335.066. Denial, revocation, or suspension of license, grounds for, civil immunity for providing information--complaint procedures. - Missouri Statutes

Denial, revocation, or suspension of license, grounds for, civilimmunity for providing information--complaint procedures.

335.066. 1. The board may refuse to issue or reinstate anycertificate of registration or authority, permit or license requiredpursuant to chapter 335 for one or any combination of causes stated insubsection 2 of this section or the board may, as a condition to issuing orreinstating any such permit or license, require a person to submit himselfor herself for identification, intervention, treatment, or rehabilitationby the impaired nurse program as provided in section 335.067. The boardshall notify the applicant in writing of the reasons for the refusal andshall advise the applicant of his or her 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 certificate of registration or authority, permit orlicense required by sections 335.011 to 335.096 or any person who hasfailed to renew or has surrendered his or her certificate of registrationor authority, permit or license for any one or any combination of thefollowing causes:

(1) Use or unlawful possession of any controlled substance, asdefined in chapter 195, RSMo, or alcoholic beverage to an extent that suchuse impairs a person's ability to perform the work of any professionlicensed or regulated by sections 335.011 to 335.096;

(2) The person has been finally adjudicated and found guilty, orentered a plea of guilty or nolo contendere, in a criminal prosecutionpursuant to 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 pursuant to sections 335.011 to 335.096,for any offense an essential element of which is fraud, dishonesty or anact of violence, or for any offense involving moral turpitude, whether ornot sentence is imposed;

(3) Use of fraud, deception, misrepresentation or bribery in securingany certificate of registration or authority, permit or license issuedpursuant to sections 335.011 to 335.096 or in obtaining permission to takeany examination given or required pursuant to sections 335.011 to 335.096;

(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 sections 335.011 to335.096;

(6) Violation of, or assisting or enabling any person to violate, anyprovision of sections 335.011 to 335.096, or of any lawful rule orregulation adopted pursuant to sections 335.011 to 335.096;

(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 sections 335.011 to 335.096granted by another state, territory, federal agency or country upon groundsfor which revocation 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 sections 335.011 to335.096 who is not registered and currently eligible to practice pursuantto sections 335.011 to 335.096;

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

(12) Violation of any professional trust or confidence;

(13) 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;

(14) Violation of the drug laws or rules and regulations of thisstate, any other state or the federal government;

(15) Placement on an employee disqualification list or other relatedrestriction or finding pertaining to employment within a health-relatedprofession issued by any state or federal government or agency followingfinal disposition by such state or federal government or agency;

(16) Failure to successfully complete the impaired nurse program.

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 revoke the license, certificate, orpermit.

4. For any hearing before the full board, the board shall cause thenotice of the hearing to be served upon such licensee in person or bycertified mail to the licensee at the licensee's last known address. Ifservice cannot be accomplished in person or by certified mail, notice bypublication as described in subsection 3 of section 506.160, RSMo, shall beallowed; any representative of the board is authorized to act as a court orjudge would in that section; any employee of the board is authorized to actas a clerk would in that section.

5. An individual whose license has been revoked shall wait one yearfrom the date of revocation to apply for relicensure. Relicensure shall beat the discretion of the board after compliance with all the requirementsof sections 335.011 to 335.096 relative to the licensing of an applicantfor the first time.

6. The board may notify the proper licensing authority of any otherstate concerning the final disciplinary action determined by the board on alicense in which the person whose license was suspended or revoked was alsolicensed of the suspension or revocation.

7. Any person, organization, association or corporation who reportsor provides information to the board of nursing pursuant to the provisionsof sections 335.011 to 335.259* and who does so in good faith shall not besubject to an action for civil damages as a result thereof.

8. If the board concludes that a nurse has committed an act or isengaging in a course of conduct which would be grounds for disciplinaryaction which constitutes a clear and present danger to the public healthand safety, the board may file a complaint before the administrativehearing commission requesting an expedited hearing and specifying theactivities which give rise to the danger and the nature of the proposedrestriction or suspension of the nurse's license. Within fifteen daysafter service of the complaint on the nurse, the administrative hearingcommission shall conduct a preliminary hearing to determine whether thealleged activities of the nurse appear to constitute a clear and presentdanger to the public health and safety which justify that the nurse'slicense be immediately restricted or suspended. The burden of proving thata nurse is a clear and present danger to the public health and safety shallbe upon the state board of nursing. The administrative hearing commissionshall issue its decision immediately after the hearing and shall eithergrant to the board the authority to suspend or restrict the license ordismiss the action.

9. If the administrative hearing commission grants temporaryauthority to the board to restrict or suspend the nurse's license, suchtemporary authority of the board shall become final authority if there isno request by the nurse for a full hearing within thirty days of thepreliminary hearing. The administrative hearing commission shall, ifrequested by the nurse named in the complaint, set a date to hold a fullhearing under the provisions of chapter 621, RSMo, regarding the activitiesalleged in the initial complaint filed by the board.

10. If the administrative hearing commission refuses to granttemporary authority to the board or restrict or suspend the nurse's licenseunder subsection 8 of this section, such dismissal shall not bar the boardfrom initiating a subsequent disciplinary action on the same grounds.

(L. 1975 S.B. 108 § 12, A.L. 1981 S.B. 16, A.L. 1995 S.B. 452, A.L. 1999 H.B. 343, A.L. 2007 H.B. 780 merged with S.B. 308)

*Section 335.259 was repealed by S.B. 52 § A, 1993.

(2000) Allegation of violation of drug laws requires State Board of Nursing to prove by a preponderance of the evidence that a nurse knowingly and intentionally possessed controlled substances. State Board of Nursing v. Berry, 32 S.W.3d 638 (Mo.App.W.D.).

(2001) Statements made in incident report by hospital to State Board of Nursing about nurse were not, in absence of actual proceedings pending against that nurse, entitled to absolute immunity from nurse's libel claim. Haynes-Wilkinson v. Barnes-Jewish Hospital, 131 F.Supp.2d 1140 (E.D.Mo.).