PURPOSE: This rule complies with the provisions of section 334.100.2(24), RSMo and specifies the procedures to be followed under this statute in determining competency.

1. (1) Whenever the board has reason to believe that a physician or surgeon is unable to practice with reasonable skill and safety to patients by reasons of incompetency, illness, drunkenness, excessive use of drugs, narcotics, chemicals or as a result of any mental 20 CSR 2150-2

or physical condition, the board may hold a hearing to determine whether probable cause exists to reexamine to establish competency in a specialty, examine a pattern and practice of professional conduct or to examine to determine mental or physical competency, or both.

1. (2) Notice of the probable cause hearing shall be served on the licensee within a reasonable amount of time before the hearing, but in no event later than ten (10) days before the hearing.
2. (3) Following the probable cause hearing and upon a finding by the board that probable cause exists to determine a physician’s or surgeon’s competency, the board shall issue an order setting forth the allegations leading to a finding of probable cause, the method of further determination of competency, the instructions to the competency panel, the time frame for determination and the final order to be issued by the board in the event the physician fails to designate an examining physician to the board or fails to submit to an examination when directed. The board may include the reasonable intervals at which the physician may be given an opportunity to demonstrate competency.
3. (4) Members of the competency panel shall be licensed to practice the healing arts in Missouri. Panels which review physicians who graduated from a medical school accredited by the American Medical Association
4. (AMA) shall be composed of graduates from an AMA-accredited medical school. Panels which review physicians who graduated from a medical school accredited by the American Osteopathic Association (AOA) shall be composed of graduates from an AOA- accredited medical school. The panel shall be reimbursed by the board for reasonable and necessary expenses, and at a per-diem rate identical to that provided for Board of Healing Arts members in section 334.120, RSMo. Neither the physician nor the board shall pay or make any other compensation of any kind to the panel for its review.
5. (5) Following a determination by the panel, the panel shall make one (1) majority written report to the board either that the physician examined is able to practice with reasonable skill and safety to patients or that the physician examined is unable to practice with reasonable skill and safety to patients and specify the reasons or grounds for the opinion.
6. (6) Upon receipt of the written report from the panel, the board shall serve the physician FINANCIAL INSTITUTIONS AND PROFESSIONAL REGISTRATION

with a copy of the report and notify the physician of the time, date and place of the meeting at which the board will formally accept and review the findings of the panel and determine a final order of discipline based on the evidence presented by the written report of the panel and any other evidence that pertains to the issue of the final order of discipline to be imposed.

AUTHORITY: section 334.100, RSMo Supp. 1990.* This rule originally filed as 4 CSR 150-2.015. Original rule filed Oct. 14, 1976, effective Jan. 13, 1977. Rescinded and readopted: Filed Dec. 13, 1989, effective April 1, 1990. Moved to 20 CSR 2150-2.015, effective Aug. 28, 2006.

*Original authority: 334.100, RSMo 1939, amended 1945, 1959, 1963, 1974, 1976, 1979, 1981, 1983, 1984, 1986, 1987, 1989, 1990.