Missouri Code of State Regulations › Title 19 - DEPARTMENT OF HEALTH AND SENIOR SERVICES › Division 73 - Missouri Board of Nursing Home Administrators › Chapter 2 - General Rules › Section 19 CSR 73-2.090 - Disciplinary Action

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule describes the condition and
				  procedure for disciplinary action, as defined in section
				  344.050,
				  RSMo, against licenses.
(1)
				The board may refuse to issue or renew any certificate of registration or
				authority, permit or license required pursuant to this chapter for one (1) or
				any combination of causes stated in section (2) of this rule. The board shall
				notify the applicant in writing of the reasons for the refusal and shall advise
				the applicant of his/her right to file a complaint with the Administrative
				Hearing Commission as provided by Chapter 621, RSMo. As an alternative to
				refusal to issue or renew any certificate, registration or authority, permit or
				license, the board may, at its discretion, issue a license which is subject to
				probation for any one (1) or any combination of causes stated in section (2) of
				this rule. The board's order of probation shall contain a statement of the
				discipline imposed, the basis therefore, the date such action shall become
				effective, and a statement that the applicant has thirty (30) days to request
				in writing a hearing before the Administrative Hearing Commission. If the board
				issues a probationary license to an applicant for licensure, the applicant may
				file a written petition with the Administrative Hearing Commission within
				thirty (30) days of the effective date of the probationary license seeking
				review of whether cause exists to discipline the licensee under section (2) of
				this rule. If no written request for a hearing is received by the
				Administrative Hearing Commission within the thirty (30)-day period, the right
				to seek review of the board's decision shall be waived.
(2) The board may 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 by this chapter or any person who has failed to
				renew or has surrendered his/her certificate or registration or authority,
				permit or license for any one (1) or any combination of the following causes:
(A) Use or unlawful possession of any
				controlled substance, as defined in Chapter 195, RSMo, or alcoholic beverage to
				an extent that this use impairs a person's ability to perform the work of any
				profession licensed or regulated by this chapter;
(B) Has been finally adjudicated and found
				guilty, or entered a plea of guilty or
nolo contendere
,
				pursuant to 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 professional licensed or regulated under this chapter, 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 of
				registration or authority, permit or license issued pursuant to this chapter or
				in obtaining permission to take any examination given or required pursuant to
				this chapter;
(D) Obtaining or
				attempting to obtain any fee, charge, tuition or other compensation by fraud,
				deception or misrepresentation;
(E)
				Performing incompetent, misconduct, gross negligence, fraud, misrepresentation
				or dishonesty in the performance of the functions or duties of any profession
				licensed or regulated by this chapter (refer to
				19 CSR
				73-2.095 for a partial listing of those functions and
				duties);
(F) Violating, assisting
				or enabling any person to violate, any provision of this chapter, or of any
				lawful rule adopted pursuant to this chapter;
(G) Violation of, or assisting or enabling
				any person to violate, any provision of Chapter 198, RSMo, or any lawful rule
				or regulation promulgated thereunder;
(H) Impersonation of any person holding a
				certificate of registration or authority, permit or license, or allowing any
				person to use such person's certificate of registration or authority, permit,
				license or diploma from any school;
(I) Disciplinary action against the holder of
				a license or other right to practice any profession regulated by this chapter
				granted by another state, territory, federal agency or country upon grounds for
				which revocation or suspension is authorized in this state;
(J) A person is finally adjudged
				incapacitated or disabled by a court of competent jurisdiction;
(K) Assisting or enabling any person to
				practice or offer to practice any profession licensed or regulated by this
				chapter who is not registered and currently eligible to practice under this
				chapter;
(L) Issuance of a
				certificate of registration or authority, permit or license based upon a
				material mistake of fact;
(M)
				Violation of the drug laws or rules and regulations of this state, any other
				state or the federal government;
(N) Knowingly failing to report abuse or
				neglect of a resident in a long-term care facility, as required by section
				198.070,
				RSMo, of which he or she has actual knowledge that it is abuse or
				neglect;
(O) Violation of any
				professional trust or confidence; or
(P) Having served as the administrator,
				operator, or any principal involved in the operation of a facility licensed
				under Chapter 198, RSMo, and during such time the facility has had its license
				revoked under section
				198.036,
				RSMo, has entered into a consent agreement to obtain a probationary license
				under subsection 5 of section
				198.026,
				RSMo, has had a license denied under subsection 2 of section
				198.022,
				RSMo, or has surrendered its license while under investigation.