337.630. Grounds for refusal, revocation or suspension of license--civil immunity, when--procedure upon filing complaint.
Grounds for refusal, revocation or suspension of license--civilimmunity, when--procedure upon filing complaint.
337.630. 1. The committee may refuse to issue or renew any licenserequired by the provisions of sections 337.600 to 337.689 for one or anycombination of causes stated in subsection 2 of this section. Thecommittee shall notify the applicant in writing of the reasons for therefusal and shall advise the applicant of the applicant's right to file acomplaint with the administrative hearing commission as provided by chapter621, 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 license required by sections 337.600 to 337.689 or anyperson who has failed to renew or has surrendered the person's license forany 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 engage in the occupation of social work licensed under this chapter;except that the fact that a person has undergone treatment for pastsubstance or alcohol abuse and/or has participated in a recovery program,shall not by itself be cause for refusal to issue or renew a license;
(2) The person has been finally adjudicated and found guilty, orentered a plea of guilty or nolo contendere, in a criminal prosecutionpursuant to the laws of any state or of the United States, for any offensereasonably related to the qualifications, functions or duties of a socialworker licensed under this chapter; for any offense an essential element ofwhich is fraud, dishonesty or an act of violence; or for any offenseinvolving moral turpitude, whether or not sentence is imposed;
(3) Use of fraud, deception, misrepresentation or bribery in securingany license issued pursuant to the provisions of sections 337.600 to337.689 or in obtaining permission to take any examination given orrequired pursuant to the provisions of sections 337.600 to 337.689;
(4) Obtaining or attempting to obtain any fee, charge, tuition orother compensation by fraud, deception or misrepresentation;
(5) Incompetency, misconduct, fraud, misrepresentation or dishonestyin the performance of the functions or duties of a social worker licensedpursuant to this chapter;
(6) Violation of, or assisting or enabling any person to violate, anyprovision of sections 337.600 to 337.689, or of any lawful rule orregulation adopted pursuant to sections 337.600 to 337.689;
(7) Impersonation of any person holding a license or allowing anyperson to use the person's license or diploma from any school;
(8) Revocation or suspension of a license or other right to practicesocial work licensed pursuant to this chapter granted by another state,territory, federal agency or country upon grounds for which revocation orsuspension is authorized in this state;
(9) Final adjudication as incapacitated by a court of competentjurisdiction;
(10) Assisting or enabling any person to practice or offer topractice social work licensed pursuant to this chapter who is not licensedand currently eligible to practice pursuant to the provisions of sections337.600 to 337.689;
(11) Obtaining a license based upon a material mistake of fact;
(12) Failure to display a valid license if so required by sections337.600 to 337.689 or any rule promulgated hereunder;
(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 the ethicalstandards for clinical social workers adopted by the committee by rule andfiled with the secretary of state.
3. Any person, organization, association or corporation who reportsor provides information to the committee pursuant to the provisions ofsections 337.600 to 337.689 and who does so in good faith shall not besubject to an action for civil damages as a result thereof.
4. 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 of this section, for disciplinary action are met, thecommittee may censure or place the person named in the complaint onprobation on such terms and conditions as the committee deems appropriatefor a period not to exceed five years, or may suspend, for a period not toexceed three years, or revoke the license.
(L. 1989 H.B. 738 & 720 § 11, A.L. 1997 S.B. 246, A.L. 2007 H.B. 780 merged with S.B. 308)