329.140. Denial, revocation or suspension of license, grounds for--discipline. - Missouri Statutes

Denial, revocation or suspension of license, grounds for--discipline.

329.140. 1. The board may refuse to issue any certificate ofregistration or authority, permit or license required pursuant to thischapter for one or any combination of causes stated in subsection 2 of thissection. The board shall notify the applicant in writing of the reasonsfor the refusal and shall advise the applicant of the applicant's right tofile a complaint with the administrative hearing commission as provided bychapter 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 certificate of registration or authority, permit orlicense required by this chapter or any person who has failed to renew orhas surrendered the person's certificate of registration or authority,permit or license for any one or any combination of the following causes:

(1) Use or illegal possession of any controlled substance, as definedin chapter 195, RSMo; use of an alcoholic beverage to an extent that suchuse impairs a person's ability to perform the work of any professionlicensed or regulated by this chapter;

(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 certificate of registration or authority, permit or license issuedpursuant to this chapter or in obtaining permission to take any examinationgiven or required pursuant to this chapter;

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

(5) Incompetence, 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 certificate of registrationor authority, permit or license or allowing any person to use his or hercertificate of registration or authority, permit, license or diploma fromany school;

(8) Disciplinary action against the holder of a license or otherright to practice any profession regulated by this chapter granted byanother state, territory, federal agency or country upon grounds for whichrevocation or suspension is authorized in this state;

(9) A person is finally adjudged insane or incompetent by a court ofcompetent 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 under this chapter;

(11) Issuance of a certificate of registration or authority, permitor license based upon a material mistake of fact;

(12) Failure to display a valid license if so required by thischapter or any rule promulgated hereunder;

(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;

(15) Failure or refusal to properly guard against contagious,infectious or communicable diseases or the spread thereof.

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, for disciplinary action are met, the board may, singly orin combination, censure or place the person named in the complaint onprobation on such terms and conditions as the board deems appropriate for aperiod not to exceed five years, or may suspend, for a period not to exceedthree years, or revoke the license, certificate, or permit.

4. The board, acting upon its own knowledge or written or verifiedcomplaint filed by any person, may discipline a person as provided insubsections 1 to 3 of this section or the board may bring an action toenjoin any person, firm or corporation from engaging in an occupationregulated by the provisions of this chapter, if such person, firm orcorporation without being licensed to do so by the board, engages in orpractices an occupation licensed pursuant to this chapter. The actionshall be brought in the county in which such person resides, or, in thecase of a firm or corporation, where the firm or corporation maintains itsprincipal office; and, unless it appears that such person, firm orcorporation so engaging or practicing such occupation is licensed, theinjunction shall be issued, and such person, firm or corporation shall beperpetually enjoined from engaging in such activities throughout the state.

(RSMo 1939 § 9823, A.L. 1945 p. 959, A.L. 1951 p. 732, A.L. 1979 H.B. 140, A.L. 1981 S.B. 16, A.L. 1995 S.B. 292, A.L. 1998 H.B. 1601, et al.)

Prior revision: 1929 § 9102