324.043. Statute of limitations for disciplinary proceedings--notice requirements--tolling, when. - Missouri Statutes

Statute of limitations for disciplinary proceedings--noticerequirements--tolling, when.

324.043. 1. Except as provided in this section, no disciplinaryproceeding against any person or entity licensed, registered, or certifiedto practice a profession within the division of professional registrationshall be initiated unless such action is commenced within three years ofthe date upon which the licensing, registering, or certifying agencyreceived notice of an alleged violation of an applicable statute orregulation.

2. For the purpose of this section, notice shall be limited to:

(1) A written complaint;

(2) Notice of final disposition of a malpractice claim, includingexhaustion of all extraordinary remedies and appeals;

(3) Notice of exhaustion of all extraordinary remedies and appeals ofa conviction based upon a criminal statute of this state, any other state,or the federal government;

(4) Notice of exhaustion of all extraordinary remedies and appeals ina disciplinary action by a hospital, state licensing, registering orcertifying agency, or an agency of the federal government.

3. For the purposes of this section, an action is commenced when acomplaint is filed by the agency with the administrative hearingcommission, any other appropriate agency, or in a court; or when acomplaint is filed by the agency's legal counsel with the agency in respectto an automatic revocation or a probation violation.

4. Disciplinary proceedings based upon repeated negligence shall beexempt from all limitations set forth in this section.

5. Disciplinary proceedings based upon a complaint involving sexualmisconduct shall be exempt from all limitations set forth in this section.

6. Any time limitation provided in this section shall be tolled:

(1) During any time the accused licensee, registrant, or certificantis practicing exclusively outside the state of Missouri or residing outsidethe state of Missouri and not practicing in Missouri;

(2) As to an individual complainant, during the time when suchcomplainant is less than eighteen years of age;

(3) During any time the accused licensee, registrant, or certificantmaintains legal action against the agency; or

(4) When a settlement agreement is offered to the accused licensee,registrant, or certificant, in an attempt to settle such disciplinarymatter without formal proceeding pursuant to section 621.045, RSMo, untilthe accused licensee, registrant, or certificant rejects or accepts thesettlement agreement.

7. The licensing agency may, in its discretion, toll any timelimitation when the accused licensee, registrant, or certificant entersinto and participates in a treatment program for chemical dependency ormental impairment.

(L. 2008 S.B. 788)