334.102. License hearing, expedited when, procedure--order of suspension or restriction, issued when--temporary order to become final, when, full hearing, procedure.
License hearing, expedited when, procedure--order of suspension orrestriction, issued when--temporary order to become final, when,full hearing, procedure.
334.102. 1. Upon receipt of information that the holderof any certificate of registration or authority, permit orlicense issued pursuant to this chapter may present a clear andpresent danger to the public health and safety, the executivesecretary or director shall direct that the information bebrought to the board in the form of sworn testimony oraffidavits during a meeting of the board.
2. The board may issue an order suspending and/orrestricting the holder of a certificate of registration orauthority, permit or license if it believes:
(1) The licensee's acts, conduct or condition may haveviolated subsection 2 of section 334.100; and
(2) A licensee is practicing, attempting or intending topractice in Missouri; and
(3) Either a licensee is unable by reason of any physicalor mental condition to receive and evaluate information or tocommunicate decisions to the extent that the licensee'scondition or actions significantly affect the licensee's abilityto practice, or another state, territory, federal agency orcountry has issued an order suspending or restricting the holderof a license or other right to practice a profession regulatedby this chapter, or the licensee has engaged in repeated acts oflife-threatening negligence as defined in subsection 2 ofsection 334.100; and
(4) The acts, conduct or condition of the licenseeconstitute a clear and present danger to the public health andsafety.
3. (1) The order of suspension or restriction:
(a) Shall be based on the sworn testimony or affidavitspresented to the board;
(b) May be issued without notice and hearing to thelicensee;
(c) Shall include the facts which lead the board toconclude that the acts, conduct or condition of the licenseeconstitute a clear and present danger to the public health andsafety; and
(2) The board or the administrative hearing commissionshall serve the licensee, in person or by certified mail, with acopy of the order of suspension or restriction and all sworntestimony or affidavits presented to the board, a copy of thecomplaint and the request for expedited hearing, and a notice ofthe place of and the date upon which the preliminary hearingwill be held.
(3) The order of restriction shall be effective uponservice of the documents required in subdivision (2) of thissubsection.
(4) The order of suspension shall become effective upon theentry of the preliminary order of the administrative hearingcommission.
(5) The licensee may seek a stay order from the circuitcourt of Cole County from the preliminary order of suspension,pending the issuance of a final order by the administrativehearing commission.
4. The board shall file a complaint in the administrativehearing commission with a request for expedited preliminaryhearing and shall certify the order of suspension or restrictionand all sworn testimony or affidavits presented to the board.Immediately upon receipt of a complaint filed pursuant to thissection, the administrative hearing commission shall set theplace and date of the expedited preliminary hearing which shallbe conducted as soon as possible, but not later than five daysafter the date of service upon the licensee. The administrativehearing commission shall grant a licensee's request for acontinuance of the preliminary hearing; however, the board'sorder shall remain in full force and effect until thepreliminary hearing, which shall be held not later thanforty-five days after service of the documents required insubdivision (2) of subsection 3.
5. At the preliminary hearing, the administrative hearingcommission shall receive into evidence all information certifiedby the board and shall only hear evidence on the issue ofwhether the board's order of suspension or restriction should beterminated or modified. Within one hour after the preliminaryhearing, the administrative hearing commission shall issue itsoral or written preliminary order, with or without findings offact and conclusions of law, that either adopts, terminates ormodifies the board's order. The administrative hearingcommission shall reduce to writing any oral preliminary orderwithin five business days, but the effective date of the ordershall be the date orally issued.
6. The preliminary order of the administrative hearingcommission shall become a final order and shall remain in effectfor three years unless either party files a request for a fullhearing on the merits of the complaint filed by the board withinthirty days from the date of the issuance of the preliminaryorder of the administrative hearing commission.
7. Upon receipt of a request for full hearing, theadministrative hearing commission shall set a date for hearingand notify the parties in writing of the time and place of thehearing. If a request for full hearing is timely filed, thepreliminary order of the administrative hearing commission shallremain in effect until the administrative hearing commissionenters an order terminating, modifying, or dismissing itspreliminary order or until the board issues an order ofdiscipline following its consideration of the decision of theadministrative hearing commission pursuant to section 621.110,RSMo, and subsection 3 of section 334.100.
8. In cases where the board initiates summary suspension orrestriction proceedings against a physician licensed pursuant tothis chapter, and said petition is subsequently denied by theadministrative hearing commission, in addition to any award madepursuant to sections 536.085 and 536.087, RSMo, the board, butnot individual members of the board, shall pay actual damagesincurred during any period of suspension or restriction.
9. Notwithstanding the provisions of this chapter or chapter610, RSMo, or chapter 621, RSMo, to the contrary, the proceedingsunder this section shall be closed and no order shall be madepublic until it is final, for purposes of appeal.
10. The burden of proving the elements listed in subsection2 of this section shall be upon the state board of registrationfor the healing arts.
(L. 1986 S.B. 663, A.L. 1990 S.B. 737)