Missouri Revised Statutes
Chapter 334 - Physicians and Surgeons — Therapists — Athletic Trainers — Health Care Providers
Section 334.040 - Examination of applicants, how conducted, grades required, time limitations, extensions.

Effective - 28 Aug 2016, 5 histories
334.040. Examination of applicants, how conducted, grades required, time limitations, extensions. — 1. Except as provided in section 334.260, all persons desiring to practice as physicians and surgeons in this state shall be examined as to their fitness to engage in such practice by the board. All persons applying for examination shall file a completed application with the board upon forms furnished by the board.
2. The examination shall be sufficient to test the applicant's fitness to practice as a physician and surgeon. The examination shall be conducted in such a manner as to conceal the identity of the applicant until all examinations have been scored. In all such examinations an average score of not less than seventy-five percent is required to pass; provided, however, that the board may require applicants to take the Federation Licensing Examination, also known as FLEX, or the United States Medical Licensing Examination (USMLE). If the FLEX examination is required, a weighted average score of no less than seventy-five is required to pass. Scores from one test administration of an examination shall not be combined or averaged with scores from other test administrations to achieve a passing score. Applicants graduating from a medical or osteopathic college, as described in section 334.031 prior to January 1, 1994, shall provide proof of successful completion of the FLEX, USMLE, the National Board of Osteopathic Medical Examiners Comprehensive Licensing Exam (COMLEX), a state board examination approved by the board, compliance with subsection 2 of section 334.031, or compliance with 20 CSR 2150- 2.005. Applicants graduating from a medical or osteopathic college, as described in section 334.031 on or after January 1, 1994, must provide proof of successful completion of the USMLE or the COMLEX or provide proof of compliance with subsection 2 of section 334.031. The board shall not issue a permanent license as a physician and surgeon or allow the Missouri state board examination to be administered to any applicant who has failed to achieve a passing score within three attempts on licensing examinations administered in one or more states or territories of the United States, the District of Columbia or Canada. The steps one, two and three of the United States Medical Licensing Examination or the National Board of Osteopathic Medical Examiners Comprehensive Licensing Exam shall be taken within a seven-year period with no more than three attempts on any step of the examination; however, the board may grant an extension of the seven-year period if the applicant has obtained a MD/PhD degree in a program accredited by the Liaison Committee on Medical Education (LCME) and a regional university accrediting body or a DO/PhD degree accredited by the American Osteopathic Association and a regional university accrediting body. The board may waive the provisions of this section if the applicant is licensed to practice as a physician and surgeon in another state of the United States, the District of Columbia or Canada and the applicant has achieved a passing score on a licensing examination administered in a state or territory of the United States or the District of Columbia and no license issued to the applicant has been disciplined in any state or territory of the United States or the District of Columbia.
3. If the board waives the provisions of this section, then the license issued to the applicant may be limited or restricted to the applicant's board specialty. The board shall not be permitted to favor any particular school or system of healing.
4. If an applicant has not actively engaged in the practice of clinical medicine or held a teaching or faculty position in a medical or osteopathic school approved by the American Medical Association, the Liaison Committee on Medical Education, or the American Osteopathic Association for any two years in the three-year period immediately preceding the filing of his or her application for licensure, the board may require successful completion of another examination, continuing medical education, or further training before issuing a permanent license. The board shall adopt rules to prescribe the form and manner of such reexamination, continuing medical education, and training.
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(RSMo 1939 § 9983, A.L. 1941 p. 418, A.L. 1945 p. 1147, A.L. 1951 p. 727, A.L. 1959 S.B. 50 § 3, A.L. 1981 S.B. 16, A.L. 1993 H.B. 564 and H.B. 590, A.L. 1996 H.B. 1473, A.L. 1997 S.B. 141, A.L. 2000 H.B. 1848, A.L. 2011 H.B. 265, A.L. 2013 H.B. 315, A.L. 2016 H.B. 1682 merged with H.B. 1816)

Structure Missouri Revised Statutes

Missouri Revised Statutes

Title XXII - Occupations and Professions

Chapter 334 - Physicians and Surgeons — Therapists — Athletic Trainers — Health Care Providers

Section 334.001 - Open records subject to release — board disclosure of confidential information, when.

Section 334.002 - Inactive license status granted, when.

Section 334.010 - Unauthorized practice of medicine and surgery prohibited — practice of medicine across state lines, definition — sports-related medical services, inapplicability.

