Current through Register Vol. 49, No. 6, March 15, 2024
PURPOSE: This rule is being amended to come into
compliance with the provisions of HB 2046 which went into effect on August 28,
2020 by specifically providing timelines and procedures for applicants for
admission by comity under section
324.009,
RSMo.
(1) A person who
formerly held a license granted by this board, which license was revoked by the
board or surrendered by the licensee, may apply for new licensure subject to
the provisions of this section.
(2)
Any person who applies for licensure under sections
327.131,
327.221,
327.314,
327.392, or 327.612, RSMo, after revocation or voluntary surrender of a
Missouri license must meet the following criteria for licensure:
(A) After two (2) years have passed from the
effective date of the order of revocation or date of affidavit of voluntary
surrender, an applicant may apply to the board for such examination as may be
required of new applicants in the applicant's profession; and
(B) Upon passage of the examination required
for licensure in the applicant's profession, the applicant may apply for
issuance of a new license as if never licensed.
(3) Any person who applies for licensure by
comity under section
327.381,
RSMo, after revocation or voluntary surrender of a Missouri license must meet
the following criteria for licensure:
(A)
After five (5) years have passed from the effective date of the order of
revocation or affidavit of voluntary surrender, an applicant eligible for
licensure by comity under section
327.381,
RSMo may file an application for a new license without examination;
and
(B) An applicant under this
subsection must show proof of completion of the continuing education hours
consistent with the requirements of 20 CSR 2030 Chapter 8 and/or 20 CSR 2030
Chapter 11 for the applicant's profession in the two (2) years immediately
preceding the application.
(C) Upon
passage of any Missouri-specific examination required for licensure in the
applicant's profession, the applicant may apply for issuance of a new license
as if never licensed.
(4) Any person who applies for licensure by
comity under section
324.009,
RSMo, after revocation or voluntary surrender of a Missouri license must meet
the following criteria for licensure:
(A)
After five (5) years have passed from the effective date of the order of
revocation or affidavit of voluntary surrender, an applicant eligible for
licensure by comity under section
324.009,
RSMo may file an application for a new license without examination.
(B) Unless waived by the board under the
terms of sections 324.009.3 and
324.009.4,
RSMo, an applicant under this subsection must show proof of completion of the
continuing education hours consistent with the requirements of 20 CSR 2030
Chapter 8 and/or 20 CSR 2030 Chapter 11 for the applicant's profession in the
two (2) years immediately preceding the application.
(C) Upon passage of any Missouri-specific
examination required for licensure in the applicant's profession, the applicant
may apply for issuance of a new license as if never licensed.
(5) Any person who applies for
licensure after revocation or voluntary surrender of a license on the ground of
disciplinary action in another jurisdiction under section 327.441.2(8), RSMo,
must meet the following criteria:
(A) The
applicant must show that the license which was revoked or otherwise disciplined
in another jurisdiction has been reinstated, reissued, or otherwise returned to
active status in good standing, which may include probationary licensure;
and
(B) An applicant under this
subsection must show proof of completion of the continuing education hours
consistent with the requirements of 20 CSR 2030 Chapter 8 and/or 20 CSR 2030
Chapter 11 for the applicant's profession in the two (2) years immediately
preceding the application.
(6) The board may require any applicant for
examination or new licensure under sections (2)-(5) above to personally appear
before the board upon notice prepared to respond to questions concerning the
nature of the cause for revocation or surrender of the applicant's prior
license and rehabilitation or other relevant information pertaining to the time
since revocation or surrender of the license.
(A) In any proceeding under this section, the
person seeking licensure bears the burden of proving rehabilitation.
(B) Factors relevant to rehabilitation may
include, among other factors:
1.
Acknowledgement of wrongdoing or demonstration that the applicant understands
the cause for the discipline;
2.
Action taken by the applicant to prevent reoccurrence of the conduct that
resulted in the discipline;
3.
Action taken by the applicant to rehabilitate or address the underlying causes
of the misconduct that resulted in discipline; and
4. Actions taken by the applicant to address
and remediate harm caused by the misconduct.
(7) The board shall have discretion in all
applications under this section to inquire into and take into account the
nature of the conduct or factual basis of the revocation or surrender of the
former license.
(8) The board
retains discretion under sections
327.441
and
327.442,
RSMo, to deny any application for examination or licensure based on prior
misconduct or circumstances occurring between the order of revocation or
affidavit of voluntary surrender and the entry of the board's order, or to
grant such application subject to a period and terms of probation pursuant to
section
324.038,
RSMo.
