Missouri Court of Appeals, Western District / May 9, 2023
David Kubiak vs. Missouri State Board of Nursing
David Kubiak, a registered nurse, faced disciplinary action from the Missouri State Board of Nursing after multiple DWI convictions. The Board placed his license on probation, asserting that his repeated DWI offenses constituted crimes of moral turpitude, allowing them to bypass the Administrative Hearing Commission (AHC). The circuit court reversed the Board's decision, remanding with instructions to dismiss. On appeal, the Western District affirmed the circuit court, holding that misdemeanor DWI, even with multiple offenses, does not qualify as a crime of moral turpitude under the relevant statute, thus requiring the Board to proceed through the AHC.