SECOND REGULAR SESSION
93RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE BLACK.
Read 1st time March 30, 2006 and copies ordered printed.
STEPHEN S. DAVIS, Chief Clerk
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Section A. Sections 190.142, 190.143, 190.146, 190.160, 190.165, 190.171, 190.172, 190.175, and 190.196, RSMo, are repealed and twelve new sections enacted in lieu thereof, to be known as sections 190.196, 334.935, 334.938, 334.941, 334.944, 334.947, 334.950, 334.953, 334.956,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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