SECOND REGULAR SESSION
HOUSE BILL NO. 2125
93RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE BLACK.
Read 1st time March 30, 2006 and copies ordered printed.
STEPHEN S. DAVIS, Chief Clerk
5720L.01I
AN ACT
To repeal sections 190.142, 190.143, 190.146, 190.160, 190.165, 190.171, 190.172, 190.175,
and 190.196, RSMo, and to enact in lieu thereof twelve new sections relating to licensure
of emergency medical technicians.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 190.142, 190.143, 190.146, 190.160, 190.165, 190.171, 190.172,
190.175, and 190.196, RSMo, are repealed and twelve new sections enacted in lieu thereof, to
be known as sections 190.196, 334.935, 334.938, 334.941, 334.944, 334.947, 334.950, 334.953,
334.956, 334.959, 334.962, and 334.965, to read as follows:
190.196. 1. No employer shall knowingly employ or permit any employee to perform
any services for which a license, certificate or other authorization is required by sections
[190.001 to 190.245] sections 334.935 to 334.965, RSMo, or by rules adopted [pursuant to
sections 190.001 to 190.245] under sections 334.935 to 334.965, RSMo, unless and until the
person so employed possesses all licenses, certificates or authorizations that are required.
2. Any person or entity that employs or supervises a person's activities as a first
responder, emergency medical dispatcher, emergency medical technician-basic, emergency
medical technician-paramedic, registered nurse or physician shall cooperate with the
department's and the state board of registration for the healing arts' efforts to monitor and
enforce compliance by those individuals subject to the requirements of sections 190.001 to
190.245 and sections 334.935 to 334.965, RSMo.
3. Any person or entity who employs individuals licensed by the department [pursuant
to sections 190.001 to 190.245] under sections 334.935 to 334.965, RSMo, shall report to the
department within seventy-two hours of their having knowledge of any charges filed against a
licensee in their employ for possible criminal action involving the following felony offenses:
(1) Child abuse or sexual abuse of a child;
(2) Crimes of violence; or
(3) Rape or sexual abuse.
4. Any licensee who has charges filed against him or her for the felony offenses in
subsection 3 of this section shall report such an occurrence to the department within seventy-two
hours of the charges being filed and the department shall forward such report to the state
board of registration for the healing arts.
5. The department will monitor these reports for possible licensure action authorized
[pursuant to section 190.165] under sections 334.935 to 334.965, RSMo.
334.935. As used in sections 334.935 to 334.965, the following terms mean:
(1) "Board", the sate board of registration for the healing arts;
(2) "Emergency medical technician", a person licensed by the board in emergency
medical care as an EMT-B, EMT-I or EMT-P under sections 334.935 to 334.965;
(3) "Emergency medical technician-basic" or "EMT-B", a person who has
successfully completed a course of instruction in basic life support as prescribed by the
department of health and senior services, and is licensed by the board in accordance with
standards prescribed by sections 334.935 to 334.965 and rules adopted by the board under
sections 334.935 to 334.965;
(4) "Emergency medical technician-intermediate" or "EMT-I", a person who has
successfully completed a course of instruction in certain aspects of advanced life support
care as prescribed by the department of health and senior services and is licensed by the
board in accordance with sections 334.935 to 334.965 and rules and regulations adopted
by the board under sections 334.935 to 334.965;
(5) "Emergency medical technician-paramedic" or "EMT-P", a person who has
successfully completed a course of instruction in advanced life support care as prescribed
by the department of health and senior services and is licensed by the board in accordance
with sections 334.935 to 334.965 and rules adopted by the board under sections 334.935 to
334.965.
334.938. 1. The board shall license applicants who meet the qualifications for
emergency medical technicians who apply for licensure and who pay all fees required for
licensure.
