337.035. Denial, revocation, or suspension of license, grounds for--interested third party, defined.
Denial, revocation, or suspension of license, grounds for--interestedthird party, defined.
337.035. 1. The committee may refuse to issue any certificate ofregistration or authority, permit or license required pursuant to thischapter for one or any combination of causes stated in subsection 2 of thissection. The committee shall notify the applicant in writing of thereasons for the refusal and shall advise the applicant of the applicant'sright to file a complaint with the administrative hearing commission asprovided by chapter 621, RSMo.
2. The committee 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 by this chapter or any person who has failed to renew orhas surrendered the person's certificate of registration or authority,permit or license for any one or any combination of the following causes:
(1) Use of any controlled substance, as defined in chapter 195, RSMo,or alcoholic beverage to an extent that such use impairs a person's abilityto perform the work of any profession licensed or regulated by thischapter;
(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 anyprofession licensed or regulated under this chapter, for any offense anessential element of which is fraud, dishonesty or an act of violence, orfor any offense involving moral turpitude, whether or not sentence isimposed;
(3) Use of fraud, deception, misrepresentation or bribery in securingany certificate of registration or authority, permit or license issuedpursuant to this chapter or in obtaining permission to take any examinationgiven or required pursuant to this chapter;
(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 orduties of any profession licensed or regulated by this chapter;
(6) Violation of, or assisting or enabling any person to violate, anyprovision of this chapter, or of any lawful rule or regulation adoptedpursuant to this chapter;
(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, permit, license or diploma fromany school;
(8) Disciplinary action against the holder of a license or otherright to practice any profession regulated by this chapter granted byanother state, territory, federal agency or country upon grounds for whichrevocation or suspension is authorized in this state;
(9) A person is finally adjudged insane or incapacitated by a courtof competent jurisdiction;
(10) Assisting or enabling any person to practice or offer topractice any profession licensed or regulated by this chapter who is notregistered and currently eligible to practice as provided this chapter;
(11) Issuance of a certificate of registration or authority, permitor license based upon a material mistake of fact;
(12) Failure to display a valid certificate or license if so requiredby this chapter or any rule promulgated pursuant to this chapter;
(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 theadvertisement or solicitation is primarily directed;
(15) Being guilty of unethical conduct as defined in "Ethical Rulesof Conduct" as adopted by the committee and filed with the secretary ofstate.
3. 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 2, for disciplinary action are met, the committee may, singlyor in combination, censure or place the person named in the complaint onprobation on such terms and conditions as the department deems appropriatefor a period not to exceed five years, or may suspend, for a period not toexceed three years, or revoke the license, certificate, or permit.
4. An interested third party may file a complaint or appear orpresent evidence relative to such complaint or another complaint filedpursuant to this section. For purposes of this section, an interestedthird party includes a parent or guardian of a person who receivedtreatment by a psychologist or any person who is related within the seconddegree of consanguinity or affinity and who is financially responsible forthe payment of such treatment.
(L. 1977 H.B. 255 § 6, A.L. 1981 S.B. 16, A.L. 1989 H.B. 738 & 720, A.L. 1997 S.B. 141)