Disciplinary Actions, Grounds for Revocation, and Due Process
Grounds for discipline
Missouri law authorizes the Board to refuse, suspend, revoke, place on probation, reprimand, or fine a licensee for grounds that include unlicensed practice, fraud or deceit in obtaining a license, incompetence or gross negligence, unprofessional conduct, violation of Board rules, substance abuse impairing practice, felony conviction, and patient abuse or exploitation. Grounds are not limited to clinical errors; billing fraud, record falsification, and failure to cooperate with an investigation can also support action.
Due process
A contested disciplinary case is not decided by the Board alone. The Board files a complaint; the licensee receives notice and an opportunity for a hearing before the Administrative Hearing Commission (AHC). The AHC issues findings of fact and conclusions of law; the Board then imposes the sanction authorized by statute. The licensee may appeal the AHC decision through the courts. Due process requires notice of the charges, a fair hearing, and a decision supported by the record.
Worked example
The Board receives a complaint that a hygienist practiced on an expired license. The Board investigates and files a complaint. The hygienist disputes the dates. The AHC holds a hearing, reviews the renewal records, and finds the license lapsed. The Board may impose a sanction such as a reprimand, probation, or suspension; it cannot simply revoke without the hearing process.
Traps that cost marks
Do not assume the Board can sanction without evidence or a hearing. Do not ignore a Board inquiry; failure to respond can be a separate violation. Do not assume a criminal acquittal ends the Board case; the standards and burdens differ.