Renewal of Licenses for Military Members

PURPOSE: This rule sets forth the procedure for renewal of a license held by a licensee on active military duty and for discipline of a license held by a licensee on active military duty. (1) Any licensee who is a member of the United States Armed Forces or any military or militia of the state of Missouri, as defined in section 41.030, RSMo, shall be exempt from the requirement to renew his or her license if— (A) The licensee is on active duty, meaning full time duty in the active military service of the United States as defined in Section 101(a)(5), Title 10 of the U.S. Code or of the active military forces of Missouri under section 41.030, RSMo; (B) At the time of activation, the licensee held a current and active license with the board in Missouri and was licensed or certified to engage in his or her profession in this state; and (C) The licensee complies with the provisions of this rule to notify the board of the active military duty. (2) While a licensee meeting the requirements of this rule is on active duty, as set forth above, each license of the licensee will be renewed without payment of renewal fees or any other act required for renewal while the licensee is on active military duty and up to two (2) years from the date the licensee ceases active military duty, if the following criteria are met: (A) The licensee notifies the board in writing on a form provided by the board or by other written communication accepted by the board as a Notice of Active Military Duty and requests license renewal; (B) This written Notice of Active Military Duty shall be signed and dated by the licensee and contain the name, address, and license number of the licensee, the date of activation, and be accompanied by a copy of the licensee’s active duty orders or other evidence sufficient for the board to determine the dates of active service by licensee; (C) If the licensee requests waiver of any continuing education requirement, this request may be made at the time the Notice of Active Military Duty is filed. The Notice of Active Military Duty may be filed with the board at any time up to one hundred eighty (180) days from the date the licensee ceases active military duty; (D) If any of licensee’s licenses have lapsed for non-renewal during this period before the Notice of Active Military Duty has been filed, all licenses will be reinstated upon the filing of the Notice of Active Military Duty with no additional requirements for reinstatement. All such reinstatements are retroactive to the last renewal date after the licensee went on active duty and the license is deemed as having been active from that date until the license is reinstated; (E) If licensee files the Notice of Active Military Duty prior to a license renewal date, the board will renew all licenses, without any further requirement, until either the licensee notifies the board that active military duty has ceased or a license has not been renewed for a period of one hundred eighty (180) days from the date the active military duty ceased. The licensee shall have the duty to notify the board when his or her active military duty ceases within one hundred eighty (180) days from the date the active duty ceases. The board will deem licensee’s license current and active until the end of the one hundred eighty (180) days and after that time, the licensee’s license shall be due for renewal at the next license regular renewal date; and (F) The licensee on active military duty shall not be required to pay any license renewal fees during the period of active military duty and up to one hundred eighty (180) days after the end of the active military duty. If a license lapses at any time during active military duty, that license will be reinstated with no further requirements, other than the filing of the Notice of Active Military Service. (3) If, at the time of activation, licensee’s license was subject to discipline, the disciplinary period shall be stayed during the time of licensee’s active duty military service and reinstated at the time the license is reinstated. However, if the conditions of the discipline require the licensee to take any action or meet any obligations, licensee shall have at least one hundred eighty (180) days after the end of active military duty to take those actions or fulfill those obligations. (4) If during the time licensee is on active military duty, the board desires to pursue any disciplinary or administrative action against any license of the licensee, the board shall stay any such action until at least sixty (60) days after the end of the active military duty. (5) Any licensee who holds a current license and is a member of any United States or state of Missouri military, including any reserve members and any member of the United States Public Health Service, who is engaged in the active duty in the military service of the United States or the state of Missouri and who is engaged in the performance of active duty in the military service of the United States in a military conflict in which reserve components have been called to active duty for any period of more than thirty (30) days and who have had any license lapse while performing this military service, may renew/reinstate such license, without penalty by— (A) Filing with the board a Notice of Active Military Duty on a form provided by the board or by written communication accepted by the board that is signed and dated by the licensee and contains the licensee’s name, address, the type of license and license number of the licensee, the date of active duty activation, and is accompanied by a copy of the licensee’s active duty orders or other evidence sufficient for the board to determine the dates of active military duty by licensee; and (B) Such Notice of Active Military Duty shall be filed with the board along with the request for license reinstatement no later than sixty (60) days after the end of active military duty. (6) Upon filing the Notice of Active Military Duty, the board will reinstate licensee’s license with no further requirements, retroactive to the last renewal. AUTHORITY: sections 41.950, 192.360, 333.081, 333.111, and 333.340, RSMo 2016.* Original rule filed July 6, 2020, effective Jan. 30, 2021. *Original authority: 41.950, RSMo 1991, amended 2007, 2009, 2011; 192.360, RSMo 2013; 333.081, RSMo 1965, amended 1981, 2001; 333.111, RSMo 1965, amended 1981, 1993, 1995; and 333.340, RSMo 2009.