2. The board shall:
(1) Prescribe application forms to be furnished to all persons seeking licensure
under sections 334.935 to 334.965;
(2) Prepare the form and design of the license to be issued under sections 334.935
to 334.965;
(3) Set the fee for licensure of emergency medical technicians and renewal thereof;
(4) Keep a record of all its proceedings regarding emergency medical technicians
and of all emergency medical technicians licensed in this state;
(5) Annually prepare a roster of the names and addresses of all emergency medical
technicians licensed in this state, copies of which shall be made available upon request to
any person paying the fee therefore;
(6) Set the fee for the roster at an amount sufficient to cover the actual cost of
publishing and distributing the roster; and
(7) Appoint members of the advisory commission for emergency medical
technicians.
3. The board may:
(1) Issue subpoenas to compel witnesses to testify or produce evidence in
proceedings to deny, suspend, or revoke a license or licensure;
(2) Promulgate rules under chapter 536, RSMo, in order to carry out the provisions
of sections 334.935 to 334.965.
4. Any rule or portion of a rule, as that term is defined in section 536.010, RSMo,
that is created under the authority delegated in this section shall become effective only if
it complies with and is subject to all of the provisions of chapter 536, RSMo, and, if
applicable, section 536.028, RSMo. This section and chapter 536, RSMo, are nonseverable
and if any of the powers vested with the general assembly under chapter 536, RSMo, to
review, to delay the effective date, or to disapprove and annul a rule are subsequently held
unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted
after August 28, 2006, shall be invalid and void.
334.941. 1. All fees payable under the provisions of sections 334.935 to 334.965
shall be collected by the division of professional registration, which shall transmit them to
the department of revenue for deposit in the state treasury to the credit of the board of
registration for the healing arts fund.
2. Upon appropriation by the general assembly, the money in the fund shall be used
to administer the provisions of sections 334.935 to 334.965.
334.944. 1. The board shall, within a reasonable time after receipt of an
application, cause such investigation as it deems necessary to be made of the applicant for
an emergency medical technician's license. The board may authorize investigations into
criminal records in other states for any applicant.
2. The board shall issue a license to all levels of emergency medical technicians for
a period of two years, if the applicant meets the requirements established under sections
334.935 to 334.965 and the rules adopted by the board under sections 334.935 to 334.965.
The board may promulgate rules relating to the requirements for an emergency medical
technician, including but not limited to:
(1) Age requirements;
(2) Compliance with the education and training requirements established by the
department of health and senior services;
(3) Completion of an appropriate training program through an entity accredited
by the department of health and senior services under section 190.131, RSMo;
(4) Continuing education and relicensure requirements; and
(5) Ability to speak, read and write the English language.
3. Application for all levels of emergency medical technician license shall be made
upon such forms as prescribed by the board in rules adopted under sections 334.935 to
334.965. The application form shall contain such information as the board deems
necessary to make a determination as to whether the emergency medical technician meets
all the requirements of sections 334.935 to 334.965 and rules promulgated thereunder.
4. All levels of emergency medical technicians may perform only that patient care
which is:
(1) Consistent with the training, education, and experience of the particular
emergency medical technician; and
(2) Ordered by a physician or set forth in protocols approved by the agency medical
director as provided for under section 190.103, RSMo.
5. Any rule or portion of a rule, as that term is defined in section 536.010, RSMo,
that is created under the authority delegated in this section shall become effective only if
it complies with and is subject to all of the provisions of chapter 536, RSMo, and, if
applicable, section 536.028, RSMo. This section and chapter 536, RSMo, are nonseverable
and if any of the powers vested with the general assembly under chapter 536, RSMo, to
review, to delay the effective date or to disapprove and annul a rule are subsequently held
unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted
after August 28, 2006, shall be invalid and void.
334.947. It shall be unlawful for any person in this state to hold him or herself out
as an emergency medical technician or provide the services of an emergency medical
technician unless such person has first obtained a licensed as provided by sections 334.935
to 334.965.
