190.531. Refusal to issue or denial of renewal of licenses permitted--complaint procedure--rules--immunity from liability, when--suspension of license, when.
Refusal to issue or denial of renewal of licenses permitted--complaintprocedure--rules--immunity from liability, when--suspension oflicense, when.
190.531. 1. The department may refuse to issue or deny renewal ofany license required pursuant to sections 190.525 to 190.537 for failure tocomply with the provisions of sections 190.525 to 190.537 or any lawfulregulations promulgated by the department to implement the provisions ofsections 190.525 to 190.537. The department 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 department may cause a complaint to be filed with theadministrative hearing commission as provided by chapter 621, RSMo, againstany holder of any license required by sections 190.525 to 190.537 or anyperson who has failed to renew or has surrendered his or her license forfailure to comply with the provisions of sections 190.525 to 190.537 or anylawful regulations promulgated by the department to implement suchsections. Those regulations shall be limited to the following:
(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 activity licensedor regulated by sections 190.525 to 190.537;
(2) Being finally adjudicated and found guilty, or having entered aplea of guilty or nolo contendere, in a criminal prosecution pursuant tothe laws of any state or of the United States, for any offense reasonablyrelated to the qualifications, functions or duties of any activity licensedor regulated pursuant to sections 190.525 to 190.537, 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, permit or license issued pursuant to sections 190.525 to190.537 or in obtaining permission to take any examination given orrequired pursuant to sections 190.537 to 190.540;
(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 activity licensed or regulated by sections 190.525 to190.537;
(6) Violation of, or assisting or enabling any person to violate, anyprovision of sections 190.525 to 190.537, or of any lawful rule orregulation adopted by the department pursuant to sections 190.525 to190.537;
(7) Impersonation of any person holding a license or allowing anyperson to use his or her license;
(8) Disciplinary action against the holder of a license or otherright to practice any activity regulated by sections 190.525 to 190.537granted by another state, territory, federal agency or country upon groundsfor which revocation or suspension is authorized in this state;
(9) For an individual, being finally adjudged insane or incompetentby a court of competent jurisdiction;
(10) Issuance of a license based upon a material mistake of fact;
(11) Violation of any professional trust or confidence;
(12) 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;
(13) Violation of the drug laws or rules and regulations of thisstate, any other state or the federal government;
(14) Refusal of any applicant or licensee to cooperate with thedepartment of health and senior services during any investigation;
(15) Any conduct or practice which is or might be harmful ordangerous to the mental or physical health of a patient or the public;
(16) Repeated negligence in the performance of the functions orduties of any activity licensed by this chapter.
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, asprovided in subsection 2 of this section, for disciplinary action are met,the department may, singly or in combination, censure or place the personnamed in the complaint on probation on such terms and conditions as thedepartment deems appropriate for a period not to exceed five years, or maysuspend, for a period not to exceed three years, or revoke the license.
4. 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 department after compliance with all therequirements of sections 190.525 to 190.537 relative to the licensing of anapplicant for the first time.
5. The department may notify the proper licensing authority of anyother state in which the person whose license was suspended or revoked wasalso licensed of the suspension or revocation.
6. Any person, organization, association or corporation who reportsor provides information to the department pursuant to the provisions ofsections 190.525 to 190.537 and who does so in good faith and withoutnegligence shall not be subject to an action for civil damages as a resultthereof.
7. The department of health and senior services may suspend anylicense required pursuant to sections 190.525 to 190.537 simultaneouslywith the filing of the complaint with the administrative hearing commissionas set forth in subsection 2 of this section, if the department finds thatthere is an imminent threat to the public health. The notice of suspensionshall include the basis of the suspension and notice of the right to appealsuch suspension. The licensee may appeal the decision to suspend thelicense to the department. The appeal shall be filed within ten days fromthe date of the filing of the complaint. A hearing shall be conducted bythe department within ten days from the date the appeal is filed. Thesuspension shall continue in effect until the conclusion of theproceedings, including review thereof, unless sooner withdrawn by thedepartment, dissolved by a court of competent jurisdiction or stayed by theadministrative hearing commission.
(L. 2002 S.B. 1107)