Section 334.020 - Board defined.

Section 334.021 - Reference to terms in prior laws, how construed — no hiring discrimination permitted based on medical degree held.

Section 334.031 - Qualifications of candidates for licenses.

Section 334.035 - Application for permanent license, postgraduate training requirement.

Section 334.036 - Assistant physicians — definitions — limitation on practice — licensure, rulemaking authority — collaborative practice arrangements — insurance reimbursement.

Section 334.037 - Assistant physicians, collaborative practice arrangements, requirements — rulemaking authority — identification badges required, when — prescriptive authority.

Section 334.038 - Assistant physicians, program to serve in medically underserved areas, requirements — fund created — grant eligibility — rulemaking authority.

Section 334.040 - Examination of applicants, how conducted, grades required, time limitations, extensions.

Section 334.043 - Reciprocity — reciprocal compacts — fee.

Section 334.044 - Gratuitous medical services, summer camps, physician licensed in other state may perform, when.

Section 334.045 - Temporary license granted, when, fee — conditional temporary license issued, when, limitations, expires when — no renewal.

Section 334.046 - Temporary license to teach for physicians, requirements — interns or residents from adjoining states may act in this state, requirements — waivers granted for temporarily licensed physicians seeking permanent license.

Section 334.047 - License to show degree held by licensee — use on stationery and displays required.

Section 334.050 - Board fund created, use — funds transferred to general revenue, when — examination and reexamination fees.

Section 334.070 - Issuance of certificates of registration to licensees, contents — relocation, notification required.

Section 334.073 - Continuing medical education on autism required.

Section 334.075 - Renewal of certificate, minimum continuing education requirement, exception, retired physicians.

Section 334.080 - Licensees to renew registration, when — application, content — failure to renew, effect.

Section 334.090 - Fees, amounts, how set.

Section 334.097 - Medical records, maintenance of, requirements, contents — corrections, additions, and changes.

Section 334.098 - Disposition of certain records.

Section 334.099 - Contested hearing, when, procedure — revocation of license, when — hearing to resume practice, when — rulemaking authority.

Section 334.100 - Denial, revocation or suspension of license, alternatives, grounds for — reinstatement provisions.

Section 334.101 - List, publication of all licensees and of persons whose licenses have been revoked, when — reports of disciplinary actions, exception, voluntary entrance into treatment programs.

Section 334.102 - Emergency suspension or restriction, when, procedure — removal from record, when — disciplinary proceedings permitted, when — judicial review, when.

Section 334.103 - Automatic revocation or reinstatement of license, grounds.

Section 334.104 - Collaborative practice arrangements, form, contents, delegation of authority — rules, approval, restrictions — disciplinary actions — notice of collaborative practice or physician assistant agreements to board, when — certain nurses...

Section 334.105 - Intractable pain treatment act — definitions.

Section 334.106 - Intractable pain treatment physician may prescribe controlled substances for therapeutic purposes, requirements — exceptions.

Section 334.107 - Improperly prescribing controlled substances and failure to keep required records grounds for license denial, suspension or revocation.

Section 334.108 - Telemedicine or internet prescriptions and treatment, establishment of physician-patient relationship required.

Section 334.110 - Retired licensees not required to register.

Section 334.112 - Limited license to practice medicine, requirements — limitations of practice.

Section 334.120 - Board created — members, appointment, qualifications, terms, compensation.

Section 334.123 - Organization of board — employment of executive director and employees — meetings — records as evidence — quorum.

Section 334.125 - Seal — regulations — offices — rulemaking, procedure, this chapter.

Section 334.127 - Subpoenas for witnesses, administration of oaths — enforcing subpoena, procedure.

Section 334.128 - Investigation and hearings, persons participating not to be liable for civil damages, when.

Section 334.150 - Treatments of ill excepted from regulation by this chapter.

Section 334.153 - Intervention pain management, practice of only by licensed physician, when — board to promulgate rules — expiration date.

Section 334.155 - Applicability of chapter.

Section 334.157 - Board to promulgate certain rules relating to vaccines and immunizations.

Section 334.160 - Right of school to recognition, how determined.

Section 334.170 - Issuance or acceptance of false diploma or certificate, misdemeanor.

Section 334.190 - Practice of midwifery limited.

Section 334.230 - Unlawful practices, injunction procedure.