334.950. 1. Notwithstanding any other provisions of law, the board may grant a
ninety-day temporary emergency medical technician license to all levels of emergency
medical technicians who meet the following:
(1) Can demonstrate that they have, or will have, employment requiring an
emergency medical technician license;
(2) Are not currently licensed as an emergency medical technician in Missouri or
have been licensed as an emergency medical technician in Missouri and fingerprints need
to be submitted to the Federal Bureau of Investigation to verify the existence or absence
of a criminal history, or they are currently licensed and the license will expire before a
verification can be completed of the existence or absence of a criminal history;
(3) Have submitted a complete application upon such forms as prescribed by the
board in rules adopted under sections 334.935 to 334.965;
(4) Have not been disciplined under sections 334.935 to 334.965 and rules
promulgated thereunder;
(5) Meet all the requirements of rules promulgated under sections 334.935 to
334.965.
2. A temporary emergency medical technician license shall only authorize the
licensee to practice while under the immediate supervision of a licensed emergency medical
technician-basic, emergency medical technician-paramedic, registered nurse or physician
who is currently licensed without restrictions to practice in Missouri.
3. A temporary emergency medical technician license shall automatically expire
either ninety days from the date of issuance or upon the issuance of a two-year emergency
medical technician license.
334.953. Any licensee allowing a license to lapse may, within two years of the lapse,
request that their license be returned to active status by notifying the board in advance of
such intention, and submitting a complete application upon such forms as prescribed by
the board in rules adopted under sections 334.935 to 334.965. If the licensee meets all the
requirements for relicensure, the board shall issue a new emergency medical technician
license to the licensee.
334.956. The renewal of any license shall require conformance with sections
334.935 to 334.965 and rules adopted by the board thereunder.
334.959. 1. The board may refuse to issue or renew any certificate of registration
or authority, permit or license required under this sections 334.935 to 334.965, for one or
any combination of causes stated in subsection 2 of this section. The board shall notify the
applicant in writing of the reasons for the refusal and shall advise the applicant of the
applicant's right to file a complaint with the administrative hearing commission as
provided by chapter 621, RSMo. As an alternative to a refusal to issue or renew any
certificate, registration or authority, the board may, at its discretion, issue a license which
is subject to probation, restriction or limitation to an applicant for licensure for any one
or any combination of causes stated in subsection 2 of this section. The board's order of
probation, limitation, or restriction shall contain a statement of the discipline imposed, the
basis therefor, the date such action shall become effective, and a statement that the
applicant has thirty days to request in writing a hearing before the administrative hearing
commission. If the board issues a probationary, limited or restricted license to an applicant
for licensure, either party may file a written petition with the administrative hearing
commission within thirty days of the effective date of the probationary, limited, or
restricted license seeking review of the board's determination. If no written request for a
hearing is received by the administrative hearing commission within the thirty-day period,
the right to seek review of the board's decision shall be considered as 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,
permit or license required by sections 334.935 to 334.965 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 sections 334.935 to 334.965 or any lawful regulations promulgated by the
board to implement such sections. Such regulations shall be limited to the following:
(1) 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 sections 334.935 to 334.965;
(2) 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 under sections 334.935 to 334.965, 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;
(3) Use of fraud, deception, misrepresentation, or bribery in securing any
certificate, permit, or license issued under sections 334.935 to 334.965 or in obtaining
permission to take any examination given or required under sections 334.935 to 334.965;
(4) Obtaining or attempting to obtain any fee, charge, or other compensation by
fraud, deception, or misrepresentation;
(5) Incompetency, misconduct, gross negligence, fraud, misrepresentation, or
dishonesty in the performance of the functions or duties of any activity licensed or
regulated by sections 334.935 to 334.965;
(6) Violation of or assisting or enabling any person to violate any provision of
sections 334.935 to 334.965, or of any lawful rule or regulation adopted by the board under
sections 334.935 to 334.965;
(7) 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;
(8) Revocation, suspension, restriction, modification, limitation, reprimand,
warning, censure, probation, or other final disciplinary action against the holder of or
applicant for a license or other right to practice any profession regulated by sections
334.935 to 334.965 by another state, territory, federal agency, or country, whether or not
voluntarily agreed to by the licensee or applicant, including but not limited to the denial
of licensure, surrender of the license, allowing the license to expire or lapse, or
discontinuing or limiting the practice of medicine while subject to an investigation or while
actually under investigation by any licensing authority, medical facility, branch of the
armed forces of the United States of America, insurance company, court, agency of the
state or federal government, or employer;
(9) For an individual being finally adjudged insane or incompetent by a court of
competent jurisdiction;
(10) Assisting or enabling any person to practice or offer to practice any activity
licensed or regulated by sections who is not licensed and currently eligible to practice
under sections 334.935 to 334.965;
(11) Issuance of a certificate, permit or license based upon a material mistake of
fact;
(12) Violation of any professional trust or confidence;
(13) 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;
(14) Violation of the drug laws or rules and regulations of this state, any other state,
or the federal government;
(15) Refusal of any applicant or licensee to cooperate with the board during any
investigation;
(16) Any conduct or practice which is or might be harmful or dangerous to the
mental or physical health of a patient or the public;
(17) Repeated negligence in the performance of the functions or duties of any
activity licensed or regulated by sections 334.935 to 334.965.
