Current through Register Vol. 49, No. 18, September 16, 2024
(1) The department may refuse to issue or may
deny renewal of any certificate, permit, or license required pursuant to the
comprehensive emergency medical services systems act for failure to comply with
the provisions of the comprehensive emergency medical services systems act or
for any cause listed in section below. The department shall notify the
applicant in writing of the reasons for the refusal or denial and shall advise
the applicant of his or her right to file a complaint with the Administrative
Hearing Commission as provided by Chapter 621, RSMo.
(2) The department may cause a complaint to
be filed with the Administrative Hearing Commission as provided by Chapter 621,
RSMo, against any holder of any certificate, permit, or license required by the
comprehensive emergency medical services systems act or any person who has
failed to renew or has surrendered his or her certificate, permit, or license
for failure to comply with the provisions of the comprehensive emergency
medical services systems act or for any of the following reasons:
(A) Use or unlawful possession of any
controlled substance, as defined in Chapter 195, RSMo, or alcoholic beverage to
an extent that such use impairs a person's ability to perform the work of any
activity licensed or regulated by the comprehensive emergency medical services
systems act;
(B) Being finally
adjudicated and found guilty, or having entered a plea of guilty or
nolo contendere, in a criminal prosecution under the laws of
any state or of the United States, for any offense reasonably related to the
qualifications, functions or duties of any activity licensed or regulated
pursuant to the comprehensive emergency medical services systems act, for any
offense an essential element of which is fraud, dishonesty, or an act of
violence, or for any offense involving moral turpitude, whether or not sentence
is imposed;
(C) Use of fraud,
deception, misrepresentation, or bribery in securing any certificate, permit,
or license issued pursuant to the comprehensive emergency medical services
systems act or in obtaining permission to take any examination given or
required pursuant to the comprehensive emergency medical services systems
act;
(D) Obtaining or attempting to
obtain any fee, charge, tuition, or other compensation by fraud, deception, or
misrepresentation;
(E)
Incompetency, misconduct, gross negligence, fraud, misrepresentation, or
dishonesty in the performance of the functions or duties of any activity
licensed or regulated by the comprehensive emergency medical services systems
act;
(F) Violation of, or assisting
or enabling any person to violate, any provision of the comprehensive emergency
medical services systems act, or of any lawful rule or regulation adopted by
the department pursuant to the comprehensive emergency medical services systems
act;
(G) Impersonation of any
person holding a certificate, permit, or license or allowing any person to use
his or her certificate, permit, license, or diploma from any school;
(H) Disciplinary action against the holder of
a license or other right to practice any activity regulated by the
comprehensive emergency medical services systems act granted by another state,
territory, federal agency, or country upon grounds for which revocation or
suspension is authorized in this state;
(I) Being finally adjudged insane or
incompetent by a court of competent jurisdiction;
(J) Assisting or enabling any person to
practice or offer to practice any activity licensed or regulated by the
comprehensive emergency medical services systems act who is not licensed and
currently eligible to practice pursuant to the comprehensive emergency medical
services systems act;
(K) Issuance
of a certificate, permit, or license based upon a material mistake of
fact;
(L) Violation of any
professional trust, confidence, or legally protected privacy rights of a
patient by means of an unauthorized or unlawful disclosure;
(M) 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;
(N) Violation of the drug laws or rules and
regulations of this state, any other state, or the federal
government;
(O) Refusal of any
applicant or licensee to respond to reasonable department requests for
necessary information to process an application or to determine license status
or license eligibility;
(P) Any
conduct or practice which is or might be harmful or dangerous to the mental or
physical health or safety of a patient or the public; and
(Q) Repeated acts of negligence or
recklessness in the performance of the functions or duties of any activity
licensed or regulated by sections
190.100 to
190.245,
RSMo.
(3) The Department
of Health and Senior Services may suspend any certificate, permit, or license
required pursuant to the comprehensive emergency medical services systems act
simultaneously with the filing of the complaint with the Administrative Hearing
Commission, if the department finds that there is an imminent threat to the
public health. The notice of suspension shall include the basis of the
suspension and notice of the right to appeal such suspension. The licensee may
appeal the decision to suspend the license, certificate, or permit to the
department. The appeal shall be filed within ten (10) days from the date of the
filing of the complaint. A hearing shall be conducted by the department within
ten (10) days from the date the appeal is filed. The suspension shall continue
in effect until the conclusion of the proceedings, including review thereof,
unless sooner withdrawn by the department, dissolved by a court of competent
jurisdiction, or stayed by the Administrative Hearing Commission.
*Original authority: 190.165, RSMo 1973, amended 1978,
1998, 2002 and 190.185, RSMo 1973, amended 1989, 1993, 1995, 1998,
2002.
