Determination of Competency

PURPOSE: This rule complies with the provisions of section 334.099, RSMo, and specifies the procedures to be followed under this statute in determining competency. (1) For purposes of this rule, the following terms shall mean: (A) “Medical or osteopathic incompetency”—being unable to practice medicine with reasonable skill or safety due to lack of knowledge, ability, or impairment; (B) “Mental incapacity”—suffering from a mental illness or disorder to such an extent that he or she lacks the capacity to practice his or her profession; and (C) “Physical incapacity”—suffering from a physical disorder to such an extent that he or she lacks the ability to practice his or her profession. (2) The board shall review any information before it that it determines is reliable in deciding to convene a reasonable cause hearing. This may include, but is not limited to medical records of patients, medical records of the licensee, statements of witnesses, and any investigation. (3) Approved Facilities. (A) The board shall maintain a list of approved facilities for the conduct of examinations. (B) All facilities considered approved facilities by the board as of the effective date of this rule are considered “approved facilities.” (C) The board may review information submitted by any facility offering evaluations that may meet its needs under this section. The decision of whether to adopt a facility as an “approved facility” shall be by majority vote of the board. (D) The board may remove a facility from the list by majority vote of the board. (4) If a licensee wishes to apply for reconsideration pursuant to 334.099.4, RSMo, they shall submit a letter to the board explaining their request along with any supporting documentation, which may include affidavits, medical records, evaluations, or other relevant information. (A) Information received more than thirty (30) days before a regularly scheduled meeting of the board shall be reviewed at the upcoming regularly scheduled meeting. (B) Information received less than thirty (30) days before a regularly scheduled meeting of the board may be reviewed at the upcoming regularly scheduled meeting. If the information is not reviewed at the upcoming regularly scheduled meeting, it shall be reviewed at the next regularly scheduled meeting. (C) The board may request that the licensee appear for a personal interview with the board before making a decision. (D) The board shall issue its decision regarding the application for reconsideration in writing. (5) The provisions of Chapter 536, RSMo, for a contested case, except those provisions or amendments which are in conflict with 334.099, RSMo, shall apply to and govern the proceedings contained in 334.099, RSMo, and the rights and duties of the parties involved. The person appealing such an action shall be entitled to present evidence under Chapter 536, RSMo, relevant to the allegations. AUTHORITY: sections 334.099 and 334.100, RSMo Supp. 2011.* This rule originally filed as 4 CSR 150-2.015. Original rule filed Oct. 14, 1976, effective Jan. 13, 1977. Rescinded and readopted: Filed Dec. 13, 1989, effective April 1, 1990. Moved to 20 CSR 2150-2.015, effec tive Aug. 28, 2006. Rescinded and readopted: Filed Sept. 28, 2011, effective March 30, 2012. *Original authority: 334.099, RSMo 2011 and 334.100, RSMo 1939, amended 1945, 1959, 1963, 1974, 1976, 1979, 1981, 1983, 1984, 1986, 1987, 1989, 1990, 1993, 1997, 2004, 2010, 2011.