Disciplinary Action

PURPOSE: This rule describes the condition and procedure for disciplinary action, as defined in section 344.050, RSMo, against licenses. (1) The board may refuse to issue or renew any certificate of registration or authority, permit or license required pursuant to this chapter for one (1) or any combination of causes stated in section (2) of this rule. The board shall notify the applicant in writing of the reasons for the refusal and shall advise the applicant of his/her right to file a complaint with the Administrative Hearing Commission as provided by Chapter 621, RSMo. As an alternative to refusal to issue or renew any certificate, registration or authority, permit or license, the board may, at its discretion, issue a license which is subject to probation for any one (1) or any combination of causes stated in section (2) of this rule. The board’s order of probation shall contain a statement of the discipline imposed, the basis therefore, the date such action shall become effective, and a statement that the applicant has thirty (30) days to request in writing a hearing before the Administrative Hearing Commission. If the board issues a probationary license to an applicant for licensure, the applicant may file a written petition with the Administrative Hearing Commission within thirty (30) days of the effective date of the probationary license seeking review of whether cause exists to discipline the licensee under section (2) of this rule. If no written request for a hearing is received by the Administrative Hearing Commission within the thirty (30)-day period, the right to seek review of the board’s decision shall be waived. (2) The board may cause a complaint to be filed with the Administrative Hearing Commission as provided by Chapter 621, RSMo, against any holder of any certificate of registration or authority, permit or license required by this chapter or any person who has failed to renew or has surrendered his/her certificate or registration or authority, permit or license for any one (1) or any combination of the following causes: (A) Use or unlawful possession of any controlled substance, as defined in Chapter 195, RSMo, or alcoholic beverage to an extent that this use impairs a person’s ability to perform the work of any profession licensed or regulated by this chapter; (B) Has been finally adjudicated and found guilty, or entered a plea of guilty or nolo contendere, pursuant to 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 professional licensed or regulated under this chapter, 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 of registration or authority, permit or license issued pursuant to this chapter or in obtaining permission to take any examination given or required pursuant to this chapter; (D) Obtaining or attempting to obtain any fee, charge, tuition or other compensation by fraud, deception or misrepresentation; (E) Performing incompetent, misconduct, gross negligence, fraud, misrepresentation or dishonesty in the performance of the functions or duties of any profession licensed or regulated by this chapter (refer to 19 CSR 73-2.095 for a partial listing of those functions and duties); (F) Violating, assisting or enabling any person to violate, any provision of this chapter, or of any lawful rule adopted pursuant to this chapter; (G) Violation of, or assisting or enabling any person to violate, any provision of Chapter 198, RSMo, or any lawful rule or regulation promulgated thereunder; (H) Impersonation of any person holding a certificate of registration or authority, permit or license, or allowing any person to use such person’s certificate of registration or authority, permit, license or diploma from any school; (I) Disciplinary action against the holder of a license or other right to practice any profession regulated by this chapter granted by another state, territory, federal agency or country upon grounds for which revocation or suspension is authorized in this state; (J) A person is finally adjudged incapacitated or disabled by a court of competent jurisdiction; (K) Assisting or enabling any person to practice or offer to practice any profession licensed or regulated by this chapter who is not registered and currently eligible to practice under this chapter; (L) Issuance of a certificate of registration or authority, permit or license based upon a material mistake of fact; (M) Violation of the drug laws or rules and regulations of this state, any other state or the federal government; (N) Knowingly failing to report abuse or neglect of a resident in a long-term care facility, as required by section 198.070, RSMo, of which he or she has actual knowledge that it is abuse or neglect; (O) Violation of any professional trust or confidence; or (P) Having served as the administrator, operator, or any principal involved in the operation of a facility licensed under Chapter 198, RSMo, and during such time the facility has had its license revoked under section 198.036, RSMo, has entered into a consent agreement to obtain a probationary license under subsection 5 of section 198.026, RSMo, has had a license denied under subsection 2 of section 198.022, RSMo, or has surrendered its license while under investigation. (3) The Administrative Hearing Commission shall have no authority to require issuance of a license, pending a final determination by the commission, in any case in which an applicant is seeking initial licensure. (4) No license may be suspended or revoked and no application for renewal of a license may be denied under this section until the licensee has been afforded an opportunity for hearing after due notice as provided in sections 621.015–621.205, RSMo. (5) Upon a finding by the Administrative Hearing Commission that the grounds, provided in section (2) of this rule, for disciplinary action are met, singly or in combination, the board may censure or place the person named in the complaint on probation on such terms as the board deems appropriate, or may suspend or revoke the certificate, permit or license. (6) The board may exclude any application for up to five (5) years for any person who has had his or her license revoked by the board or has surrendered his or her license to the board. AUTHORITY: section 344.070, RSMo Supp. 2007.* This rule was previously filed as 13 CSR 73-2.090. Original rule filed May 13, 1980, effective Aug. 11, 1980. Amended: Filed Oct. 16, 1985, effective March 14, 1986. Amended: Filed Oct. 1, 1987, effective Jan. 14, 1988. Amended: Filed Dec. 4, 1989, effective March 1, 1990. Moved and amended: Filed Jan. 31, 2003, effective Aug. 30, 2003. Amended: Filed Dec. 28, 2007, effective Aug. 30, 2008. *Original authority: 344.070, RSMo 1969, amended 1979, 1993, 1995, 2007.