Effective - 28 Aug 2020, 2 histories
337.330. Refusal of licensure — complaint procedure. — 1. The committee may refuse to issue any license required under this chapter for one or any combination of causes stated in subsection 2 of this section. The committee 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 by chapter 621.
2. The committee may cause a complaint to be filed with the administrative hearing commission, as provided by chapter 621, against any holder of any license required by this chapter or any person who has failed to renew or has surrendered the person's license for any one or any combination of the following causes:
(1) Use of any controlled substance, as defined in chapter 195, or alcoholic beverage to an extent that such use impairs a person's ability to perform the work of any profession licensed or regulated by this chapter;
(2) The person has been finally adjudicated and found guilty, or entered a plea of guilty or nolo contendere, in a criminal prosecution under the laws of any state, of the United States, or of any country for any offense directly related to the duties and responsibilities of the occupation, as set forth in section 324.012, regardless of whether or not sentence is imposed;
(3) Use of fraud, deception, misrepresentation or bribery in securing any permit or license issued under this chapter or in obtaining permission to take any examination given or required under sections 337.300 to 337.345*;
(4) Obtaining or attempting to obtain any fee, charge, tuition, or other compensation by fraud, deception or misrepresentation;
(5) Incompetency, misconduct, gross negligence, fraud, misrepresentation, or dishonesty in the performance of the functions or duties of any profession licensed by sections 337.300 to 337.345*;
(6) Violation of, or assisting or enabling any person to violate, any provision of sections 337.300 to 337.345*, or of any lawful rule adopted thereunder;
(7) Impersonation of any person holding a certificate of registration or authority, permit or license or allowing any person to use his or her certificate of registration or authority, permit, license, or diploma from any school;
(8) Disciplinary action against the holder of a license or other right to practice any profession regulated by sections 337.300 to 337.345* granted by another state, territory, federal agency, or country upon grounds for which revocation or suspension is authorized in this state;
(9) A person is finally adjudged insane or incapacitated by a court of competent jurisdiction;
(10) Assisting or enabling any person to practice or offer to practice any profession licensed or regulated by sections 337.300 to 337.345* who is not registered and currently eligible to practice as provided in sections 337.300 to 337.345*;
(11) Issuance of a certificate of registration or authority, permit, or license based upon a material mistake of fact;
(12) Failure to display a valid certificate or license if so required by sections 337.300 to 337.345* or any rule promulgated thereunder;
(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 the advertisement or solicitation is primarily directed;
(15) Being guilty of unethical conduct as defined in the code of conduct as adopted by the committee and filed with the secretary of state.
3. After the filing of such complaint, 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 committee may, singly or in combination, censure or place the person named in the complaint on probation on such terms and conditions as the department deems appropriate for a period not to exceed five years, or may suspend, for a period not to exceed three years, or revoke the license, certificate, or permit.
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(L. 2010 H.B. 1311 & 1341, A.L. 2020 H.B. 2046)
*Section 337.345 was repealed by H.B. 1563, 2012.
Structure Missouri Revised Statutes
Title XXII - Occupations and Professions
Chapter 337 - Psychologists — Professional Counselors — Social Workers
Section 337.010 - Definitions.
Section 337.015 - Practice of psychology regulated — practice of psychology, defined.
Section 337.021 - Educational and experience requirements for licensure, certain persons.
Section 337.025 - Educational and experience requirements for licensure, certain persons.
Section 337.027 - Educational requirements deemed met, when.
Section 337.041 - Discrimination prohibited.
Section 337.045 - Exempted professions and occupations — temporary practice authorized.
Section 337.055 - Privileged communications, when.
Section 337.060 - Licensed psychologists not to practice medicine.
Section 337.068 - Complaints of prisoners — disposition of certain records.
Section 337.070 - Local governments prohibited from taxing or licensing psychologists.
Section 337.085 - Fees, collection, disposition, use.
Section 337.090 - License or directory not to include degree on which license was issued.
Section 337.093 - Application of law.
Section 337.100 - Citation of law — findings — purpose.
Section 337.105 - Definitions.
Section 337.110 - Home state licensure.
Section 337.115 - Compact privilege to practice telepsychology.
Section 337.120 - Compact temporary authorization to practice.
Section 337.125 - Conditions of telepsychology practice in a receiving state.
Section 337.130 - Adverse actions.
Section 337.140 - Coordinated licensure information system.
Section 337.145 - Establishment of the psychology interjurisdictional compact commission.
Section 337.155 - Oversight, dispute resolution and enforcement.
Section 337.165 - Construction and severability.
Section 337.170 - Contingent effective date.
Section 337.300 - Definitions.
Section 337.305 - Advisory board created, members, terms, meetings, vacancies.
Section 337.310 - Board powers and duties.
Section 337.320 - Renewal of licensure, procedure.
Section 337.325 - Limitation on practice.
Section 337.330 - Refusal of licensure — complaint procedure.
Section 337.335 - Violations, penalty.
Section 337.340 - Fees — collection and deposit.
Section 337.347 - Reimbursement and billing for provisionally and temporary licensed analysts.
Section 337.500 - Definitions.
Section 337.503 - Discrimination in promulgation of regulations prohibited.
Section 337.505 - License required — exempted professions and occupations.
Section 337.515 - License expiration, renewal, fees.
Section 337.520 - Rules and regulations, procedure.
Section 337.540 - Privileged communications, when.
Section 337.600 - Definitions.
Section 337.603 - License required — exemptions from licensure.
Section 337.604 - Title of social worker, requirements to use title.
Section 337.615 - Education, experience requirements — reciprocity — licenses issued, when.
Section 337.618 - License expiration, renewal, fees, continuing education requirements.
Section 337.621 - Temporary permits.
Section 337.622 - State committee for social workers — membership, removal and vacancies.
Section 337.627 - Rules and regulations, procedure.
Section 337.636 - Privileged communications, when.
Section 337.642 - Discrimination against social workers in promulgation of rules prohibited.
Section 337.643 - Licensure required for use of title — practice authorized.
Section 337.644 - Application, contents — issuance of license, when.
Section 337.645 - Application information required — issuance of license, when.
Section 337.646 - License required for use of title.
Section 337.653 - Baccalaureate social workers, license required, permitted activities.
Section 337.671 - Temporary permits issued, when.
Section 337.683 - Violations, penalty — committee may sue, when — actions permitted to be enjoined.
Section 337.689 - Licensees may be compelled to testify.
Section 337.700 - Definitions.
Section 337.703 - License required, exceptions.
Section 337.705 - Discrimination prohibited, when.
Section 337.706 - License required, exception for persons licensed in other state.
Section 337.709 - Laws not to be construed to require employment of marital and family therapists.
Section 337.712 - Licenses, application, oath, fee — lost certificates — fund.
Section 337.715 - Qualifications for licensure, exceptions.
Section 337.718 - License expiration, renewal fee — temporary permits.
Section 337.727 - Rulemaking authority.
Section 337.736 - Confidentiality, exceptions.
Section 337.739 - Committee, members, qualifications, terms, meetings, expenses, removal.