334.414. Certificate of registration issued, when--rules promulgated by board--authority of board--complaint procedure--penalty.
Certificate of registration issued, when--rules promulgated byboard--authority of board--complaint procedure--penalty.
334.414. 1. The board shall issue a certificate of registration toany applicant that meets the qualifications for an anesthesiologistassistant and that has paid the required fees.
2. The board shall promulgate rules and regulations pertaining to:
(1) Establishing application forms to be furnished to all personsseeking registration pursuant to* sections 334.400 to 334.430;
(2) Accepting certification by the National Commission onCertification of Anesthesiologist Assistants or its successor in lieu ofexaminations for applicants for registration pursuant to sections 334.400to 334.430;
(3) Determining the form and design of the registration to be issuedpursuant to sections 334.400 to 334.430;
(4) Setting the amount of the fees for registration, licensure, andrenewal pursuant to sections 334.400 to 334.430. The fees shall be set ata level to produce revenue which shall not substantially exceed the costand expense of administering the provisions of sections 334.400 to 334.430;
(5) Keeping a record of all of its proceedings regarding sections334.400 to 334.430 and of all anesthesiologist assistants registered inthis state.
No rule or portion of a rule promulgated pursuant to the authority ofsections 334.400 to 334.430 shall become effective unless it has beenpromulgated pursuant to chapter 536, RSMo.
3. The board shall have the authority to:
(1) Issue subpoenas to compel witnesses to testify or produceevidence in proceedings to deny, suspend, or revoke registration; and
(2) Establish guidelines for anesthesiologist assistants pursuant tosections 334.400 to 334.430.
4. The board may refuse to issue, suspend, revoke, or renew anycertificate of registration or authority, permit, or license requiredpursuant to sections 334.400 to 334.430 for one or any combination ofcauses stated in subsection 5 of this section. The board shall notify theapplicant in writing of the reasons for the refusal, suspension, orrevocation and shall advise the applicant of the right to file a complaintwith the administrative hearing commission as provided by chapter 621,RSMo.
5. The board may cause a complaint to be filed with theadministrative hearing commission as provided by chapter 621, RSMo, againstany holder of any certificate of registration or authority, permit, orlicense required pursuant to sections 334.400 to 334.430 or against anyperson who has failed to renew or has surrendered a certificate ofregistration or authority, permit, or license for any one or anycombination of the following causes:
(1) Use or unlawful possession of any controlled substance, asdefined in chapter 195, RSMo, or alcoholic beverage to an extent that suchuse impairs a person's ability to perform the work of an anesthesiologistassistant;
(2) The person has been finally adjudicated and found guilty, orentered a plea of guilty or nolo contendere, in a criminal prosecutionunder the laws of any state or of the United States, for any offensereasonably related to the qualifications, functions, or duties of ananesthesiologist assistant, for any offense for which an essential elementis fraud, 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 licenseissued pursuant to sections 334.400 to 334.430 or in obtaining permissionto take any examination given or required pursuant to sections 334.400 to334.430;
(4) Obtaining or attempting to obtain any fee, charge, tuition, orother compensation by fraud, deception, or misrepresentation;
(5) Incompetency, misconduct, gross negligence, fraud,misrepresentation, or dishonesty in the performance of the functions andduties of an anesthesiologist assistant;
(6) Violation of, or assisting or enabling any person to violate anyprovision of sections 334.400 to 334.430 or any lawful rule or regulationadopted pursuant to sections 334.400 to 334.430;
(7) Impersonation of any person holding a certificate of registrationor authority, permit, or license, or allowing any person to use acertificate of registration or authority, permit, license or diploma fromany school;
(8) Disciplinary action against the holder of a license or otherright relating to the practice of an anesthesiologist assistant granted byanother state, territory, federal agency, or country upon grounds for whichrevocation or suspension is authorized in this state;
(9) Final adjudication of insanity or incompetency by a court ofcompetent jurisdiction;
(10) Assisting or enabling any person to practice or offer topractice as an anesthesiologist assistant who is not registered andcurrently eligible to practice pursuant to sections 334.400 to 334.430;
(11) Issuance of a certificate of registration or authority, permit,or license based upon a material mistake of fact;
(12) Violation of any professional trust or confidence;
(13) Violation of the ethical standards for an anesthesiologistassistant as defined by board rule; or
(14) Violation of chapter 195, RSMo, or rules and regulations of thisstate, any other state, or the federal government.
6. 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 the grounds, providedin subsection 5 of this section, for disciplinary action are met, the boardmay, singly or in combination, censure or place the person named in thecomplaint on probation with such terms and conditions as the board deemsappropriate for a period not to exceed ten years, or suspend his or herlicense for a period not to exceed seven years, or revoke his or herlicense, certificate, or permit.
7. An individual whose license has been revoked shall wait at leastone year from the date of revocation to apply for relicensure and shall notbe eligible for a temporary license. Relicensure shall be at thediscretion of the board after compliance with all requirements of sections334.400 to 334.430.
8. Any person who violates any of the provisions of sections 334.400to 334.430 is guilty of class A misdemeanor.
(L. 2003 H.B. 390)*Word "to" does not appear in original rolls.