Section 324.043

Title XXII OCCUPATIONS AND PROFESSIONS

Chapter 324

Effective - 28 Aug 2011, 2 histories   

  324.043.  Statute of limitations for disciplinary proceedings — notice requirements — tolling, when. — 1.  Except as provided in this section, no disciplinary proceeding against any person or entity licensed, registered, or certified to practice a profession within the division of professional registration shall be initiated unless such action is commenced within three years of the date upon which the licensing, registering, or certifying agency received notice of an alleged violation of an applicable statute or regulation.

  2.  For the purpose of this section, notice shall be limited to:

  (1)  A written complaint;

  (2)  Notice of final disposition of a malpractice claim, including exhaustion of all extraordinary remedies and appeals;

  (3)  Notice of exhaustion of all extraordinary remedies and appeals of a conviction based upon a criminal statute of this state, any other state, or the federal government;

  (4)  Notice of exhaustion of all extraordinary remedies and appeals in a disciplinary action by a hospital, state licensing, registering or certifying agency, or an agency of the federal government.

  3.  For the purposes of this section, an action is commenced when a complaint is filed by the agency with the administrative hearing commission, any other appropriate agency, or in a court; or when a complaint is filed by the agency's legal counsel with the agency in respect to an automatic revocation or a probation violation.

  4.  Disciplinary proceedings based upon repeated negligence shall be exempt from all limitations set forth in this section.

  5.  Disciplinary proceedings based upon a complaint involving sexual misconduct shall be exempt from all limitations set forth in this section.

  6.  Any time limitation provided in this section shall be tolled:

  (1)  During any time the accused licensee, registrant, or certificant is practicing exclusively outside the state of Missouri or residing outside the state of Missouri and not practicing in Missouri;

  (2)  As to an individual complainant, during the time when such complainant is less than eighteen years of age;

  (3)  During any time the accused licensee, registrant, or certificant maintains legal action against the agency; or

  (4)  When a settlement agreement is offered to the accused licensee, registrant, or certificant, in an attempt to settle such disciplinary matter without formal proceeding pursuant to section 621.045 until the accused licensee, registrant, or certificant rejects or accepts the settlement agreement.

  7.  The licensing agency may, in its discretion, toll any time limitation when the accused applicant, licensee, registrant, or certificant enters into and participates in a treatment program for chemical dependency or mental impairment.

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(L. 2008 S.B. 788, A.L. 2011 H.B. 265)