Read the full stored bill text
SECOND REGULAR SESSION
HOUSE BILL NO. 2159
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE HURLBER T .
5193H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o amend chapter 324, RSMo, by adding thereto fifteen new sections relating to naturopathic
medicine.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 324, RSMo, is amended by adding thereto fifteen new sections, to
2 be known as sections 324.1900, 324.1905, 324.1910, 324.1915, 324.1920, 324.1925,
3 324.1930, 324.1935, 324.1940, 324.1945, 324.1950, 324.1955, 324.1960, 324.1965, and
4 324.1970, to read as follows:
324.1900. Sections 324.1900 to 324.1970 shall be known and may be cited as the
2 "Natur opathic Practice Act".
324.1905. As used in sections 324.1900 to 324.1970, the following terms mean:
2 (1) "Appr oved natur opathic medical education pro gram", an education
3 pr ogram that the board has appro ved as meeting the re quire ments of section
4 324.1930 and that prep ares naturo pathic doctors for the practice of naturo pathic
5 medicine;
6 (2) "Board", the board of natur opathic medicine;
7 (3) "Common diagnostic pr ocedur e", any diagnostic pr ocedur e commonly
8 performed by health car e profes sionals including, but not limited to, the following
9 diagnostic proced ures:
10 (a) T aking and record ing a patient's health history;
11 (b) Performing a physical examination;
12 (c) Performing venipuncture ;
13 (d) Ordering, but not interpret ing, radiography examinations;
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
14 (e) Performing laboratory medicine; and
15 (f) Obtaining samples of human tissues, except surgical excision beyond surgical
16 excision that is authorized as a minor office pr ocedur e;
17 (4) "Contr olled substance", a drug, substance, or immediate precursor
18 enumerated in Schedules I thr ough V of section 195.017;
19 (5) "Division", the division of pro fessional r egistration of the department of
20 commer ce and insurance;
21 (6) "Drug", the same meaning given to the term in section 195.010;
22 (7) "Laboratory medicine", the collection and analysis of body fluids to provi de
23 information to help aid the diagnosis and tr eatment of patients;
24 (8) "Legend drug", the same meaning given to the term in section 338.330;
25 (9) "License", a license issued by the board to an individual in accordance with
26 sections 324.1900 to 324.1970 and rules of the board authorizing that individual to
27 practice natur opathic medicine in this state;
28 (10) "Licensee", an individual who holds a license to practice naturo pathic
29 medicine;
30 (1 1) "Minor office proced ure" , any minor office pr ocedur e including, but not
31 limited to, the following:
32 (a) Care and pr ocedur es incident ther eto of superficial lacerations, lesions, or
33 abrasions and the rem oval of for eign bodies located in superficial structur es, not to
34 include the eye;
35 (b) The use of antiseptics and topical or local anesthetics in connection with the
36 pr ocedur es described in paragraph (a) of this subdivision;
37 (c) Intramuscular , intravenous, subcutaneous, and intradermal injections of
38 substances consistent with the practice of natur opathic medicine;
39 (d) T rigger point therapy;
40 (e) The use of noninvasive and minimally invasive aesthetic lasers that cannot be
41 used for major surgeries or cutting;
42 (f) Dermal stimulation; and
43 (g) Allergy testing.
