Missouri Revised Statutes

Mo. Rev. Stat. § 334.040 (2026)

Examination of applicants, how conducted, grades required, time limitations, extensions

✓ current as of May 2026
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  334.040.  Examination of applicants, how conducted, grades required, time limitations, extensions. — 1.  Except as provided in section 334.260, all persons desiring to practice as physicians and surgeons in this state shall be examined as to their fitness to engage in such practice by the board.  All persons applying for examination shall file a completed application with the board upon forms furnished by the board.

  2.  The examination shall be sufficient to test the applicant's fitness to practice as a physician and surgeon.  The examination shall be conducted in such a manner as to conceal the identity of the applicant until all examinations have been scored.  In all such examinations an average score of not less than seventy-five percent is required to pass; provided, however, that the board may require applicants to take the Federation Licensing Examination, also known as FLEX, or the United States Medical Licensing Examination (USMLE).  If the FLEX examination is required, a weighted average score of no less than seventy-five is required to pass.  Scores from one test administration of an examination shall not be combined or averaged with scores from other test administrations to achieve a passing score.  Applicants graduating from a medical or osteopathic college, as described in section 334.031 prior to January 1, 1994, shall provide proof of successful completion of the FLEX, USMLE, the National Board of Osteopathic Medical Examiners Comprehensive Licensing Exam (COMLEX), a state board examination approved by the board, compliance with subsection 2 of section 334.031, or compliance with 20 CSR 2150- 2.005.  Applicants graduating from a medical or osteopathic college, as described in section 334.031 on or after January 1, 1994, must provide proof of successful completion of the USMLE or the COMLEX or provide proof of compliance with subsection 2 of section 334.031.  The board shall not issue a permanent license as a physician and surgeon or allow the Missouri state board examination to be administered to any applicant who has failed to achieve a passing score within three attempts on licensing examinations administered in one or more states or territories of the United States, the District of Columbia or Canada.  The steps one, two and three of the United States Medical Licensing Examination or the National Board of Osteopathic Medical Examiners Comprehensive Licensing Exam shall be taken within a seven-year period with no more than three attempts on any step of the examination; however, the board may grant an extension of the seven-year period if the applicant has obtained a MD/PhD degree in a program accredited by the Liaison Committee on Medical Education (LCME) and a regional university accrediting body or a DO/PhD degree accredited by the American Osteopathic Association and a regional university accrediting body.  The board may waive the provisions of this section if the applicant is licensed to practice as a physician and surgeon in another state of the United States, the District of Columbia or Canada and the applicant has achieved a passing score on a licensing examination administered in a state or territory of the United States or the District of Columbia and no license issued to the applicant has been disciplined in any state or territory of the United States or the District of Columbia.

  3.  If the board waives the provisions of this section, then the license issued to the applicant may be limited or restricted to the applicant's board specialty.  The board shall not be permitted to favor any particular school or system of healing.

  4.  If an applicant has not actively engaged in the practice of clinical medicine or held a teaching or faculty position in a medical or osteopathic school approved by the American Medical Association, the Liaison Committee on Medical Education, or the American Osteopathic Association for any two years in the three-year period immediately preceding the filing of his or her application for licensure, the board may require successful completion of another examination, continuing medical education, or further training before issuing a permanent license.  The board shall adopt rules to prescribe the form and manner of such reexamination, continuing medical education, and training.

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(RSMo 1939 § 9983, A.L. 1941 p. 418, A.L. 1945 p. 1147, A.L. 1951 p. 727, A.L. 1959 S.B. 50 § 3, A.L. 1981 S.B. 16, A.L. 1993 H.B. 564 and H.B. 590, A.L. 1996 H.B. 1473, A.L. 1997 S.B. 141, A.L. 2000 H.B. 1848, A.L. 2011 H.B. 265, A.L. 2013 H.B. 315, A.L. 2016 H.B. 1682 merged with H.B. 1816)

Notes of Decisions
Cited in 5 cases, 1958–1974 · leading case: State Bd. of Reg. Ex Rel. Healing Arts v. Finch, 514 S.W.2d 608 (Mo. Ct. App. 1974).
State Bd. of Reg. Ex Rel. Healing Arts v. Finch, 514 S.W.2d 608 (Mo. Ct. App. 1974). · cites it 28× “The Board's dual refusal, in the first instance to permit Finch to take the examination prescribed by Section 334.040, RSMo 1969, V.A.M.S., and, in the second instance, to grant him a license after achieving a passing grade in the referred to examination, was predicated upon the…”
State ex rel. Collet v. Scopel, 316 S.W.2d 515 (Mo. 1958). · cites it 6× “150), “to practice medicine or *519 surgery in any of its departments, or to profess to cure and attempt to treat the sick and others afflicted with bodily or mental infirmities.”
State Ex Rel. Collet v. Errington, 317 S.W.2d 326 (Mo. 1958). · cites it 2× “010” are required to meet certain standards and procure from the State Board of Medical Examiners a license to practice medicine and surgery in this State (section 334.040, as amended Laws 1951, p.”
Guiley v. Lowe, 314 S.W.2d 232 (Mo. 1958). “020) or for the practice of medicine (§ 334.040). The question is rather whether the witness has been presumably qualified by the study of a prescribed course or by actual experience in practice.”
State Bd. of Reg. for the Healing Arts v. De Vore, 517 S.W.2d 480 (Mo. Ct. App. 1974). “031 and is therefore entitled to be examined for licensure, it is further directed to issue an appropriate order to accomplish an examination of appellant’s qualifications for licensure in accordance with § 334.040. This mandate shall be without prejudice to the right of either…”
Mo. Rev. Stat. § 334.040(2): 1 case
State ex rel. Collet v. Scopel, 316 S.W.2d 515 (Mo. 1958). “150), “to practice medicine or *519 surgery in any of its departments, or to profess to cure and attempt to treat the sick and others afflicted with bodily or mental infirmities.”
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