Missouri Code of State Regulations › Title 19 - DEPARTMENT OF HEALTH AND SENIOR SERVICES › Division 30 - Division of Regulation and Licensure › Chapter 40 - Comprehensive Emergency Medical Services Systems Regulations › Section 19 CSR 30-40.365 - Reasons and Methods the Department Can Use to Take Administrative Licensure Actions

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment reflects statutory changes to
				  reasons the department can use to take administrative licensure actions against
				  emergency medical technicians.
(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.