Section 324.038

Title XXII OCCUPATIONS AND PROFESSIONS

Chapter 324

Effective - 28 Aug 2008   

  324.038.  Issuance of license subject to probation permitted, when, procedure. — 1.  Whenever a board within or assigned to the division of professional registration, including the division itself when so empowered, may refuse to issue a license for reasons which also serve as a basis for filing a complaint with the administrative hearing commission seeking disciplinary action against a holder of a license, the board, as an alternative to refusing to issue a license, may, at its discretion, issue to an applicant a license subject to probation.

  2.  The board shall notify the applicant in writing of the terms of the probation imposed, the basis therefor, and the date such action shall become effective.  The notice shall also advise the applicant of the right to a hearing before the administrative hearing commission, if the applicant files a complaint with the administrative hearing commission within thirty days of the date of delivery or mailing by certified mail of written notice of the probation.  If the board issues a probated license, the applicant may file, within thirty days of the date of delivery or mailing by certified mail of written notice of the probation, a written complaint with the administrative hearing commission seeking review of the board's determination.  Such complaint shall set forth that the applicant or licensee is qualified for nonprobated licensure pursuant to the laws and administrative regulations relating to his or her profession.  Upon receipt of such complaint the administrative hearing commission shall cause a copy of such complaint to be served upon the board by certified mail or by delivery of such copy to the office of the board, together with a notice of the place of and the date upon which the hearing on such complaint will be held.  Hearings shall be held pursuant to chapter 621.  The burden shall be on the board to demonstrate the existence of the basis for imposing probation on the licensee.  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 waived.

  3.  If the probation imposed includes restrictions or limitations on the scope of practice, the license issued shall plainly state such restriction or limitation.  When such restriction or limitation is removed, a new license shall be issued.

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(L. 2008 S.B. 788)