337.730. Refusal to issue or renew, grounds, notice, rights of applicant--complaints filed with administrative hearing commission.
Refusal to issue or renew, grounds, notice, rights ofapplicant--complaints filed with administrative hearingcommission.
337.730. 1. The committee may refuse to issue or renew any licenserequired by the provisions of sections 337.700 to 337.739 for one or anycombination of causes stated in subsection 2 of this section. Thecommittee shall notify the applicant in writing of the reasons for therefusal and shall advise the applicant of the applicant's right to file acomplaint with the administrative hearing commission as provided by chapter621, RSMo.
2. The committee 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 337.700 to 337.739 or anyperson who has failed to renew or has surrendered the person's license forany one or any 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 engage in the occupation of marital and family therapist; except thefact that a person has undergone treatment for past substance or alcoholabuse or has participated in a recovery program, shall not by itself because for refusal to issue or renew a license;
(2) The person has been finally adjudicated and found guilty, orentered a plea of guilty in a criminal prosecution under the laws of anystate or of the United States, for any offense reasonably related to thequalifications, functions or duties of a marital and family therapist; forany offense an essential element of which is fraud, dishonesty or an act ofviolence; or for any offense involving moral turpitude, whether or notsentence is imposed;
(3) Use of fraud, deception, misrepresentation or bribery in securingany license issued pursuant to the provisions of sections 337.700 to337.739 or in obtaining permission to take any examination given orrequired pursuant to the provisions of sections 337.700 to 337.739;
(4) Obtaining or attempting to obtain any fee, charge, tuition orother compensation by fraud, deception or misrepresentation;
(5) Incompetency, misconduct, fraud, misrepresentation or dishonestyin the performance of the functions or duties of a marital and familytherapist;
(6) Violation of, or assisting or enabling any person to violate, anyprovision of sections 337.700 to 337.739 or of any lawful rule orregulation adopted pursuant to sections 337.700 to 337.739;
(7) Impersonation of any person holding a license or allowing anyperson to use the person's license or diploma from any school;
(8) Revocation or suspension of a license or other right to practicemarital and family therapy granted by another state, territory, federalagency or country upon grounds for which revocation or suspension isauthorized in this state;
(9) Final adjudication as incapacitated by a court of competentjurisdiction;
(10) Assisting or enabling any person to practice or offer topractice marital and family therapy who is not licensed and is notcurrently eligible to practice under the provisions of sections 337.700 to337.739;
(11) Obtaining a license based upon a material mistake of fact;
(12) Failure to display a valid license if so required by sections337.700 to 337.739 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) Being guilty of unethical conduct as defined in the ethicalstandards for marital and family therapists adopted by the committee byrule and filed with the secretary of state.
3. Any person, organization, association or corporation who reportsor provides information to the committee under sections 337.700 to 337.739and who does so in good faith shall not be subject to an action for civildamages as a result thereof.
4. After filing of such complaint, the proceedings shall be conductedin accordance with the provisions of chapter 621, RSMo. Upon a finding bythe administrative hearing commission that the grounds provided insubsection 2 of this section for disciplinary action are met, the divisionmay censure or place the person named in the complaint on probation on suchterms and conditions as the committee deems appropriate for a period not toexceed five years, or may suspend for a period not to exceed three years,or revoke the license.
(L. 1995 S.B. 69, et al., A.L. 2009 S.B. 296)