§ 23-74-11 - Suspension.
SECTION 23-74-11
§ 23-74-11 Suspension. – (a) Penalties in suspension. In addition to any other remedy provided bylaw, the director may, acting through a person to whom the director hasdelegated this authority and without a hearing, suspend the right of anunlicensed health care practitioner to practice if the director's delegatefinds that the practitioner has violated a statute or rule that the director isempowered to enforce and continued practice by the practitioner would create animmediate risk of harm to others. The suspension is in effect upon service of awritten order on the practitioner specifying the statute or rule violated. Theorder remains in effect until the director issues a final order in the matterafter a hearing or upon agreement between the director and the practitioner.Service of the order is effective if the order is served on the practitioner orcounsel of record personally or by first class mail. Within ten (10) days ofservice of the order, the director shall hold a hearing. Within five (5)working days after the hearing, the director shall issue an order.
(b) All findings in hearings under this chapter shall be madeby clear and convincing evidence.
(c) Any practitioner aggrieved by an order of the directormay appeal the order pursuant to the provisions of the AdministrativeProcedures Act, chapter 35 of title 42.
(d) Automatic suspension. The right of an unlicensedhealth care practitioner to practice is automatically suspended if: (1) aguardian of an unlicensed health care practitioner is appointed by order of acourt of competent jurisdiction; or (2) the practitioner is committed by orderof a court. The right to practice remains suspended until the practitioner isrestored to capacity by a court and upon petition by the practitioner; thedirector terminates the suspension after a hearing or upon agreement betweenthe director and the practitioner.