Missouri Nurse Practice Act

Missouri Senate Bill No. 108, truly agreed to and finally passed at the first regular session of the 78th General Assembly of the State of Missouri (1976), states the following governing the practice of practical nursing. 

A "Licensed Practical Nurse" or "Practical Nurse" is one licensed under the provisions of this act to engage in the practice of practical nursing.

Practical Nursing is the performance for compensation of selected acts for the promotion of health and in the care of persons who are ill, injured, or experiencing alterations in normal health processes. Such performance requires substantial specialized skill, judgment, and knowledge. All such nursing care will be given under the direction of a person licensed in a state regulatory board to prescribe medications and treatments or a registered professional nurse. The term “direction” shall mean guidance or supervision provided by a person licensed by a state regulatory board to prescribe medications and treatments or a registered professional nurse, including, but not limited to, oral, written, or otherwise communicated orders or directives for patient care. When practical nursing care is delivered pursuant to the direction of a person licensed by a state regulatory board to prescribe medications and treatments or under the direction of a registered professional nurse, such care may be delivered by a licensed practical nurse without direct physical oversight.

Any person who holds a license to practice practical nursing in this state may use the title “Licensed Practical Nurse" and the abbreviation "LPN”. No other person will assume any title “Licensed Practical Nurse” or use any abbreviation “LPN” or any other words, letters, signs or devices to indicate that the person using the same is a Licensed Practical Nurse. 

No person shall practice or offer to practice practical nursing this state or use any title, sign, abbreviation, card, or device to indicatethat such person is a practicing practical nurse unless he or she has been duly licensed under the provisions of this act. 

In the interest of public safety and consumer awareness, it is unlawful for any person to use the title “nurse” in reference to himself or herself in any capacity, except individuals who are or have been licensed as a registered nurse, licensed practical nurse, or advanced practice registered nurse under this act.

THE MISSOURI NURSING PRACTICE ACT 335.066

In compliance with the Minimum Standards of Practical Nursing, each practical nursing student shall be informed regarding the following:

335.066. Denial, revocation, or suspension of license, grounds for civil immunity for providing information. 

1. The board may refuse to issue any certificate of registration or authority, permit or license required pursuant to sections 335.011 335.096 for one or any combinations of causes stated in subsections 2 of these section or the board may, as a condition to issuing or reinstating any such permit or license, require a person to submit himself or herself for identification, intervention, treatment, or rehabilitation by the impaired nurse program as provided in section 335.067. The board 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 board may cause a complaint to be filed with the administrative hearing commission as provided by chapter 621, RSMo, against any holder or any certificate of registration or authority, permit or license required by 335.011 to 335.066 or any 

person who has failed to renew or has surrendered his certificate of registration or authority, permit or license for anyone or any combination of the following causes:

(1) Use or unlawful possession of any controlled substance, as defined in 195 RSMO, or alcoholic beverage to an extent such use impairs a person's ability to perform the work of any profession licensed or regulated by sections 225.011 to 335.096;

(2) The person has been finally adjudicated and found guilty, or entered a plea of guilty or nolo contenders, in a criminal prosecution under the laws of any state or of the United States, for any offense reasonably related to the qualification, functions, or duties of any profession licensed or regulated by sections 335.011 to 225.096, 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 of registration of authority, permit or license issued pursuant to sections 335.011 to 335.096 or in obtaining permission to take an examination given or required pursuant sections 335.011 - 335.096; 

(4) Obtaining or attempting to obtain fee, charge tuition or other compensation by fraud, deception, or 

(5) Incompetency, misconduct, gross negligence, fraud, misrepresentation or dishonesty in the performance of the functions or duties of any profession licensed or regulated by sections 335.011 – 335.096. 

(6) Violation of, or assisting or enabling any person to violate any provision of this chapter, or of any lawful rule or regulation adopted pursuant to sections 335.011 - 335.096; 

(7) Impersonation of any person holding a certificate of registration or authority, permit or license or allowing any person to use his or her certificate of registration or authority, permit, license or diploma from any school; 

(8) Disciplinary action against the holder of a license or other right to practice any profession regulated by sections 335.011 - 335.096 granted by another state, territory, federal agency or country upon grounds for which revocation or suspension is authorized in this state;

(9) A person is finally adjudged insane or incompetent by a court or competent jurisdiction;

(10) Assisting or enabling any person to practice or offer to practice any profession licensed or regulated by sections 335.011 - 335.096 who is not registered and currently eligible to practice pursuant to sections 335.011 - 335.096;

(11) Issuance of a certificate of registration or authority, 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 law or rules and regulations of this state, any other state or the federal government;

(15) Placement on an employee disqualification list or other related restriction or finding pertaining to employment within a health-related profession issued by a state or federal government or agency following final disposition by such state or federal government of agency.

(16) Failure to successfully complete the impaired nurse program.