3. After the filing of such complaint before the administrative hearing commission,
the proceedings shall be conducted in accordance with the provisions of chapter 621,
RSMo. Upon a fording by the administrative hearing commission that the grounds
provided in subsection 2 of this section for disciplinary action are met, the board may,
singly or in combination, warn, censure, or place the person named in the complaint on
probation on such terms and conditions as the board deems appropriate for a period not
to exceed ten years, or may suspend the person's license, certificate, or permit for a period
not to exceed three years, or restrict or limit the person's license, certificate, or permit for
an indefinite period of time, or revoke the person's license, certificate, or permit, or
administer a public or private reprimand, or deny the person's application for a license,
or permanently withhold issuance of a license or require the person to submit to the care,
counseling, or treatment of physicians designated by the board at the expense of the
individual to be examined, or require the person to attend such continuing educational
courses and pass such examinations as the board may direct.
4. An individual whose license has been revoked shall wait one year from the date
of revocation to apply for relicensure. Relicensure shall be at the discretion of the board
after compliance with all the requirements of sections 334.935 to 334.965 relative to the
licensing of an applicant for the first time. Any individual whose license has been revoked
twice within a ten-year period shall not be eligible for relicensure.
5. Any person, organization, association or corporation who reports or provides
information to the board under the provisions of sections 334.935 to 334.965 and who does
so in good faith shall not be subject to an action for civil damages as a result thereof.
6. The board may suspend any certificate, permit, or license required under
sections 334.935 to 334.965 simultaneously with the filing of the complaint with the
administrative hearing commission as set forth in subsection 2 of this section if the board
fords that there is an imminent threat to the public health. The notice of suspension shall
include the basis of the suspension and notice of the right to appeal such suspension. The
licensee may appeal the decision to suspend the license, certificate or permit to the board.
The appeal shall be filed within ten days from the date of the filing of the complaint. A
hearing shall be conducted by the board within ten days from the date the appeal is filed.
The suspension shall continue in effect until the conclusion of the proceedings, including
review thereof, unless sooner withdrawn by the board, dissolved by a court of competent
jurisdiction or stayed by the administrative hearing commission.
334.962. Any person aggrieved by an official action of the board affecting his or her
licensed status under the provisions of sections 334.935 to 334.965, including the refusal to
grant, the revocation, the suspension, or the failure to renew a license, may seek a
determination thereon by the administrative hearing commission under the provisions of
section 621.045, RSMo, and it shall not be a condition to such determination that the
person aggrieved seek a reconsideration, a rehearing, or exhaust any other procedure
before the board.
334.965. 1. There is hereby established an "Advisory Commission for Emergency
Medical Technicians" which shall guide, advise and make recommendations to the board.
The commission shall assist the board in carrying out the provisions of sections 334.935 to
334.965.