44
45 The definition of "minor office proc edures" does not include general anesthetics or
46 surgery;
47 (12) "Natur opathic doctor", an individual licensed in this state to practice
48 natur opathic medicine as a natur opathic doctor in accordance with sections 324.1900 to
49 324.1970;
HB 2159 2
50 (13) "Natur opathic medicine", a system of health car e for the preven tion,
51 diagnosis, and tr eatment of human health conditions, injury , and disease; the pr omotion
52 or res toration of health; and the support and stimulation of a patient's inher ent self-
53 healing pr ocesses thr ough patient education and the use of naturo pathic therapies;
54 (14) "Natur opathic physical medicine", the use of one or mor e of the following
55 physical agents or tre atments in a manner consistent with naturop athic medical practice
56 on a part or the whole of the body , by hand or by mechanical means, in the res olution of
57 a human ailment or condition: air , water , heat, cold, sound, light, electr omagnetism,
58 nondiagnostic ultrasound, cold laser , colon hydr otherapy , soft tissue therapy , joint
59 mobilization, therapeutic exercise, and trea tments taught in any appr oved naturop athic
60 medical education progra m that ar e not otherwise pro hibited by sections 324.1900 to
61 324.1970;
62 (15) "Natur opathic therapies", any of the following exemplified in a standard
63 natur opathic medical text, journal, or pharmacopeia: food; extracts of food; vitamins;
64 minerals; nutraceuticals; oxygen; botanicals; enzymes; amino acids; homeopathics;
65 hormones; hormonal or pharmaceutical contraceptives; all dietary supplements and
66 nonpr escription drugs as defined by the Federal Food, Drug, and Cosmetic Act, 21
67 U.S.C. Section 301 et seq.; human cellular and tissue-based pr oducts that are not
68 r egulated as drugs; such legend drugs and contr olled substances that are consistent with
69 natur opathic medical practice; and any other physiologic substances;
70 (16) "Nutritional counseling", the pre vention and tr eatment of disease or other
71 human conditions thr ough the use of food, water , herbs, ro ots, bark, or natural food
72 elements;
73 (17) "Pres cription", the same meaning given to the term in section 338.095;
74 (18) "Profes sional examination", a competency-based national licensing
7 5 examination administered by the North American Board of Natur opathic Examiners
76 or its successor agency , which board has been nationally reco gnized to administer a
77 natur opathic examination that rep rese nts federal standards of education and training;
78 (19) "Radiography", radiographic diagnostic and other imaging studies
79 including, but not limited to, x-ray , diagnostic ultrasound, mammogram, bone
80 densitometry , computed tomography , positr on emission tomography , and magnetic
81 r esonance imaging;
82 (20) "Therapeutic device", an instrument or an apparatus intended for use in
83 diagnosis or trea tment and in the prev ention of disease or maintenance or re storation of
84 health.
324.1910. 1. There is hereb y creat ed within the division a board to be known as
2 the "Board of Natur opathic Medicine".
HB 2159 3
3 2. The board of naturo pathic medicine shall consist of five members appointed
4 by the governor , all of whom shall be res idents of this state. Three members shall be
5 natur opathic doctors as described in subsection 5 of this section, one member shall be a
6 physician licensed under chapter 334, and one member shall be a public member as
7 described in subsection 6 of this section.
8 3. The initial members of the board shall be appointed for stagger ed terms, the
9 longest of which shall not exceed four years. Following the initial appointments, all
10 terms shall be for thr ee years, and no member of the board shall serve mor e than thr ee
11 terms.
12 4. The initial physician member licensed under chapter 334 shall have at least
13 four years of experience in the practice of medicine or osteopathic medicine.
14 5. (1) The initial thr ee naturop athic doctor members shall each have at least
15 four years of experience in the practice of natur opathic medicine and shall each be
16 eligible to become licensed under sections 324.1900 to 324.1970.
17 (2) Any natur opathic doctor member appointed following the initial
1 8 appointments to the board shall be licensed under sections 324.1900 to 324.1970 and
19 shall actively practice naturop athic medicine in this state for the duration of his or her
20 appointment.
21 6. The public member shall be, at the time of the member's appointment, a
22 citizen of the United States, a r esident of this state for a period of at least one year , and a
23 r egister ed voter . The public member shall not have been a member of any pro fession
24 licensed or regu lated under sections 324.1900 to 324.1970 or an immediate family
25 member of such a person. The public member shall not have had a material financial
26 inter est in the pr ovision of naturopa thic medicine or in an activity or organization
27 dir ectly rela ted to any profes sion licensed or regu lated under sections 324.1900 to
28 324.1970. The duties of the public member shall not include any determination of the
29 technical requ irem ents to be met for licensur e or whether any candidate for licensur e
30 meets such technical r equir ements or any determination of the technical competence or
31 technical judgment of a licensee or candidate for licensur e.
