Current through Register Vol. 49, No. 6, March 15, 2024
PURPOSE: This rule sets forth the procedure for
renewal of a license held by a licensee on active military duty and for
discipline of a license held by a licensee on active military
duty.
(1) Any licensee who is
a member of the United States Armed Forces or any military or militia of the
state of Missouri, as defined in section
41.030, RSMo, shall
be exempt from the requirement to renew his or her license if:
(A) The licensee is on active duty, meaning
full time duty in the active military service of the United States as defined
in Section 101(a)(5), Title 10 of the U.S. Code or of the active military
forces of Missouri under section
41.030,
RSMo;
(B) At the time of
activation, the licensee held a current and active license with the board in
Missouri and was licensed or certified to engage in his or her profession in
this state; and
(C) The licensee
complies with the provisions of this rule to notify the board of the active
military duty.
(2) While
a licensee meeting the requirements of this rule is on active duty, as set
forth above, each license of the licensee will be renewed without payment of
renewal fees or any other act required for renewal while the licensee is on
active military duty and up to two (2) years from the date the licensee ceases
active military duty, if the following criteria are met:
(A) The licensee notifies the board in
writing on a form provided by the board or by other written communication
accepted by the board as a Notice of Active Military Duty and requests license
renewal;
(B) This written Notice of
Active Military Duty shall be signed and dated by the licensee and contain the
name, address, and license number of the licensee, the date of activation, and
be accompanied by a copy of the licensee's active duty orders or other evidence
sufficient for the board to determine the dates of active service by
licensee;
(C) If the licensee
requests waiver of any continuing education requirement, this request may be
made at the time the Notice of Active Military Duty is filed. The Notice of
Active Military Duty may be filed with the board at any time up to one hundred
eighty (180) days from the date the licensee ceases active military
duty;
(D) If any of licensee's
licenses have lapsed for non-renewal during this period before the Notice of
Active Military Duty has been filed, all licenses will be reinstated upon the
filing of the Notice of Active Military Duty with no additional requirements
for reinstatement. All such reinstatements are retroactive to the last renewal
date after the licensee went on active duty and the license is deemed as having
been active from that date until the license is reinstated;
(E) If licensee files the Notice of Active
Military Duty prior to a license renewal date, the board will renew all
licenses, without any further requirement, until either the licensee notifies
the board that active military duty has ceased or a license has not been
renewed for a period of one hundred eighty (180) days from the date the active
military duty ceased. The licensee shall have the duty to notify the board when
his or her active military duty ceases within one hundred eighty (180) days
from the date the active duty ceases. The board will deem licensee's license
current and active until the end of the one hundred eighty (180) days and after
that time, the licensee's license shall be due for renewal at the next license
regular renewal date; and
(F) The
licensee on active military duty shall not be required to pay any license
renewal fees during the period of active military duty and up to one hundred
eighty (180) days after the end of the active military duty. If a license
lapses at any time during active military duty, that license will be reinstated
with no further requirements, other than the filing of the Notice of Active
Military Service.
(3)
If, at the time of activation, licensee's license was subject to discipline,
the disciplinary period shall be stayed during the time of licensee's active
duty military service and reinstated at the time the license is reinstated.
However, if the conditions of the discipline require the licensee to take any
action or meet any obligations, licensee shall have at least one hundred eighty
(180) days after the end of active military duty to take those actions or
fulfill those obligations.
(4) If
during the time licensee is on active military duty, the board desires to
pursue any disciplinary or administrative action against any license of the
licensee, the board shall stay any such action until at least sixty (60) days
after the end of the active military duty.
(5) Any licensee who holds a current license
and is a member of any United States or state of Missouri military, including
any reserve members and any member of the United States Public Health Service,
who is engaged in the active duty in the military service of the United States
or the state of Missouri and who is engaged in the performance of active duty
in the military service of the United States in a military conflict in which
reserve components have been called to active duty for any period of more than
thirty (30) days and who have had any license lapse while performing this
military service, may renew/reinstate such license, without penalty by-
(A) Filing with the board a Notice of Active
Military Duty on a form provided by the board or by written communication
accepted by the board that is signed and dated by the licensee and contains the
licensee's name, address, the type of license and license number of the
licensee, the date of active duty activation, and is accompanied by a copy of
the licensee's active duty orders or other evidence sufficient for the board to
determine the dates of active military duty by licensee; and
(B) Such Notice of Active Military Duty shall
be filed with the board along with the request for license reinstatement no
later than sixty (60) days after the end of active military
duty.
(6) Upon filing the
Notice of Active Military Duty, the board will reinstate licensee's license
with no further requirements, retroactive to the last renewal.
