo, in determining whether to grant a temporary emergency license. AUTHORITY: section 344.070, RSMo 2016, and section 344.030, RSMo Supp. 2023.* This rule was previously filed as 13 CSR 732.080. Original rule filed May 13, 1980, effective Aug. 11, 1980. Amended: Filed Dec. 10, 1984, effective April 11, 1985. Amended: Filed Oct. 1, 1987, effective Jan. 14, 1988. Moved and amended: Filed Jan. 31, 2003, effective Aug. 30, 2003. Amended: Filed Dec. 28, 2007, effective Aug. 30, 2008. Amended: Filed June 15, 2011, effective Jan. 30, 2012. ** Amended: Filed April 25, 2023, effective Nov. 30, 2023. *Original authority: 344.030, RSMo 1969, amended 1979, 1987, 1988, 1989, 1996, 2007, 2018, 2020, and 344.070, RSMo 1969, amended 1979, 1993, 1995, 2007. **Pursuant to Executive Orders 20-04, 20-10, and 20-12, 19 CSR 73-2.080, sections (2) and (5) was suspended from April 2, 2020 through July 13, 2020.