32 7. In the event of death, res ignation, or r emoval of any member of the board
33 befor e the expiration of the term to which he or she was appointed, the vacancy shall be
34 filled for the unexpir ed portion of the term in the same manner as the original
35 appointment.
36 8. The board shall, within thirty days after the appointment of all members, and
37 at least annually ther eafter , hold a meeting and elect fr om its membership a chair , a vice
38 chair , and a secr etary . The board may hold additional meetings as may be req uire d in
39 the performance of its duties at the call of the chair or upon the written request of any
HB 2159 4
40 two members of the board. Notice of every meeting shall be given to each member at
41 least thr ee days before the date of the meeting.
42 9. The board may appoint such committees as it considers necessary to carry out
43 its duties.
44 10. A quorum of the board shall consist of a majority of its voting members. The
45 affirmative vote of a majority of a quorum of the board shall be re quir ed to carry a
46 motion or res olution, to adopt a rule, or to pass a measur e.
47 1 1. The governor may rem ove a board member for misconduct, incompetence,
48 or neglect of official duties after giving the board member written notice of the charges
49 and an opportunity to be heard.
50 12. Notwithstanding any other pr ovision of law , any appointed member of the
51 board shall rec eive as compensation an amount established by the dir ector of the
52 division, not to exceed seventy-five dollars per member per day for commission business
53 plus actual and necessary expenses including, but not limited to, travel expenses. The
54 dir ector of the division shall establish by rule guidelines for payment. All staff for the
55 board shall be provi ded by the division.
324.1915. 1. The board shall adopt rules that are necessary or pr oper for the
2 administration of sections 324.1900 to 324.1970 including, but not limited to, rules on:
3 (1) Regulating the licensur e of natur opathic doctors and determining the hours
4 of continuing education units re quir ed for maintaining licensur e as a naturo pathic
5 doctor;
6 (2) Establishing the manner in which record s of examinations and tr eatments
7 shall be kept and maintained;
8 (3) Establishing standards for pr ofessional res ponsibility and conduct;
9 (4) Identifying disciplinary actions and circums tances that requ ire disciplinary
10 action;
11 (5) Developing a means to prov ide information to all licensees in the state;
12 (6) Pr oviding for the investigation of complaints against licensees or persons
13 holding themselves out as naturo pathic doctors in this state;
14 (7) Pr oviding for the publication of information for the public about licensees
15 and the practice of naturo pathic medicine in this state;
16 (8) Pr oviding for an orderly pr ocess for reinst atement of a license;
17 (9) Establishing criteria for advertising or pr omotional materials;
18 (10) Establishing continuing education req uire ments rel ated to hours and
19 acceptable content;
20 (1 1) Establishing standards for the state jurisprudence examination;
HB 2159 5
21 (12) Establishing proce dures and standards for reviewi ng licensing examination
22 scor es;
23 (13) Establishing pro cedure s for r eviewing transcripts demonstrating
2 4 completion of the appr oved natur opathic medical education pr ogram;
25 (14) Establishing the requ irem ents for issuance and ren ewal of licenses; and
26 (15) Regulating any other matter necessary to implement sections 324.1900 to
27 324.1970.
28 2. The board shall establish and maintain a list of natur opathic medical
29 education pro grams that meet the requ irem ents of section 324.1930.
30 3. The board shall administer and enfor ce all pr ovisions of sections 324.1900 to
31 324.1970 and all rules adopted by the board under the authority granted in sections
32 324.1900 to 324.1970.
33 4. The board shall set the amount of the fees that sections 324.1900 to 324.1970
34 authorize and requ ire by rules and regu lations pr omulgated under section 536.021. The
35 fees shall be set at a level to prod uce r evenue that shall not substantially exceed the cost
36 and expense of administering sections 324.1900 to 324.1970.
37 5. All fees payable under sections 324.1900 to 324.1970 shall be collected by the
38 division and transmitted to the department of r evenue for deposit in the state tr easury
39 to the cr edit of the board of natur opathic medicine fund established under section
40 324.1920.
