Missouri Revised Statutes
Chapter 334
Physicians and Surgeons--Therapists--Athletic Trainers--Health Care Providers
←334.098
Section 334.099.1
334.100→
August 28, 2015
Contested hearing, when, procedure--revocation of license, when--hearing to resume practice, when--rulemaking authority.
334.099. 1. (1) The board may initiate a contested hearing to
determine if reasonable cause exists to believe that a licensee or
applicant is unable to practice his or her profession with reasonable skill
and safety to the public by reason of medical or osteopathic incompetency,
mental or physical incapacity, or due to the excessive use or abuse of
alcohol or controlled substances.
(2) The board shall serve notice pursuant to section 536.067 of the
contested hearing at least fifteen days prior to the hearing. Such notice
shall include a statement of the reasons the board believes there is
reasonable cause to believe that a licensee or applicant is unable to
practice his or her profession with reasonable skill and safety to the
public by reason of medical or osteopathic incompetency, mental, or
physical incapacity, or due to the excessive use or abuse of alcohol or
controlled substances.
(3) For purposes of this section and prior to any contested hearing,
the board may, notwithstanding any other law limiting access to medical or
other health data, obtain medical data and health records relating to the
licensee or applicant without the licensee's or applicant's consent, upon
issuance of a subpoena by the board. These data and records shall be
admissible without further authentication by either board or licensee at
any hearing held pursuant to this section.
(4) After a contested hearing before the board, and upon a showing of
reasonable cause to believe that a licensee or applicant is unable to
practice his or her profession with reasonable skill and safety to the
public by reason of medical or osteopathic incompetency, mental, or
physical incapacity, or due to the excessive use or abuse of alcohol or
controlled substances the board may require a licensee or applicant to
submit to an examination. The board shall maintain a list of facilities
approved to perform such examinations. The licensee or applicant may
propose a facility not previously approved to the board and the board may
accept such facility as an approved facility for such licensee or applicant
by a majority vote.
(5) For purposes of this subsection, every licensee or applicant is
deemed to have consented to an examination upon a showing of reasonable
cause. The applicant or licensee shall be deemed to have waived all
objections to the admissibility of testimony by the provider of the
examination and to the admissibility of examination reports on the grounds
that the provider of the examination's testimony or the examination is
confidential or privileged.
(6) Written notice of the order for an examination shall be sent to
the applicant or licensee by registered mail, addressed to the licensee or
applicant at the licensee's or applicant's last known address on file with
the board, or shall be personally served on the applicant or licensee. The
order shall state the cause for the examination, how to obtain information
about approved facilities, and a time limit for obtaining the examination.
The licensee or applicant shall cause a report of the examination to be
sent to the board.
(7) The licensee or applicant shall sign all necessary releases for
the board to obtain and use the examination during a hearing and to
disclose the recommendations of the examination as part of a disciplinary
order.
(8) After receiving the report of the examination ordered in
subdivision (4) of this subsection, the board may hold a contested hearing
to determine if by clear and convincing evidence the licensee or applicant
is unable to practice with reasonable skill or safety to the public by
reasons of medical or osteopathic incompetency, reason of mental or
physical incapacity, or due to the excessive use or abuse of alcohol or
controlled substances. If the board finds that the licensee or applicant
is unable to practice with reasonable skill or safety to the public by
reasons of medical or osteopathic incompetency, reason of mental or
physical incapacity, or excessive use or abuse of controlled substances,
the board shall, after a hearing, enter an order imposing one or more of
the disciplinary measures set forth in subsection 4 of section 334.100.*
(9) The provisions of chapter 536 for a contested case, except those
provisions or amendments which are in conflict with this section, shall
apply to and govern the proceedings contained in this subsection and the
rights and duties of the parties involved. The person appealing such an
action shall be entitled to present evidence under chapter 536 relevant to
the allegations.
2. Failure to submit to the examination when directed shall be cause
for the revocation of the license of the licensee or denial of the
application. No license may be reinstated or application granted until
such time as the examination is completed and delivered to the board or the
board withdraws its order.
3. Neither the record of proceedings nor the orders entered by the
board shall be used against a licensee or applicant in any other
proceeding, except for a proceeding in which the board or its members are a
party or in a proceeding involving any state or federal agency.
4. A licensee or applicant whose right to practice has been affected
under this section shall, at reasonable intervals not to exceed twelve
months, be afforded an opportunity to demonstrate that he or she can resume
the competent practice of his or her profession or should be granted a
license. The board may hear such motion more often upon good cause shown.
5. The board shall promulgate rules and regulations to carry out the
provisions of this section.
6. For purposes of this section, "examination" means a skills,
multidisciplinary, or substance abuse evaluation.
(L. 2011 H.B. 265)
*Word "and" appears in original rolls.
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