340.264. Refusal to issue or renew certificate, grounds--complaint may be filed, grounds--procedure.

MISSOURI STATUTES AND CODES

340.264. Refusal to issue or renew certificate, grounds--complaint may be filed, grounds--procedure.

Refusal to issue or renew certificate, grounds--complaint may befiled, grounds--procedure.

340.264. 1. The board may refuse to issue or renew any certificateof registration or authority, permit or license required pursuant tosections 340.200 to 340.330 for one or any combination of causes stated insubsection 2 of this section. The board shall notify the applicant inwriting of the reasons for the refusal and shall advise the applicant ofhis or her right to file a complaint with the administrative hearingcommission as provided by chapter 621, RSMo.

2. The board may file a complaint with the administrative hearingcommission as provided by chapter 621, RSMo, against any holder of anycertificate of registration or authority, permit or license required bysections 340.200 to 340.330 or any person who has failed to renew or hassurrendered his or her certificate of registration or authority, permit orlicense for any one or combination 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 sections340.200 to 340.330;

(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, territory, district of the United States, orthe United States, for any offense reasonably related to thequalifications, functions or duties of any profession licensed or regulatedunder sections 340.200 to 340.330 or for any offense for which an essentialelement is fraud, dishonesty or an act of violence, or for any offenseinvolving moral turpitude, whether or not sentence is imposed;

(3) Use of fraud, deception, misrepresentation or bribery in securingany certificate of registration or authority, permit or license issuedpursuant to sections 340.200 to 340.330 or in obtaining permission to takeany examination given or required pursuant to sections 340.200 to 340.330;

(4) Misconduct, fraud, misrepresentation, dishonesty, unethicalconduct or unprofessional conduct in the performance of the functions orduties of any profession licensed or regulated by sections 340.200 to340.330, including, but not limited to:

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

(b) Willfully and continually overcharging for services orovertreating patients or charging for services which did not occur unlessthe services were contracted for in advance, or for services which were notrendered or documented in the patient's records, or charging for serviceswhich were not consented to by the owner of the patient or the owner'sagent;

(c) Willfully or continually performing inappropriate or unnecessarytreatment, diagnostic tests or medical or surgical services;

(d) Attempting, directly or indirectly, by intimidation, coercion ordeception to obtain or retain a patient or discourage the owner fromseeking a second opinion or consultation;

(e) Delegating professional responsibilities to a person who is notqualified by training, skill, competency, age, experience, registration orlicensure to perform such responsibilities;

(f) Misrepresenting that any disease or ailment can be cured by amethod, procedure, treatment, medicine or device;

(g) Performing or prescribing medical services which have beendeclared by board rule to be of no medical value;

(h) Final disciplinary action by any professional veterinary medicalassociation or society or licensed hospital or clinic or medical staff ofsuch hospital or clinic in this state or any other state or territory,whether agreed to voluntarily or not, and including, but not limited to,any removal, suspension, limitation, surrender, or restriction of a licenseor staff or hospital or clinic privileges, failure to renew such privilegesor license for cause, or other final disciplinary action, if the action wasrelated to unprofessional conduct, professional incompetence, malpracticeor any other violation of sections 340.200 to 340.330;

(i) Dispensing, prescribing, administering or otherwise distributingany drug, controlled substance or other treatment without sufficientexamination or establishment of a veterinarian-client-patient relationship,or for other medically accepted therapeutic or experimental orinvestigative purposes, or not in the course of professional practice, ornot in good faith to relieve pain and suffering, or not to cure an ailment,physical infirmity or disease; or the dispensing, prescribing,administering or distribution of any drug, controlled substance or othertreatment by anyone other than a properly licensed veterinarian, unlesssuch person is a properly registered veterinary technician, unregisteredassistant, or the patient's owner and then to be limited to administrationof drugs or other treatment under the supervision, control or explicitinstructions of a licensed veterinarian;

(j) Terminating the medical care of a patient without adequate noticeto the owner or without making other arrangements for the continued care ofthe patient;

(k) Failing to furnish details of a patient's medical records toanother treating veterinarian, hospital, clinic, owner, or owner's agentupon proper request or waiver by the owner or owner's agent, or failing tocomply with any other law relating to medical records; except, radiographsprepared by the licensed veterinarian shall remain the property of theveterinarian and shall be returned upon request or as otherwise agreedbetween the veterinarian and client;

(l) Failure of any applicant or licensee to cooperate with the boardduring any investigation, if such investigation does not concern theapplicant or licensee;

(m) Failure to comply with any subpoena or subpoena duces tecum fromthe board or an order of the board;

(n) Failure to timely pay license or registration renewal fees asspecified in sections 340.200 to 340.330;

(o) Violating a probation agreement with the board or any otherlicensing authority of this state, another state or territory of the UnitedStates, or a federal agency;

(p) Violating any informal consent agreement for discipline enteredinto by an applicant or licensee with the board or any other licensingauthority of this state, another state or territory of the United States,or a federal agency;

(q) Failing to inform the board of any change in business orresidential address as required by sections 340.200 to 340.330 oradministrative rule;

