Effective - 28 Aug 2020, 4 histories
334.715. Refusal to issue or renew license, grounds, alternatives — complaint procedure — reinstatement, procedure. — 1. The board may refuse to issue or renew any license required under sections 334.700 to 334.725 for one or any combination of causes listed in subsection 2 of this section or any cause listed in section 334.100. The board shall notify the applicant in writing of the reasons for the refusal and shall advise the applicant of the applicant's right to file a complaint with the administrative hearing commission as provided in chapter 621. As an alternative to a refusal to issue or renew any certificate, registration, or authority, the board may, in its discretion, issue a license which is subject to reprimand, probation, restriction, or limitation to an applicant for licensure for any one or any combination of causes listed in subsection 2 of this section or section 334.100. The board's order of reprimand, probation, limitation, or restriction shall contain a statement of the discipline imposed, the basis therefor, the date such action shall become effective, and a statement that the applicant has thirty days to request in writing a hearing before the administrative hearing commission. If the board issues a probationary, limited, or restricted license to an applicant for licensure, either party may file a written petition with the administrative hearing commission within thirty days of the effective date of the probationary, limited, or restricted license seeking review of the board's determination. If no written request for a hearing is received by the administrative hearing commission within the thirty-day period, the right to seek review of the board's decision shall be considered waived.
2. The board may cause a complaint to be filed with the administrative hearing commission as provided in chapter 621 against any holder of a certificate of registration or authority, permit, or license required by sections 334.700 to 334.725 or any person who has failed to renew or has surrendered the person's certification of registration or license for any one or any combination of the following causes:
(1) Violated or conspired to violate any provision of sections 334.700 to 334.725 or any provision of any rule promulgated pursuant to sections 334.700 to 334.725; or
(2) Has been found guilty of unethical conduct as defined in the ethical standards of the National Athletic Trainers' Association or the Board of Certification, Inc., or its successor agency, as adopted and published by the committee and the board and filed with the secretary of state; or
(3) Any cause listed in section 334.100.
3. After the filing of such complaint before the administrative hearing commission, the proceedings shall be conducted in accordance with the provisions of chapter 621. Upon a finding by the administrative hearing commission that the grounds provided in subsection 2 of this section for disciplinary action are met, the board may, singly or in combination:
(1) Warn, censure, or place the person named in the complaint on probation on such terms and conditions as the board deems appropriate for a period not to exceed ten years; or
(2) Suspend the person's license, certificate, or permit for a period not to exceed three years; or
(3) Administer a public or private reprimand; or
(4) Deny the person's application for a license; or
(5) Permanently withhold issuance of a license or require the person to submit to the care, counseling, or treatment of physicians designated by the board at the expense of the individual to be examined; or
(6) Require the person to attend such continuing education courses and pass such examinations as the board may direct; or
(7) Restrict or limit the person's license for an indefinite period of time; or
(8) Revoke the person's license.
4. In any order of revocation, the board may provide that the person shall not apply for reinstatement of the person's license for a period of time ranging from two to seven years following the date of the order of revocation. All stay orders shall toll such time period.
5. Before restoring to good standing a license, certificate, or permit issued under this chapter which has been in a revoked, suspended, or inactive state for any cause for more than two years, the board may require the applicant to attend such continuing education courses and pass such examinations as the board may direct.
--------
(L. 1983 H.B. 162 & 274 § 9, A.L. 1997 S.B. 141, A.L. 2004 H.B. 1399 merged with S.B. 962, A.L. 2006 H.B. 1759 merged with S.B. 756, A.L. 2011 H.B. 265, A.L. 2013 H.B. 315, A.L. 2020 H.B. 2046)
Structure Missouri Revised Statutes
Title XXII - Occupations and Professions
Chapter 334 - Physicians and Surgeons — Therapists — Athletic Trainers — Health Care Providers
Section 334.002 - Inactive license status granted, when.
Section 334.020 - Board defined.
Section 334.031 - Qualifications of candidates for licenses.
Section 334.035 - Application for permanent license, postgraduate training requirement.
Section 334.043 - Reciprocity — reciprocal compacts — fee.
Section 334.047 - License to show degree held by licensee — use on stationery and displays required.
Section 334.073 - Continuing medical education on autism required.
Section 334.090 - Fees, amounts, how set.
Section 334.098 - Disposition of certain records.
Section 334.103 - Automatic revocation or reinstatement of license, grounds.
Section 334.105 - Intractable pain treatment act — definitions.
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 334.125 - Seal — regulations — offices — rulemaking, procedure, this chapter.
Section 334.127 - Subpoenas for witnesses, administration of oaths — enforcing subpoena, procedure.
Section 334.150 - Treatments of ill excepted from regulation by this chapter.
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 334.260 - Midwives licensed.
Section 334.400 - Definitions.
Section 334.406 - Temporary license issued, when, procedure.
Section 334.408 - Inactive license status granted, when — return to active status, procedure.
Section 334.412 - Licensure without examination permitted, when — reciprocal compacts permitted.
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 334.426 - Hospitals may limit function of anesthesiologist assistants, procedure.
Section 334.428 - Anesthesiologist assistant, use of title permitted, when — penalty.
Section 334.500 - Definitions.
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 334.580 - 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 334.616 - 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 334.660 - 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 334.720 - Compensation of board members.
Section 334.725 - Violations, penalty.
Section 334.736 - Physician assistants, temporary license, requirements, fees, renewal.
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 334.800 - Title of act — definitions.
Section 334.820 - License required — practice of medicine not authorized.
Section 334.860 - Promulgation of rules, authority.
Section 334.870 - Licensing requirements, background checks.
Section 334.880 - License renewal — inactive status.
Section 334.900 - Individuals and activities not limited by respiratory care practice act.
Section 334.920 - Board powers — disciplining and sanctions — violations, penalty.
Section 334.930 - Immunity from liability for emergency care.
Section 334.1135 - Joint task force established, members, duties, meetings — report.
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.