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![handle is hein.sag/sagmo0005 and id is 1 raw text is: February 6, 2007
Honorable Margaret Donnelly
State Representative, District 73
State Capitol Building, Room 101-H
Jefferson City, MO 65101
Dear Representative Donnelly:
You have submitted the following question to this office for response:
Does a doctor who, in good faith, determines that a patient is physically
disabled pursuant to Section 301.142.1(4) violate Section 301.142.27 when he
or she is diagnosing a patient within the scope of his or her practice?
Section 301.142, RSMo [L.2006, H.B. No. 1762, § A.] [Footnote 1] establishes
the procedures and requirements for issuing and obtaining disabled license
plates and windshield placards. Sections 301.142.7 and 301.142.10 provide that
physically disabled persons, as defined in Section 301.142.1(4), and certain
others, may obtain disabled license plates and placards. Applications for disabled
plates and placards must be made to the director of revenue, and must be
accompanied by a statement, signed by a licensed physician or other authorized
health care practitioner as defined in Section 301.142.1, which certifies that the
applicant, user, or member of the applicant's household is a physically disabled
person as defined in Section 301.142.1(4).
Section 301.142.27 imposes criminal liability for certain violations of Section
301.142: [Footnote 2]
Fraudulent application, renewal, issuance, procurement or use of disabled
person license plates or windshield placards shall be a class A misdemeanor. It is
a class B misdemeanor for a physician, chiropractor, podiatrist or optometrist to
certify that an individual or family member is qualified for a license plate or
windshield placard based on a disability, the diagnosis of which is outside their
scope of practice or if there is no basis for the diagnosis.
When a statute is unambiguous, there is no need to resort to rules of statutory
construction. Kerperien v. Lumberman's Mut. Cas. Co., 100 S.W.3d 778 (Mo.
banc 2003). Section 301.142.27 is unambiguous as to the circumstances under
which a physician, chiropractor, podiatrist, or optometrist (hereinafter Provider)
commits a class B misdemeanor under that section. A Provider commits a class B
misdemeanor under that section when the Provider (1) certifies that an individual
or family member is qualified for a license plate or windshield placard based on a
disability and (2) the diagnosis of that disability is outside their scope of
practice,[Footnote 3] or there is no basis for the diagnosis.](ViewImageLocal?handle=hein.sag/sagmo0005&div=1&collection=&method=preview&ext=.png&size=3)