324.038. Issuance of license subject to probation permitted, when, procedure. - Missouri Statutes

Issuance of license subject to probation permitted, when, procedure.

324.038. 1. Whenever a board within or assigned to the division ofprofessional registration, including the division itself when so empowered,may refuse to issue a license for reasons which also serve as a basis forfiling a complaint with the administrative hearing commission seekingdisciplinary action against a holder of a license, the board, as analternative to refusing to issue a license, may, at its discretion, issueto an applicant a license subject to probation.

2. The board shall notify the applicant in writing of the terms ofthe probation imposed, the basis therefor, and the date such action shallbecome effective. The notice shall also advise the applicant of the rightto a hearing before the administrative hearing commission, if the applicantfiles a complaint with the administrative hearing commission within thirtydays of the date of delivery or mailing by certified mail of written noticeof the probation. If the board issues a probated license, the applicantmay file, within thirty days of the date of delivery or mailing bycertified mail of written notice of the probation, a written complaint withthe administrative hearing commission seeking review of the board'sdetermination. Such complaint shall set forth that the applicant orlicensee is qualified for nonprobated licensure pursuant to the laws andadministrative regulations relating to his or her profession. Upon receiptof such complaint the administrative hearing commission shall cause a copyof such complaint to be served upon the board by certified mail or bydelivery of such copy to the office of the board, together with a notice ofthe place of and the date upon which the hearing on such complaint will beheld. Hearings shall be held pursuant to chapter 621, RSMo. The burdenshall be on the board to demonstrate the existence of the basis forimposing probation on the licensee. If no written request for a hearing isreceived by the administrative hearing commission within the thirty-dayperiod, the right to seek review of the board's decision shall beconsidered waived.

3. If the probation imposed includes restrictions or limitations onthe scope of practice, the license issued shall plainly state suchrestriction or limitation. When such restriction or limitation is removed,a new license shall be issued.

(L. 2008 S.B. 788)