324.523. Complaint may be filed with administrative hearing commission, when, procedure--discipline authorized, when.
Complaint may be filed with administrative hearing commission, when,procedure--discipline authorized, when.
324.523. 1. The division may refuse to issue or cause a complaint tobe filed with the administrative hearing commission as provided by chapter621, RSMo, against any holder of any certificate of registration orauthority, permit or license required under sections 324.520 to 324.526, orany person who has failed to renew or has surrendered his or hercertificate of registration or authority, permit, or license for any one orany combination of the following causes:
(1) Use or illegal possession of any controlled substance, as definedin chapter 195, RSMo, or use of any alcoholic beverage to an extent thatsuch use impairs a person's ability to perform the work of any professionthat is licensed or regulated under sections 324.520 to 324.526;
(2) Final adjudication and finding of guilt, or the entrance of aplea of guilty or nolo contendere, in a criminal prosecution under the lawsof any state or of the United States, for any offense reasonably related tothe qualifications, functions, or duties of any profession that is licensedor regulated under sections 324.520 to 324.526, and the regulationspromulgated thereunder, for any offense an essential element of which isfraud, dishonesty, or an act of violence, or for any offense involvingmoral turpitude, whether or not sentence is imposed;
(3) Use of fraud, deception, misrepresentation, or bribery insecuring any certificate of registration or authority, permit or licenserequired under sections 324.520 to 324.526;
(4) Obtaining or attempting to obtain any fee, charge, tuition, orother compensation by fraud, deception, or misrepresentation;
(5) Incompetence, misconduct, gross negligence, fraud,misrepresentation, or dishonesty in the performance of the functions orduties of any profession that is licensed or regulated under sections324.520 to 324.526;
(6) Violation of, or assisting or enabling any person to violate, anyprovision of sections 324.520 to 324.526, or any lawful rule or regulationadopted under sections 324.520 to 324.526;
(7) Impersonation of any person holding a certificate of registrationor authority, permit, or license, or allowing any person to use his or hercertificate of registration or authority, license, permit, or diploma fromany school;
(8) Disciplinary action against the holder of a license or otherright to practice any profession regulated under sections 324.520 to324.526 granted by another state, territory, federal agency, or countryupon grounds for which revocation or suspension is authorized in thisstate;
(9) Final adjudication by a court of competent jurisdiction that aperson is insane or incompetent;
(10) Assisting or enabling any person to practice or offer topractice any profession licensed or regulated under sections 324.520 to324.526 who is licensed and is currently ineligible to practice undersections 324.520 to 324.526;
(11) Causing the division to issue a certificate of registration orauthority, permit, or license based upon a material mistake of fact;
(12) Failure to display a valid license;
(13) Violation of any advertisement or solicitation that is false,misleading, or deceptive to the general public, or persons to whom theadvertisement or solicitation is primarily directed;
(14) Failure or refusal to properly guard against contagious,infectious, or communicable diseases and the spread thereof.
2. After the filing of such complaint, the proceedings shall beconducted in accordance with the provisions of chapter 621, RSMo. Upon afinding by the administrative hearing commission that grounds, provided insubsection 1 of this section, for disciplinary action are met, the divisionmay, singly, or in combination, censure or place the person named in thecomplaint on probation on such terms and conditions as the division deemsappropriate for a period not to exceed five years, or may suspend, for aperiod not to exceed three years, or revoke the license, certificate, orpermit.
3. The division, acting upon its own knowledge or written or verifiedcomplaint filed by any person, may discipline a person as provided insubsections 1 or 2 of this section or the division may bring an action toenjoin any person, establishment, firm, or corporation from engaging in anoccupation regulated by the provisions of sections 324.520 to 324.526, ifsuch person, firm, or corporation without being licensed to do so by thedivision engages in or practices an occupation licensed under sections324.520 to 324.526. The action shall be brought in the county in whichsuch person resides, or, in the case of an establishment, firm, orcorporation, where the establishment, firm, or corporation maintains itsprincipal office; and unless it appears that such person, establishment,firm, or corporation so engaging or practicing such occupation is licensed,the injunction shall be issued, and such person, firm, or corporation shallbe perpetually enjoined from engaging in such activities throughout thestate.
(L. 2007 H.B. 780)