41 6. The board shall employ permanent or temporary personnel it deems
42 necessary to carry out the purposes of sections 324.1900 to 324.1970 and designate their
43 duties.
44 7. Any rule or portion of a rule, as that term is defined in section 536.010, that is
45 cr eated under the authority delegated in this section shall become effective only if it
46 complies with and is subject to all of the pr ovisions of chapter 536 and, if applicable,
47 section 536.028. This section and chapter 536 are nonseverable and if any of the powers
48 vested with the general assembly pursuant to chapter 536 to revi ew , to delay the
49 effective date, or to disappr ove and annul a rule are subsequently held unconstitutional,
50 then the grant of rulemaking authority and any rule pro posed or adopted after August
51 28, 2026, shall be invalid and void.
324.1920. 1. There is her eby cre ated in the state tr easury the "Board of
2 Natur opathic Medicine Fund". All fees authorized to be charged by the board shall be
3 collected by the dir ector of the division and shall be transmitted to the department of
4 r evenue for deposit in the state tr easury for cred it to this fund. The state tr easurer shall
5 be custodian of the fund. In accordance with sections 30.170 and 30.180, the state
6 tr easur er may appr ove disbursements. The fund shall be a dedicated fund and, upon
HB 2159 6
7 appr opriation, moneys in this fund shall be used solely in payment of expenses of
8 maintaining the board and for the enforce ment of the prov isions of law concerning the
9 practice of natur opathic medicine.
10 2. Notwithstanding the prov isions of section 33.080 to the contrary , moneys in
11 this fund shall not be transferre d and placed to the credi t of general r evenue until the
12 amount in the fund at the end of the biennium exceeds thr ee times the amount of the
13 appr opriation fr om the fund for the pr eceding fiscal year . The amount, if any , in the
14 fund that shall lapse is that amount in the fund that exceeds the appr opriate multiple of
15 the appr opriations fr om the fund for the preced ing fiscal year .
16 3. The state tr easure r shall invest moneys in the fund in the same manner as
17 other funds ar e invested. Any interes t and moneys earned on such investments shall be
18 cr edited to the fund.
324.1925. The board shall issue a license to an applicant who:
2 (1) Is of good moral character , in accordance with standards established by rules
3 of the board;
4 (2) Submits, in accordance with rules of the board, the following items to the
5 board:
6 (a) An application for licensur e designed and appr oved by the board and
7 submitted in accordance with rules of the board;
8 (b) An application fee submitted in an amount and manner established by rules
9 of the board;
10 (c) Evidence that the applicant has graduated fr om an appr oved naturo pathic
11 medical education pr ogram;
12 (d) Evidence that the applicant has successfully completed a pr ofessional
13 examination or , for graduates of appr oved naturo pathic medical education pr ograms in
14 the United States prior to the existence of the Council on Naturopa thic Medical
15 Education, a competency-based state natur opathic medicine licensing examination or
16 equivalent Canadian pr ovincial licensing examination for the practice of naturo pathic
17 medicine appr oved by the board;
18 (e) Evidence that the applicant has passed a pharmacy examination authorized
19 by rules of the board and administer ed by the North American Board of Naturop athic
20 Examiners;
21 (f) Evidence that the applicant has passed a state jurisprudence examination
22 that meets standards established in rules of the board; and
23 (g) Evidence of pr ofessional liability insurance;
24 (3) Is determined by the board to be physically and mentally capable of safely
25 practicing naturo pathic medicine with or without reas onable accommodation; and
HB 2159 7
26 (4) Has not had a license to practice natur opathic medicine or other health car e
27 license, r egistration, or certificate ref used, r evoked, or suspended by any other
28 jurisdiction for reas ons that rel ate to the applicant's ability to skillfully and safely
29 practice natur opathic medicine unless that license, regist ration, or certification has been
30 r estored to good standing by that jurisdiction.
