190.165. Suspension or revocation of licenses, grounds for.

MISSOURI STATUTES AND CODES

190.165. Suspension or revocation of licenses, grounds for.

Suspension or revocation of licenses, grounds for.

190.165. 1. The department may refuse to issue or deny renewal ofany certificate, permit or license required pursuant to sections 190.100 to190.245 for failure to comply with the provisions of sections 190.100 to190.245 or any lawful regulations promulgated by the department toimplement its provisions as described in subsection 2 of this section. Thedepartment shall notify the applicant in writing of the reasons for therefusal and shall advise the applicant of his or her right to file acomplaint with the administrative hearing commission as provided by chapter621, RSMo.

2. The department may cause a complaint to be filed with theadministrative hearing commission as provided by chapter 621, RSMo, againstany holder of any certificate, permit or license required by sections190.100 to 190.245 or any person who has failed to renew or has surrenderedhis or her certificate, permit or license for failure to comply with theprovisions of sections 190.100 to 190.245 or any lawful regulationspromulgated by the department to implement such sections. Thoseregulations shall be limited to the following:

(1) Use or unlawful possession of any controlled substance, asdefined in chapter 195, RSMo, or alcoholic beverage to an extent that suchuse impairs a person's ability to perform the work of any activity licensedor regulated by sections 190.100 to 190.245;

(2) Being finally adjudicated and found guilty, or having entered aplea of guilty or nolo contendere, in a criminal prosecution under the lawsof any state or of the United States, for any offense reasonably related tothe qualifications, functions or duties of any activity licensed orregulated pursuant to sections 190.100 to 190.245, for any offense anessential element of which is fraud, dishonesty or an act of violence, orfor any offense involving moral turpitude, whether or not sentence isimposed;

(3) Use of fraud, deception, misrepresentation or bribery in securingany certificate, permit or license issued pursuant to sections 190.100 to190.245 or in obtaining permission to take any examination given orrequired pursuant to sections 190.100 to 190.245;

(4) Obtaining or attempting to obtain any fee, charge, tuition orother compensation by fraud, deception or misrepresentation;

(5) Incompetency, misconduct, gross negligence, fraud,misrepresentation or dishonesty in the performance of the functions orduties of any activity licensed or regulated by sections 190.100 to190.245;

(6) Violation of, or assisting or enabling any person to violate, anyprovision of sections 190.100 to 190.245, or of any lawful rule orregulation adopted by the department pursuant to sections 190.100 to190.245;

(7) Impersonation of any person holding a certificate, permit orlicense or allowing any person to use his or her certificate, permit,license or diploma from any school;

(8) Disciplinary action against the holder of a license or otherright to practice any activity regulated by sections 190.100 to 190.245granted by another state, territory, federal agency or country upon groundsfor which revocation or suspension is authorized in this state;

(9) For an individual being finally adjudged insane or incompetent bya court of competent jurisdiction;

(10) Assisting or enabling any person to practice or offer topractice any activity licensed or regulated by sections 190.100 to 190.245who is not licensed and currently eligible to practice pursuant to sections190.100 to 190.245;

(11) Issuance of a certificate, permit or license based upon amaterial mistake of fact;

(12) Violation of any professional trust or confidence;

(13) Use of any advertisement or solicitation which is false,misleading or deceptive to the general public or persons to whom theadvertisement or solicitation is primarily directed;

(14) Violation of the drug laws or rules and regulations of thisstate, any other state or the federal government;

(15) Refusal of any applicant or licensee to cooperate with thedepartment of health and senior services during any investigation;

(16) Any conduct or practice which is or might be harmful ordangerous to the mental or physical health of a patient or the public;

(17) Repeated negligence in the performance of the functions orduties of any activity licensed or regulated by sections 190.100 to190.245.

3. After the filing of such complaint, the proceedings shall beconducted in accordance with the provisions of chapter 621, RSMo. Upon afinding by the administrative hearing commission that the grounds, providedin subsection 2 of this section, for disciplinary action are met, thedepartment may, singly or in combination, censure or place the person namedin the complaint on probation on such terms and conditions as thedepartment deems appropriate for a period not to exceed five years, or maysuspend, for a period not to exceed three years, or revoke the license,certificate or permit.

4. An individual whose license has been revoked shall wait one yearfrom the date of revocation to apply for relicensure. Relicensure shall beat the discretion of the department after compliance with all therequirements of sections 190.100 to 190.245 relative to the licensing of anapplicant for the first time. Any individual whose license has beenrevoked twice within a ten-year period shall not be eligible forrelicensure.

5. The department may notify the proper licensing authority of anyother state in which the person whose license was suspended or revoked wasalso licensed of the suspension or revocation.

6. Any person, organization, association or corporation who reportsor provides information to the department pursuant to the provisions ofsections 190.100 to 190.245 and who does so in good faith shall not besubject to an action for civil damages as a result thereof.

7. The department of health and senior services may suspend anycertificate, permit or license required pursuant to sections 190.100 to190.245 simultaneously with the filing of the complaint with theadministrative hearing commission as set forth in subsection 2 of thissection, if the department finds that there is an imminent threat to thepublic health. The notice of suspension shall include the basis of thesuspension and notice of the right to appeal such suspension. The licenseemay appeal the decision to suspend the license, certificate or permit tothe department. The appeal shall be filed within ten days from the date ofthe filing of the complaint. A hearing shall be conducted by thedepartment within ten days from the date the appeal is filed. Thesuspension shall continue in effect until the conclusion of theproceedings, including review thereof, unless sooner withdrawn by thedepartment, dissolved by a court of competent jurisdiction or stayed by theadministrative hearing commission.