Section 334.240 - Investigation and commencement of prosecutions.

Section 334.245 - Abortions, only physicians to perform — violations, penalty.

Section 334.250 - Unlawful practice, fraudulent filing of license or identification, penalties.

Section 334.252 - Physicians prohibited referral to certain physical therapists, definitions.

Section 334.253 - Physicians prohibited referral to certain physical therapists, when, financial relationship, defined — exceptions, effective when.

Section 334.260 - Midwives licensed.

Section 334.265 - Intoxicated person, motor vehicle accident, treatment for injuries, physician may report to law enforcement agencies, rule of confidentiality not to apply.

Section 334.285 - Maintenance of licensure or certification, requirement by state prohibited — definitions.

Section 334.400 - Definitions.

Section 334.402 - Anesthesiologist assistants, may assist in anesthesia care plan for patients, activities authorized and prohibited — identification, assistants and students — faculty members of anesthesia program, requirements.

Section 334.404 - Licensure, application, fee, contents — license duration — renewal — lost or stolen license, replacement of.

Section 334.406 - Temporary license issued, when, procedure.

Section 334.408 - Inactive license status granted, when — return to active status, procedure.

Section 334.410 - Retirement, affidavit to be filed with board — renewal of registration for resumption of practice.

Section 334.412 - Licensure without examination permitted, when — reciprocal compacts permitted.

Section 334.414 - Certificate of registration issued, when — rules promulgated by board — authority of board — complaint procedure — penalty.

Section 334.416 - Renewal of certificate of registration, when, procedure, fee.

Section 334.418 - Certificate required to practice, not required, when.

Section 334.420 - Continuing education requirements, waiver of requirements, when.

Section 334.422 - Fees, deposit in board of registration for the healing arts fund, use of funds.

Section 334.424 - Supervision required by anesthesiologist, limitations — written practice protocol required.

Section 334.426 - Hospitals may limit function of anesthesiologist assistants, procedure.

Section 334.428 - Anesthesiologist assistant, use of title permitted, when — penalty.

Section 334.430 - Advisory commission for anesthesiologist assistants established, duties, members, qualifications, terms, vacancies, compensation, annual meetings.

Section 334.500 - Definitions.

Section 334.506 - Physical therapists may provide certain services without prescription or direction of an approved health care provider, when — limitations.

Section 334.507 - Continuing education requirements.

Section 334.510 - License required, effective when.

Section 334.520 - Board to license.

Section 334.525 - Inactive license status permitted, when, procedure.

Section 334.530 - Qualifications for license — examinations, scope.

Section 334.540 - License without examination, when — reciprocal agreements authorized.

Section 334.550 - Temporary license, issuance, fees.

Section 334.560 - Examination fees, reexamination.

Section 334.570 - Certificate of registration — notice to renew — fees — display of certificate, requirements.

Section 334.580 - Registration, fee.

Section 334.600 - Affidavit of retirement.

Section 334.601 - Fees to be set by board.

Section 334.602 - Patient record documentation requirements.

Section 334.610 - License to practice required, exceptions — unauthorized use of titles prohibited.

Section 334.611 - Examination not required, when.

Section 334.612 - Complaints by persons incarcerated, no documentation or disciplinary action permitted, when — destruction of records permitted, when.

Section 334.613 - Refusal to issue or renew a license, procedure — complaint may be filed, when, requirements for proceedings on — disciplinary action authorized.

Section 334.614 - Licensed physical therapists, board to publish list of and make a report on disciplinary actions available to the public.

Section 334.615 - Clear and present danger, information to be brought to board — sanctioning authority — hearing required, when, procedure.

Section 334.616 - Automatic revocation of licensure, when.

Section 334.617 - Injunction or restraining order authorized, when.

Section 334.618 - Investigation and filing of complaints for violations.

Section 334.620 - Short title.

Section 334.625 - Advisory commission for physical therapists created — powers and duties — appointment, terms, expenses, compensation, staff, meetings, quorum.

Section 334.650 - Physical therapist assistant, license required — supervision by licensed physical therapist.

Section 334.655 - Physical therapist assistant, educational requirements — board examination, applications — written examination — examination topics — examination not required, when.

Section 334.660 - Reciprocity with other states.

Section 334.665 - Temporary license — fee authorized — expires, when.

Section 334.670 - Examination fee.

Section 334.675 - Renewal of license, application, fee — display of license, requirements.