2. The commission shall be composed of five members, to be appointed by the
board as follows:
(1) One member of the board;
(2) One physician duly licensed by the board and board certified in emergency
medicine or have served as a regional medical director as provided for under section
190.103, RSMo for a period of two years preceding his or her appointment;
(3) Two licensed emergency medical technicians-paramedics; and
(4) One lay member.
3. Each emergency medical technician-paramedic member shall be a United States
citizen, a resident of this state, and shall be licensed as an emergency medical
technician-paramedic by this state. Each physician member shall be a United States
citizen, a resident of this state, and have an active license to practice medicine in this state.
The lay member shall be a United States citizen and a resident of this state.
4. All members shall be appointed to serve four year terms, except those first
appointed, of which one shall be appointed for a term of one year, one shall be appointed
for a term of two years, one shall be appointed for a term of three years, and two shall be
appointed for a term of four years. No member shall be appointed for more than two
consecutive four-year terms.
5. The members of the commission shall serve without compensation except that
each member shall be reimbursed for necessary and actual expenses incurred in the
performance of the member's official duties. The board shall provide all staff for the
commission.
6. The commission shall hold an open annual meeting at which time it shall elect
from its membership a chair and secretary. The commission may hold such additional
meetings as may be required in the performance of its duties; provided that notice of every
meeting shall be given to each member at least ten days prior to the date of the meeting.
A quorum of the commission shall consist of a majority of its members.
7. The commission shall:
(1) Advise the board on all matters pertaining to the licensure of emergency
medical technicians;
(2) Review all complaints and/or investigations wherein there is a possible violation
of sections 334.935 to 334.965 or regulations promulgated thereto and made
recommendations to the board for action;
(3) Follow the provisions-of the board's administrative practice procedures in
conducting all official duties.
[190.142. 1. The department shall, within a reasonable time after receipt
of an application, cause such investigation as it deems necessary to be made of
the applicant for an emergency medical technician's license. The director may
authorize investigations into criminal records in other states for any applicant.
2. The department shall issue a license to all levels of emergency medical
technicians, for a period of five years, if the applicant meets the requirements
established pursuant to sections 190.001 to 190.245 and the rules adopted by the
department pursuant to sections 190.001 to 190.245. The department may
promulgate rules relating to the requirements for an emergency medical
technician including but not limited to:
(1) Age requirements;
(2) Education and training requirements based on respective national
curricula of the United States Department of Transportation and any modification
to such curricula specified by the department through rules adopted pursuant to
sections 190.001 to 190.245;
(3) Initial licensure testing requirements;
(4) Continuing education and relicensure requirements; and
(5) Ability to speak, read and write the English language.
3. Application for all levels of emergency medical technician license
shall be made upon such forms as prescribed by the department in rules adopted
pursuant to sections 190.001 to 190.245. The application form shall contain such
information as the department deems necessary to make a determination as to
whether the emergency medical technician meets all the requirements of sections
190.001 to 190.245 and rules promulgated pursuant to sections 190.001 to
190.245.
4. All levels of emergency medical technicians may perform only that
patient care which is:
(1) Consistent with the training, education and experience of the
particular emergency medical technician; and
(2) Ordered by a physician or set forth in protocols approved by the
medical director.
5. No person shall hold themselves out as an emergency medical
technician or provide the services of an emergency medical technician unless
such person is licensed by the department.
6. Any rule or portion of a rule, as that term is defined in section 536.010,
RSMo, that is created under the authority delegated in this section shall become
effective only if it complies with and is subject to all of the provisions of chapter
536, RSMo, and, if applicable, section 536.028, RSMo. This section and chapter
536, RSMo, are nonseverable and if any of the powers vested with the general
assembly pursuant to chapter 536, RSMo, to review, to delay the effective date
or to disapprove and annul a rule are subsequently held unconstitutional, then the
grant of rulemaking authority and any rule proposed or adopted after August 28,
2002, shall be invalid and void.]
