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Administrative Law: Nursing License-Discipline-Jurisdiction

Where respondent challenged the placement of his nursing license on probation, the court had jurisdiction to consider the merits of the appeal since the trial court’s judgment was a final judgment because it adjudicated the nursing board’s legal authority to pursue discipline against the appellant, and the board erred in disciplining the license without first obtaining a finding of a cause for discipline by the Administrative Hearing Commission, so the trial court’s judgment vacating the board’s discipline order is affirmed.

Judgment is affirmed.

Kubiak v. Missouri State Board of Nursing (MLW No. 79882/Case No. WD85529 – 14 pages) (Missouri Court of Appeals, Western District, Witt, J.) Appealed from circuit court, Cole County, Beetem, J. (David Frederick Barrett, Jefferson City, for respondent) (Kevin Robert Hall, Jefferson City, for appellant).


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