324.1930. 1. The board shall establish by rule guidelines for the licensur e
2 r equir ements described in section 324.1925 relat ing to graduation fr om an appr oved
3 natur opathic medical education prog ram. The guidelines shall meet the re quir ements of
4 this section and the board's specifications for the education of natur opathic doctors.
5 2. The req uirement for graduation fr om an appr oved naturop athic medical
6 education progra m shall be interpr eted in the guidelines as re quiring, at a minimum,
7 graduation fr om:
8 (1) A natur opathic medical education pr ogram in the United States pr oviding
9 the degr ee of doctor of natur opathic medicine, which shall:
10 (a) Offer graduate-level, full-time didactic and supervised clinical training;
11 (b) Be accred ited or have achieved candidacy status for accr editation by the
12 Council on Naturo pathic Medical Education or an equivalent federally r ecognized
13 accr editing body for natur opathic medical progr ams also recogn ized by the board; and
14 (c) Be an institution of higher education or part of an institution of higher
15 education that is either accr edited or is a candidate for accr editation by a regi onal or
16 national institutional accr editing agency recogni zed by the United States Secr etary of
17 Education;
18 (2) A degre e-granting institution of higher education that, prior to the existence
19 of the Council on Natur opathic Medical Education, offer ed a full-time, structur ed
20 curriculum in basic sciences and supervised patient car e comprising a doctoral
21 natur opathic medical education requi ring not less than one hundred thirty-two weeks of
22 coursework to be completed within a period of not less than thirty-five months, which
23 was r eputable and in good standing in the judgment of the board and which if still in
24 existence has curr ent progr ammatic accred itation by the Council on Naturo pathic
25 Medical Education or a federally recogn ized equivalent accr editing agency;
26 (3) A diploma-granting, degr ee-equivalent institution of higher education
27 located in Canada that, prior to the existence of the Council on Naturo pathic Medical
28 Education, had pr ovincial appr oval for participation in government-funded student aid
29 pr ograms, offer ed a full-time, structur ed curriculum in basic sciences and supervised
30 patient care comprising a doctoral natur opathic medical education r equiring not less
31 than one hundred thirty-two weeks of coursework to be completed within a period of
32 not less than thirty months, was r eputable and in good standing in the judgment of the
HB 2159 8
33 board, and if still in existence, has curren t pr ogrammatic accr editation by the Council
34 on Naturop athic Medical Education or a federally reco gnized equivalent accred iting
35 agency and curr ently has pr ovincial appr oval for participation in government-funded
36 student aid progr ams; or
37 (4) A diploma-granting, degr ee-equivalent institution of higher education
38 located in Canada that has pr ovincial appr oval for participation in government-funded
39 student aid pr ograms, offers graduate-level, full-time didactic and supervised clinical
40 training, and is accredi ted or has achieved candidacy status for accr editation by the
41 Council on Naturo pathic Medical Education or an equivalent federally r ecognized
42 accr editing body for naturop athic medical pr ograms also recog nized by the board.
324.1935. 1. A person who holds a license under sections 324.1900 to 324.1970
2 shall display the licensee's license in the licensee's place of business in a location clearly
3 visible to the licensee's patients and shall also display evidence of the licensee having
4 completed an appr oved natur opathic medical education pr ogram.
5 2. A person who practices, conducts affairs, or is employed at mor e than one
6 location and who maintains a continuing activity as authorized by the license shall
7 display a duplicate of such document issued by the board at each location.
324.1940. A licensee may practice natur opathic medicine to prov ide primary
2 car e in alignment with naturo pathic medical education by:
3 (1) Performing common diagnostic proced ures;
4 (2) Administering, dispensing, and ordering natur opathic therapies;
5 (3) Recommending, pr escribing, administering, dispensing, and ordering:
6 (a) All legend drugs and over -the-counter drugs;
7 (b) Controll ed substances within Schedules III, IV , and V of section 195.017,
8 excluding all opioids and opioid derivatives; and
9 (c) Durable medical equipment and devices;
10 (4) Administering substances authorized for intradermal, subcutaneous,
11 intramuscular , intravenous, ligamentous, tendinous, periarticular , intra-articular ,
12 intravaginal, and intrauterine administration consistent with the education and
13 training of a naturop athic doctor;
14 (5) Performing naturo pathic physical medicine;
15 (6) Recommending, ordering, and using therapeutic devices;
16 (7) Recommending, ordering, and using barrier contraception and contraceptive
17 devices, including intrauterine devices;
18 (8) Performing minor office pro cedur es;
19 (9) Pr oviding biofeedback and neur ofeedback therapies; and
HB 2159 9
20 (10) Pr oviding health car e counseling, nutritional counseling, and dietary
21 therapy .