[190.143. 1. Notwithstanding any other provisions of law, the
department may grant a ninety-day temporary emergency medical technician
license to all levels of emergency medical technicians who meet the following:
(1) Can demonstrate that they have, or will have, employment requiring
an emergency medical technician license;
(2) Are not currently licensed as an emergency medical technician in
Missouri or have been licensed as an emergency medical technician in Missouri
and fingerprints need to be submitted to the Federal Bureau of Investigation to
verify the existence or absence of a criminal history, or they are currently licensed
and the license will expire before a verification can be completed of the existence
or absence of a criminal history;
(3) Have submitted a complete application upon such forms as prescribed
by the department in rules adopted pursuant to sections 190.001 to 190.245;
(4) Have not been disciplined pursuant to sections 190.001 to 190.245
and rules promulgated pursuant to sections 190.001 to 190.245;
(5) Meet all the requirements of rules promulgated pursuant to sections
190.001 to 190.245.
2. A temporary emergency medical technician license shall only
authorize the license to practice while under the immediate supervision of a
licensed emergency medical technician-basic, emergency medical
technician-paramedic, registered nurse or physician who is currently licensed,
without restrictions, to practice in Missouri.
3. A temporary emergency medical technician license shall automatically
expire either ninety days from the date of issuance or upon the issuance of a
five-year emergency medical technician license.]
[190.146. Any licensee allowing a license to lapse may within two years
of the lapse request that their license be returned to active status by notifying the
department in advance of such intention, and submit a complete application upon
such forms as prescribed by the department in rules adopted pursuant to sections
190.001 to 190.245. If the licensee meets all the requirements for relicensure, the
department shall issue a new emergency medical technician license to the
licensee.]
[190.160. The renewal of any license shall require conformance with
sections 190.001 to 190.245 and sections 190.525 to 190.537, and rules adopted
by the department pursuant to sections 190.001 to 190.245 and sections 190.525
to 190.537.]
[190.165. 1. The department may refuse to issue or deny renewal of any
certificate, permit or license required pursuant to sections 190.100 to 190.245 for
failure to comply with the provisions of sections 190.100 to 190.245 or any
lawful regulations promulgated by the department to implement its provisions as
described in subsection 2 of this section. The department shall notify the
applicant in writing of the reasons for the refusal 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 sections 190.100 to
190.245 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 sections
190.100 to 190.245 or any lawful regulations promulgated by the department to
implement such sections. Those regulations shall be limited to the following:
(1) 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
sections 190.100 to 190.245;
(2) 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 sections
190.100 to 190.245, 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;
(3) Use of fraud, deception, misrepresentation or bribery in securing any
certificate, permit or license issued pursuant to sections 190.100 to 190.245 or in
obtaining permission to take any examination given or required pursuant to
sections 190.100 to 190.245;
(4) Obtaining or attempting to obtain any fee, charge, tuition or other
compensation by fraud, deception or misrepresentation;
(5) Incompetency, misconduct, gross negligence, fraud, misrepresentation
or dishonesty in the performance of the functions or duties of any activity
licensed or regulated by sections 190.100 to 190.245;
(6) Violation of, or assisting or enabling any person to violate, any
provision of sections 190.100 to 190.245, or of any lawful rule or regulation
adopted by the department pursuant to sections 190.100 to 190.245;
(7) 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;
(8) Disciplinary action against the holder of a license or other right to
practice any activity regulated by sections 190.100 to 190.245 granted by another
state, territory, federal agency or country upon grounds for which revocation or
suspension is authorized in this state;
(9) For an individual being finally adjudged insane or incompetent by a
court of competent jurisdiction;
(10) Assisting or enabling any person to practice or offer to practice any
activity licensed or regulated by sections 190.100 to 190.245 who is not licensed
and currently eligible to practice pursuant to sections 190.100 to 190.245;
(11) Issuance of a certificate, permit or license based upon a material
mistake of fact;
(12) Violation of any professional trust or confidence;
(13) 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;
(14) Violation of the drug laws or rules and regulations of this state, any
other state or the federal government;
(15) Refusal of any applicant or licensee to cooperate with the
department of health and senior services during any investigation;
(16) Any conduct or practice which is or might be harmful or dangerous
to the mental or physical health of a patient or the public;
(17) Repeated negligence in the performance of the functions or duties
of any activity licensed or regulated by sections 190.100 to 190.245.