(r) Advertising by an applicant or licensee which is false ormisleading, or which violates any rules of the board, or which claimswithout substantiation the positive cure of any disease, or professionalsuperiority to or greater skill than that possessed by any otherveterinarian;

(5) Any conduct or practice which is or might be harmful or dangerousto the health of a patient;

(6) Incompetency, gross negligence or repeated negligence in theperformance of the functions or duties of any profession licensed orregulated by sections 340.200 to 340.330. For purposes of thissubdivision, "repeated negligence" means the failure, on more than oneoccasion, to use that degree of skill and learning ordinarily used underthe same or similar circumstances by members of the profession;

(7) Violation of, or attempting to violate, directly or indirectly,or assisting, or enabling any person to violate, any provisions of sections340.200 to 340.330, or any lawful rule or regulation adopted pursuant tosections 340.200 to 340.330;

(8) Impersonation of any person holding a certificate of registrationor authority, permit or license or allowing any person to use hiscertificate of registration or authority, permit, license or diploma fromany school;

(9) Revocation, suspension, restriction, modification, limitation,reprimand, warning, censure, probation or other final disciplinary actionagainst the holder of, or applicant for, a license or registration or otherright to practice any profession regulated by sections 340.200 to 340.330or by another state, territory, federal agency or country, whether or notvoluntarily agreed to by the licensee or applicant, including, but notlimited to:

(a) Denial of licensure or registration;

(b) Surrender of the license or registration;

(d) Discontinuing or limiting the practice of veterinary medicinewhile subject to an investigation or while actually under investigation byany licensing authority, medical facility, insurance company, court, agencyof the state or federal government, or employer;

(10) Being adjudged incapacitated or disabled by a court of competentjurisdiction;

(11) Assisting or enabling any person to practice or offer topractice any profession licensed or regulated by sections 340.200 to340.330 who is not licensed or registered and currently eligible topractice under sections 340.200 to 340.330, or knowingly performing any actwhich aids, assists, procures, advises, or encourages any person topractice veterinary medicine who is not licensed or registered andcurrently eligible to practice under sections 340.200 to 340.330;

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

(13) Failure to obtain, renew or display a valid certificate,license, permit or notice if required;

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

(15) Knowingly or recklessly making or causing to be made, or aidingor abetting in the making of a false statement or documentation inconnection with the birth, death, or health of any animal, executed inconnection with the practice of his or her profession or failure to filesuch statements or documents with the proper officials of the federal orstate government as provided by law or any rule promulgated under sections340.200 to 340.330;

(16) Soliciting patronage in person or by agents, under his or herown name or under the name of another, actual or pretended, in such amanner as to confuse, deceive or mislead the public as to the need orappropriateness of animal health care or services or the qualifications ofan individual person or persons to diagnose, render, or perform such animalhealth care services;

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

(18) Maintaining an unsanitary office or facility, or performingprofessional services under unsanitary conditions with due considerationgiven to the place where the services are rendered;

(19) Practicing or offering to practice any profession or serviceregulated by sections 340.200 to 340.330 independent of the supervision anddirection of a person licensed under sections 340.200 to 340.330 as aveterinarian in good standing by any candidate for registration or personregistered to practice as a veterinary technician or engaged as anunregistered assistant to a veterinarian;

(20) Treating or attempting to treat ailments or health conditions ofanimals other than as authorized under sections 340.200 to 340.330 or boardrule by any candidate for registration or person registered to practice asa veterinary technician or engaged as an unregistered assistant to alicensed veterinarian;

(21) A pattern of personal use or consumption of any controlledsubstance unless it is prescribed, dispensed or administered by a licensedphysician;

(22) Any revocation, suspension, surrender, limitation or restrictionof any controlled substance authority, whether agreed to voluntarily ornot;

(23) Being unable to practice as a veterinarian or veterinarytechnician with reasonable skill and safety to patients because of illness,drunkenness, excessive use of drugs, narcotics, chemicals, or as a resultof any mental or physical condition;

(24) Violation of any professional trust or confidence;

(25) Failing to obtain or renew any facility permit or to maintainmandatory requirements or minimum standards for any such facility asrequired by sections 340.200 to 340.330 or board rule.

3. If the board files a complaint pursuant to subsection 2 of thissection, the proceedings shall be conducted in accordance with theprovisions of chapter 621, RSMo. If the administrative hearing commissionfinds that grounds provided in this section are met, the board may eithersingly or in combination:

(1) Warn, 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 ten years;

(2) Suspend such license, certificate or permit for a period not toexceed three years;

(3) Restrict or limit the license, certificate or permit for anindefinite period of time;

(4) Revoke such license, certificate or permit;

(5) Administer a public or private reprimand;

(6) Deny the application for a license;

(7) Permanently withhold issuance of a license or certificate;

(8) Require the applicant or licensee to submit to the care,counseling or treatment of physicians designated by the board at theexpense of the person to be examined;

(9) Require the person to attend such continuing educational coursesand pass such examinations as the board may direct.