324.1945. A natur opathic doctor who pr escribes in accordance with section
2 324.1940 shall:
3 (1) Record each pre scription order in writing, which may include an
4 electr onically r ecorded and transmitted communication. The order shall include the
5 name, addr ess, and telephone number of the natur opathic doctor;
6 (2) Pr escribe only when the natur opathic doctor has adequate education,
7 training, and experience to safely manage the medical r egimen; and
8 (3) Register with the United States Drug Enfor cement Administration (DEA) in
9 order to prescrib e control led substances authorized by sections 324.1900 to 324.1970.
324.1950. A licensee shall ref er to a physician licensed and authorized to engage
2 in the practice of medicine as described in section 334.010 any patient whose medical
3 condition should, at the time of evaluation or tre atment, be determined to be beyond the
4 scope of practice of the licensee.
324.1955. A licensee shall not:
2 (1) Perform major surgery;
3 (2) Use general or spinal anesthetics;
4 (3) Administer ionizing radioactive substances for therapeutic purposes;
5 (4) Perform a surgical pr ocedur e using a laser device;
6 (5) Perform a surgical pr ocedur e involving any of the following areas of the body
7 that extends beyond superficial tissue: eyes, ears, tendons, nerves, veins, or arteries;
8 (6) Perform a surgical or medical abortion;
9 (7) T reat any lesion suspected of malignancy or re quiring surgical rem oval;
10 (8) Practice chir opractic medicine;
11 (9) Practice acupuncture; or
12 (10) Practice physical therapy .
324.1960. Nothing in sections 324.1900 to 324.1970 shall be construed to pro hibit
2 or to r estrict:
3 (1) The practice of a health car e profes sion by an individual who is licensed,
4 certified, or regi stered under other laws of this state and who is performing services
5 within the individual's authorized scope of practice;
6 (2) The practice of natur opathic medicine by a student enrol led in an appr oved
7 natur opathic medical education pr ogram, pr ovided that the practice of naturo pathic
8 medicine by a student is performed as specified by a course of instruction or an
9 assignment fr om an instructor and under the supervision of an instructor who is a
10 licensee or a duly licensed pr ofessional in the instructed field;
HB 2159 10
11 (3) Any person who sells a vitamin or herb fr om pr oviding information about
12 the vitamin or herb;
13 (4) The practice of natur opathic medicine by persons who ar e licensed to
14 practice in any other state or district in the United States and who enter this state to
15 consult with a naturo pathic doctor of this state, pr ovided that the consultation is limited
16 to examination, reco mmendation, or testimony in litigation; or
17 (5) Any person or practitioner who is not licensed as a natur opathic doctor fr om
18 r ecommending ayurvedic medicine, herbal rem edies, nutritional advice, homeopathy , or
19 other therapy that is within the scope of practice of naturo pathic medicine, pr ovided
20 that the person or practitioner shall not:
21 (a) Use a title pr otected under section 324.1965;
22 (b) Repre sent or assume the character or appearance of a licensee; or
23 (c) Otherwise use a name, title, or other designation that indicates or implies that
24 the person is a licensee.
324.1965. 1. A licensee shall use the title "natur opathic physician" or
2 "natur opathic doctor" and the r ecognized abbr eviation "N.D.".
3 2. A licensee has the exclusive right to use the following terms in refe rence to the
4 licensee's self: "naturopa thic physician", "natur opathic doctor", "doctor of
5 natur opathic medicine", "N.D.", "ND", "NMD", and "N.M.D.".