Section 334.680 - Fees deposited in state treasury.

Section 334.685 - Retirement of physical therapist assistant, affidavit.

Section 334.686 - Titles authorized.

Section 334.687 - Rulemaking authority.

Section 334.700 - Short title.

Section 334.702 - Definitions.

Section 334.703 - Referral to physician, when — limitations on scope of practice.

Section 334.704 - Athletic trainers required to be licensed.

Section 334.706 - Board of healing arts, powers and duties — rules and regulations, procedure.

Section 334.708 - Licensure, examination — reciprocity.

Section 334.710 - Licensure forms and fee — deposit of fees.

Section 334.712 - License issued, when — content.

Section 334.715 - Refusal to issue or renew license, grounds, alternatives — complaint procedure — reinstatement, procedure.

Section 334.717 - Missouri athletic trainer advisory committee, appointment — duties — members, qualifications, terms, vacancies.

Section 334.720 - Compensation of board members.

Section 334.721 - Athletic trainers not to be construed as practicing medicine — persons exempt from registration provision.

Section 334.725 - Violations, penalty.

Section 334.735 - Definitions — scope of practice — prohibited activities — board of healing arts to administer licensing program — duties and liability of physicians — collaborative practice arrangement requirements.

Section 334.736 - Physician assistants, temporary license, requirements, fees, renewal.

Section 334.737 - Certifying entity to register with department — information required — approval or termination of certification after review and public hearing.

Section 334.738 - License, application, form, fee, not refundable — requirements — license issued, when — destroyed license replacement, fee.

Section 334.740 - Title of licensed profession — used only by licensed persons — service may be performed without licensure, when — violation, penalty.

Section 334.741 - Revocation or suspension, notice to department, requirement — list of licensed persons to be available.

Section 334.742 - Nonresident of Missouri may apply for licensure, requirements.

Section 334.743 - Rulemaking, procedure — rules effective, when, void, when.

Section 334.745 - Fees deposited in board of registration for the healing arts fund.

Section 334.746 - Staff for health care provider — certification.

Section 334.747 - Prescribing controlled substances authorized, when — collaborating physicians — certification.

Section 334.748 - Physician assistant, notice required to be posted that assistant is serving — hospital may limit assistant's activities.

Section 334.749 - Advisory commission for physician assistants, established, responsibilities — appointments to commission, members — compensation — annual meeting, elections.

Section 334.800 - Title of act — definitions.

Section 334.810 - Practice of respiratory care, definition — practice, where — practice, special training required, when — rules and regulations, authority to promulgate.

Section 334.820 - License required — practice of medicine not authorized.

Section 334.830 - Missouri board for respiratory care created, members, appointment — terms — physician member — public member — hospital administrator member — respiratory therapist member — removal of a member.

Section 334.840 - Board chairperson elected, vice chairperson — rules and regulations, adoption by board — compensation and expenses.

Section 334.850 - Personnel provided through division of professional registration, duties — rulemaking.

Section 334.860 - Promulgation of rules, authority.

Section 334.870 - Licensing requirements, background checks.

Section 334.880 - License renewal — inactive status.

Section 334.890 - Six-month education permit, requirements — supervision required, when — conditional permit issued, when.

Section 334.900 - Individuals and activities not limited by respiratory care practice act.

Section 334.910 - Complaints received by the board, investigation, subpoenas, petitions, filing complaint with administrative hearing commission.

Section 334.920 - Board powers — disciplining and sanctions — violations, penalty.

Section 334.930 - Immunity from liability for emergency care.

Section 334.950 - Collaboration between providers and medical resource centers — definitions — recommendations — rulemaking authority, SAFE CARE providers.

Section 334.1135 - Joint task force established, members, duties, meetings — report.

Section 334.1200 - Purpose.

Section 334.1203 - Definitions.

Section 334.1206 - State participation in the compact.

Section 334.1209 - Compact privilege.

Section 334.1212 - Active duty military personnel or their spouses

Section 334.1215 - Adverse actions.

Section 334.1218 - Establishment of the physical therapy compact commission.

Section 334.1221 - Data system.

Section 334.1224 - Rulemaking.

Section 334.1227 - Oversight, dispute resolution, and enforcement.

Section 334.1230 - Date of implementation of the interstate commission for physical therapy practice and associated rules, withdrawal, and amendment.

Section 334.1233 - Construction and severability.