327.441. Denial, revocation, or suspension of license or certificate, grounds for.

MISSOURI STATUTES AND CODES

327.441. Denial, revocation, or suspension of license or certificate, grounds for.

Denial, revocation, or suspension of license or certificate, groundsfor.

327.441. 1. The board may refuse to issue any license or certificateof authority required pursuant to this chapter for one or any combinationof causes stated in subsection 2 of this section. The board shall notifythe applicant in writing of the reasons for the refusal and shall advisethe applicant of the applicant's right to file a complaint with theadministrative hearing commission as provided by chapter 621, RSMo.

2. The board may cause a complaint to be filed with theadministrative hearing commission as provided by chapter 621, RSMo, againstany holder of any license or certificate of authority required by thischapter or any person who has failed to renew or has surrendered suchperson's license or certificate of authority, for any one or anycombination of the following causes:

(1) Use of any controlled substance, as defined in chapter 195, RSMo,or alcoholic beverage to an extent that such use impairs a person's abilityto perform the work of any profession licensed or regulated by thischapter;

(2) The person has been finally adjudicated and found guilty, orentered a plea of guilty or nolo contendere, in a criminal prosecutionunder the laws of any state or of the United States, for any offensereasonably related to the qualifications, functions or duties of anyprofession licensed or regulated under this chapter, 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 license or certificate of authority issued pursuant to this chapter orin obtaining permission to take any examination given or required pursuantto this chapter;

(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 profession licensed or regulated by this chapter;

(6) Violation of, or assisting or enabling any person to violate, anyprovision of this chapter, or of any lawful rule or regulation adoptedpursuant to this chapter;

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

(8) Disciplinary action against the holder of a license or acertificate of authority, or other right to practice any professionregulated by this chapter granted by another state, territory, federalagency or country upon grounds for which revocation or suspension isauthorized in this state;

(9) A person is finally adjudged incapacitated or disabled by a courtof competent jurisdiction;

(10) Assisting or enabling any person to practice or offer topractice any profession licensed or regulated by this chapter who is notlicensed and currently eligible to practice pursuant to this chapter;

(11) Issuance of a professional license or a certificate of authoritybased upon a material mistake of fact;

(12) Failure to display a valid license or certificate of authorityif so required by this chapter or any rule promulgated pursuant to thischapter;

(13) Violation of any professional trust or confidence;

(14) 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.

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, the boardmay, singly or in combination, censure or place the person named in thecomplaint on probation on such terms and conditions as the board deemsappropriate for a period not to exceed five years, or may suspend, for aperiod not to exceed three years, or order a civil penalty under section327.077, or revoke the license or certificate of authority of the personnamed in the complaint.