3. 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 subsection 2 of
this section, for disciplinary action are met, the department may, singly or in
combination, censure or place the person named in the complaint on probation
on such terms and conditions as the department deems appropriate for a period
not to exceed five years, or may suspend, for a period not to exceed three years,
or revoke the license, certificate or permit.
4. An individual whose license has been revoked shall wait one year from
the date of revocation to apply for relicensure. Relicensure shall be at the
discretion of the department after compliance with all the requirements of
sections 190.100 to 190.245 relative to the licensing of an applicant for the first
time. Any individual whose license has been revoked twice within a ten-year
period shall not be eligible for relicensure.
5. The department may notify the proper licensing authority of any other
state in which the person whose license was suspended or revoked was also
licensed of the suspension or revocation.
6. Any person, organization, association or corporation who reports or
provides information to the department pursuant to the provisions of sections
190.100 to 190.245 and who does so in good faith shall not be subject to an
action for civil damages as a result thereof.
7. The department of health and senior services may suspend any
certificate, permit or license required pursuant to sections 190.100 to 190.245
simultaneously with the filing of the complaint with the administrative hearing
commission as set forth in subsection 2 of this section, if the department finds
that there is an imminent threat to the public health. The notice of suspension
shall include the basis of the suspension and notice of the right to appeal such
suspension. The licensee may appeal the decision to suspend the license,
certificate or permit to the department. The appeal shall be filed within ten days
from the date of the filing of the complaint. A hearing shall be conducted by the
department within ten days from the date the appeal is filed. The suspension
shall continue in effect until the conclusion of the proceedings, including review
thereof, unless sooner withdrawn by the department, dissolved by a court of
competent jurisdiction or stayed by the administrative hearing commission.]
[190.171. Any person aggrieved by an official action of the department
of health and senior services affecting the licensed status of a person pursuant to
the provisions of sections 190.001 to 190.245 and sections 190.525 to 190.537,
including the refusal to grant, the grant, the revocation, the suspension, or the
failure to renew a license, may seek a determination thereon by the administrative
hearing commission pursuant to the provisions of section 621.045, RSMo, and
it shall not be a condition to such determination that the person aggrieved seek
a reconsideration, a rehearing, or exhaust any other procedure within the
department of health and senior services or the department of social services.]
[190.172. Notwithstanding the provisions of subdivision (3) of
subsection 3 of section 621.045, RSMo, to the contrary, if no contested case has
been filed against the licensee, the agency shall submit a copy of the settlement
agreement signed by all of the parties within fifteen days after signature to the
administrative hearing commission for determination that the facts agreed to by
the parties to the settlement constitute grounds for denying or disciplining the
license of the licensee. Any person who is directly harmed by the specific
conduct for which the discipline is sought may submit a written impact statement
to the administrative hearing commission for consideration in connection with
the commission's review of the settlement agreement.]
[190.175. 1. Each ambulance service licensee or emergency medical
response agency licensee shall maintain accurate records, which contain
information concerning the care and, if applicable, the transportation of each
patient.
2. Records will be retained by the ambulance service licensees and
emergency medical response agency licensees for five years, readily available for
inspection by the department, notwithstanding transfer, sale or discontinuance of
the ambulance services or business.
3. A patient care report, approved by the department, shall be completed
for each ambulance run on which are entered pertinent remarks by the emergency
medical technician, registered nurse or physician and such other items as
specified by rules promulgated by the department.
4. A written or electronic patient care document shall be completed and
given to the ambulance service personnel by the health care facility when a
patient is transferred between health care facilities. Such patient care record shall
contain such information pertinent to the continued care of the patient as well as
the health and safety of the ambulance service personnel during the transport.
Nothing in this section shall be construed as to limit the reporting requirements
established in federal law relating to the transfer of patients between health care
facilities.
5. Such records shall be available for inspection by the department at any
reasonable time during business hours.]
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