Exemption from License Renewal Requirement for Active Duty Military and Stay of Administrative Actions Against a Licensee Serving on Active Military Duty

PURPOSE: To provide the process for a licensee on active duty military service to request waiver of renewal requirements and also to set forth requirements for stay of administrative actions against any license while the licensee serves 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 exempted 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; and (B) 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 licensee shall 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 to notify the board: (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. 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 shall 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. If the licensee requests waiver of any continuing education requirement, this request may be made at the time the Notice of Active 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. 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 shall be reinstated upon the filing of the Notice of Active Military Duty with no additional requirements for reinstatement. All such reinstatements shall be retroactive to the last renewal date after the licensee went on active duty and the license shall be deemed as having been active from that date until the license is reinstated. If licensee files the Notice of Active Military Duty prior to a license renewal date, the board shall 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 shall 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; (B) 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 shall be reinstated with no further requirements; other than the filing of the Notice of Active Military Service; and (C) Any continuing education requirement shall be waived while the licensee is on active military duty if the following criteria are met: 1. The licensee attests that circumstances associated with military duty prevented licensee from obtaining the required continuing education and licensee has provided the board with a written request for waiver of continuing education; or 2. Licensee’s military duties, while on active duty, included performing in his or her licensed occupation. (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 shall be 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 his or her 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. AUTHORITY: sections 192.360 and 330.140, RSMo 2016.* Original rule filed Oct. 10, 2019, effective April 30, 2020. AND INSURANCE *Original authority: 192.360, RSMo 2013 and 330.140, RSMo 1945, amended 1981, 1993, 1995, 1998.