6 3. An individual r epresent s the individual's self to be a naturop athic physician or
7 a naturop athic doctor when the individual uses or adopts any of the following terms in
8 r efer ence to the individual's self: "natur opathic physician", "natur opathic doctor",
9 "doctor of natur opathic medicine", "N.D.", "ND", "NMD", and "N.M.D.".
10 4. An individual shall not rep res ent the individual's self to the public as a
11 natur opathic physician, a natur opathic doctor , or a doctor of naturop athic medicine, or
12 as being otherwise authorized to practice natur opathic medicine in this state, unless the
13 individual is a licensee.
324.1970. 1. The board may ref use to issue, ren ew , or re instate any license
2 r equir ed by sections 324.1900 to 324.1970 for one or any combination of causes stated in
3 subsection 2 of this section. The board shall notify the applicant in writing of the
4 r easons for the r efusal and shall advise the applicant of his or her right to file a
5 complaint with the administrative hearing commission as pro vided in chapter 621.
6 2. The board may cause a complaint to be filed with the administrative hearing
7 commission as pr ovided by chapter 621 against any holder of a license issued under
8 sections 324.1900 to 324.1970 or any person who has failed to renew or has surr ender ed
9 his or her license for any one or any combination of the following causes:
HB 2159 1 1
10 (1) The person has been finally adjudicated and found guilty , or enter ed a plea of
11 guilty or nolo contender e, in a criminal pr osecution under the laws of any state, of the
12 United States, or of any country for any offense dir ectly r elated to the duties and
13 r esponsibilities of the occupation, as set forth in section 324.012, rega rdless of whether a
14 sentence is imposed;
15 (2) Use of fraud, deception, misr epr esentation, or bribery in securing any license
16 issued under sections 324.1900 to 324.1970 or in obtaining permission to take any
17 examination given or requ ired under sections 324.1900 to 324.1970;
18 (3) Obtaining or attempting to obtain any fee, charge, tuition, or other
19 compensation by fraud, deception, or misr epr esentation;
20 (4) Incompetency , misconduct, gr oss negligence, fraud, misre present ation, or
21 dishonesty in the performance of the functions or duties of the pr ofession regu lated by
22 sections 324.1900 to 324.1970;
23 (5) V iolation of, or assisting or enabling any person to violate, any pr ovision of
24 sections 324.1900 to 324.1970 or of any lawful rule or regu lation adopted under sections
25 324.1900 to 324.1970;
26 (6) Impersonation of any person holding a license or allowing any other person
27 to use his or her diploma from any school;
28 (7) Disciplinary action against the holder of a license or other right to practice
29 the pr ofession reg ulated by sections 324.1900 to 324.1970 granted by another state,
30 territory , federal agency , or country upon gr ounds for which revoca tion or suspension is
31 authorized in this state;
32 (8) A person is finally adjudged insane or incompetent by a court of competent
33 jurisdiction;
34 (9) Issuance of a license based upon a material mistake of fact; or
35 (10) Use of any advertisement or solicitation that is false, misleading, or
36 deceptive to the general public or persons to whom the advertisement or solicitation is
37 primarily dir ected.
38 3. Any person, organization, association, or corporation that rep orts or pro vides
39 information to the board or division in accordance with the pro visions of sections
40 324.1900 to 324.1970 and that does so in good faith and without negligence shall not be
41 subject to an action for civil damages as a r esult ther eof.
42 4. After the filing of a complaint under subsection 2 of this section, the
43 pr oceedings shall be conducted in accordance with the pr ovisions of chapter 621. Upon
44 a finding by the administrative hearing commission that one or mor e of the grou nds for
45 disciplinary action prov ided in subsection 2 of this section ar e met, the board may ,
46 singly or in combination, censure or place the person named in the complaint on
HB 2159 12
47 pr obation or suspension or revok e the license of the person on such terms and
48 conditions as the board deems appr opriate.
✔
HB 2159 13