Applications—Formerly Licensed

PURPOSE: This rule sets timelines and procedures by which former licensees whose license has been revoked or surrendered may apply for relicensure. (1) A person who formerly held a license granted by this board, which license was revoked by the board or surrendered by the licensee, may apply for new licensure subject to the provisions of this section. (2) Any person who applies for licensure under sections 327.131, 327.221, 327.314, 327.392, or 327.612, RSMo, after revocation or voluntary surrender of a Missouri license must meet the following criteria for licensure: (A) After two (2) years have passed from the effective date of the order of revocation or date of affidavit of voluntary surrender, an applicant may apply to the board for such examination as may be required of new applicants in the applicant’s profession; and (B) Upon passage of the examination required for licensure in the applicant’s profession, the applicant may apply for issuance of a new license as if never licensed. (3) Any person who applies for licensure by comity under section 327.381, RSMo, after revocation or voluntary surrender of a Missouri license must meet the following criteria for licensure: (A) After five (5) years have passed from the effective date of the order of revocation or affidavit of voluntary surrender, an applicant eligible for licensure by comity under section 327.381, RSMo may file an application for a new license without examination; and (B) An applicant under this subsection must show proof of completion of the continuing education hours consistent with the requirements of 20 CSR 2030 Chapter 8 and/or 20 CSR 2030 Chapter 11 for the applicant’s profession in the two (2) years immediately preceding the application. (C) Upon passage of any Missouri-specific examination required for licensure in the applicant’s profession, the applicant may apply for issuance of a new license as if never licensed. (4) Any person who applies for licensure by comity under section 324.009, RSMo, after revocation or voluntary surrender of a Missouri license must meet the following criteria for licensure: (A) After five (5) years have passed from the effective date of the order of revocation or affidavit of voluntary surrender, an applicant eligible for licensure by comity under section 324.009, RSMo, may file an application for a new license without examination. (B) Unless waived by the board under the terms of sections 324.009.3 and 324.009.4, RSMo, an applicant under this subsection must show proof of completion of the continuing education hours consistent with the requirements of 20 CSR 2030 Chapter 8 and/or 20 CSR 2030 Chapter 11 for the applicant’s profession in the two (2) years immediately preceding the application. (C) Upon passage of any Missouri-specific examination required for licensure in the applicant’s profession, the applicant may apply for issuance of a new license as if never licensed. (5) Any person who applies for licensure after revocation or voluntary surrender of a license on the ground of disciplinary action in another jurisdiction under section 327.441.2(8), RSMo, must meet the following criteria: (A) The applicant must show that the license which was revoked or otherwise disciplined in another jurisdiction has been reinstated, reissued, or otherwise returned to active status in good standing, which may include probationary licensure; and (B) An applicant under this subsection must show proof of completion of the continuing education hours consistent with the requirements of 20 CSR 2030 Chapter 8 and/or 20 CSR 2030 Chapter 11 for the applicant’s profession in the two (2) years immediately preceding the application. (6) The board may require any applicant for examination or new licensure under sections (2)–(5) above to personally appear before the board upon notice prepared to respond to questions concerning the nature of the cause for revocation or surrender of the applicant’s prior license and rehabilitation or other relevant information pertaining to the time since revocation or surrender of the license. (A) In any proceeding under this section, the person seeking licensure bears the burden of proving rehabilitation. (B) Factors relevant to rehabilitation may include, among other factors: 1. Acknowledgement of wrongdoing or demonstration that the applicant understands the cause for the discipline; 2. Action taken by the applicant to prevent reoccurrence of the conduct that resulted in the discipline; 3. Action taken by the applicant to rehabilitate or address the underlying causes of the misconduct that resulted in discipline; and 4. Actions taken by the applicant to address and remediate harm caused by the misconduct. (7) The board shall have discretion in all applications under this section to inquire into and take into account the nature of the conduct or factual basis of the revocation or surrender of the former license. (8) The board retains discretion under sections 327.441 and 327.442, RSMo, to deny any application for examination or licensure based on prior misconduct or circumstances occurring between the order of revocation or affidavit of voluntary surrender and the entry of the board’s order, or to grant such application subject to a period and terms of probation pursuant to section 324.038, RSMo. AUTHORITY: sections 327.041 and 327.442, RSMo 2016.* Original rule filed Nov. 6, 2019, effective May 30, 2020. Amended: Filed June 21, 2021, effective Dec. 30, 2021. *Original authority: 327.041, RSMo 1969, amended 1981, 1986, 1989, 1993, 1995, 1999, 2001, 2010, 2014, and 327.442, RSMo 2009, amended 2014.