324.171. Refusal to issue a certificate of registration or authority, permit, or license, when. - Missouri Statutes

Refusal to issue a certificate of registration or authority, permit,or license, when.

324.171. 1. The board may refuse to issue any certificate ofregistration or authority, permit, or license required by sections 324.125to 324.183 for one or any combination of causes listed in subsection 2 ofthis section. The board shall notify the applicant in writing of thereasons for the refusal and shall advise the applicant of the applicant'sright to file a complaint with the administrative hearing commission asprovided in chapter 621, RSMo.

2. The board may cause a complaint to be filed with theadministrative hearing commission as provided in chapter 621, RSMo, againstany holder of any certificate of registration or authority, permit, orlicense required by sections 324.125 to 324.183 or any person who hasfailed to renew or has surrendered his or her certificate of registrationor authority, permit, or license for any one or combination of thefollowing causes:

(1) Any violation of sections 324.125 to 324.183;

(2) Any violation of a rule or code of ethics adopted by the board;or

(3) Unprofessional conduct, which includes, but is not limited to,the following:

(a) Incompetence or gross negligence in carrying out usual perfusionfunctions;

(b) A conviction of practicing perfusion without a license or aprovisional license;

(c) The use of advertising relating to perfusion in a way thatviolates state law;

(d) Procuring a license or provisional license by fraud,misrepresentation or mistake;

(e) Making or giving any false statement or information in connectionwith the application for a license or provisional license;

(f) Conviction of a felony or of any offense substantially related tothe qualifications, functions and duties of a perfusionist, in which eventthe record of the conviction shall be conclusive evidence of such offense;or

(g) Impersonating an applicant or acting as proxy for an applicant inany examination required pursuant to sections 324.125 to 324.183 for theissuance of a license.

3. After the filing of such complaint, the proceedings shall beconducted in accordance with chapter 621, RSMo. Upon a finding by theadministrative hearing commission that the grounds in subsection 2 of thissection for disciplinary action are met, the board may, singly or incombination:

(1) Reprimand or place the person on probation on such terms andconditions as the board deems appropriate for a period not to exceed tenyears; or

(2) Suspend the person's license, certificate, or permit for a periodnot to exceed three years; or

(3) Revoke the person's license, certificate, or permit.

(L. 1997 S.B. 141 § 31, A.L. 2002 H.B. 1937)