Effective - 28 Aug 2002
324.171. Refusal to issue a certificate of registration or authority, permit, or license, when. — 1. The board may refuse to issue any certificate of registration or authority, permit, or license required by sections 324.125 to 324.183 for one or any combination of causes listed 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 in chapter 621.
2. The board may cause a complaint to be filed with the administrative hearing commission as provided in chapter 621 against any holder of any certificate of registration or authority, permit, or license required by sections 324.125 to 324.183 or any person who has failed to renew or has surrendered his or her certificate of registration or authority, permit, or license for any one or combination of the following causes:
(1) Any violation of sections 324.125 to 324.183;
(2) Any violation of a rule or code of ethics adopted by the board; or
(3) Unprofessional conduct, which includes, but is not limited to, the following:
(a) Incompetence or gross negligence in carrying out usual perfusion functions;
(b) A conviction of practicing perfusion without a license or a provisional license;
(c) The use of advertising relating to perfusion in a way that violates state law;
(d) Procuring a license or provisional license by fraud, misrepresentation or mistake;
(e) Making or giving any false statement or information in connection with the application for a license or provisional license;
(f) Conviction of a felony or of any offense substantially related to the qualifications, functions and duties of a perfusionist, in which event the record of the conviction shall be conclusive evidence of such offense; or
(g) Impersonating an applicant or acting as proxy for an applicant in any examination required pursuant to sections 324.125 to 324.183 for the issuance of a license.
3. After the filing of such complaint, the proceedings shall be conducted in accordance with chapter 621. Upon a finding by the administrative hearing commission that the grounds in subsection 2 of this section for disciplinary action are met, the board may, singly or in combination:
(1) Reprimand or place the person on probation on such terms and conditions as the board deems appropriate for a period not to exceed ten years; or
(2) Suspend the person's license, certificate, or permit for a period not to exceed three years; or
(3) Revoke the person's license, certificate, or permit.
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(L. 1997 S.B. 141 § 31, A.L. 2002 H.B. 1937)