PURPOSE: This rule sets forth the basis upon which the division may refuse to issue or renew or may otherwise discipline the holder of any certificate of registration or authority, permit or license required pursuant to sections 324.520 to 324.524, RSMo, and these rules.

1. (1) The division may refuse to issue, renew or cause a complaint to be filed with the Administrative Hearing Commission as provided by Chapter 621, RSMo, against any holder of any certificate of registration or authority, permit or license required pursuant to sections 324.520 to 324.524, RSMo, or any person who has failed to renew or has surrendered his or her certificate of registration or authority, permit or license for any one or any combination of the following causes:

   1. (A) Use or illegal possession of any controlled substance, as defined in Chapter 195, RSMo; use of an alcoholic beverage to an extent that such use impairs a person’s ability to perform the work of any profession that is licensed or regulated under Missouri law;
   2. (B) Final adjudication and finding of guilt, or the entrance of a plea of guilty or nolo contendere, in a criminal prosecution under the laws of any state or of the United States, FINANCIAL INSTITUTIONS AND PROFESSIONAL REGISTRATION

for any offense reasonably related to the qualifications, functions or duties of any profession that is licensed or regulated pursuant to sections 324.520 to 324.524, RSMo and the regulations promulgated thereunder, 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;

1. (C) Use of fraud, deception, misrepresentation or bribery in securing any certificate of registration or authority, permit or license;
2. (D) Obtaining or attempting to obtain any fee, charge, tuition or other compensation by fraud, deception or misrepresentation;
3. (E) Incompetence, misconduct, gross negligence, fraud, misrepresentation or dishonesty in the performance of the functions or duties of any profession that is licensed or regulated hereunder;
4. (F) Violation of, or assisting or enabling any person to violate, any provision of sections 324.520 to 324.524, RSMo, or of any lawful rule or regulation adopted thereunder;
5. (G) Impersonation of any person holding a certificate of registration or authority, permit or license or allowing any person to use his or her certificate of registration or authority, permit, license or diploma from any school;
6. (H) Disciplinary action brought against the holder of a license or other right to practice any profession regulated pursuant to sections 324.520 to 324.524, RSMo, granted by another state, territory, federal agency or country upon grounds for which revocation or suspension is authorized in this state;
7. (I) Final adjudication by a court of competent jurisdiction that a person is insane or incompetent;
8. (J) Assisting or enabling any person to practice or offer to practice any profession licensed or regulated pursuant to sections 324.520 to 324.524, RSMo, who is not licensed and is currently ineligible to practice;
9. (K) Causing the division to issue a certificate of registration or authority, permit or license based upon a material mistake of fact;
10. (L) Failure to display a valid license;
11. (M) Violation of any professional trust or confidence;
12. (N) Use of any advertisement or solicitation that is false, misleading or deceptive to the general public or persons to whom the advertisement or solicitation is primarily directed;
13. (O) Failure or refusal to properly guard against contagious, infectious or communicable diseases or the spread thereof.

1. (2) After the filing of such complaint, the proceedings shall be conducted in accordance with the provisions of Chapter 621, RSMo. Upon a finding by the Administrative Hearing Commission that the grounds, provided in section (1), for disciplinary action are met, the division may, singly or in combination, censure or place the person named in the complaint on probation on such terms and conditions as the division deems appropriate for a period not to exceed five (5) years, or may suspend, for a period not to exceed three
2. (3) years, or revoke the license, certificate, or permit.

AUTHORITY: section 324.522, RSMo Supp. 2001.* This rule originally filed as 4 CSR 267-6.030. Original rule filed Aug. 15, 2002, effective Feb. 28, 2003. Moved to 20 CSR 2267-6.030, effective Aug. 28, 2006. *Original authority: 324.522, RSMo 1998, amended 1999, 2001.