§ 5-40-14 - Procedure for discipline of physical therapist.
SECTION 5-40-14
§ 5-40-14 Procedure for discipline ofphysical therapist. – (a) When a written allegation is filed with the board charging a person withhaving been guilty of any of the actions specified in § 5-40-13, thedivision of professional regulation shall immediately investigate thosecharges, or, the board, after investigation, may institute charges.
(1) In the event that investigation reveals reasonablegrounds for believing that the person is guilty of the charges, upon therecommendation of the board or the administrator, the director shall fix a timeand place for a hearing, and shall serve a copy of the charges together with anotice of the time and the place fixed for the hearing personally upon theaccused at least twenty (20) days prior to the time fixed for the hearing.
(2) When personal service cannot be effected and that fact iscertified by oath by any person authorized to make service, the board shallpublish once in each of two (2) successive weeks, a notice of the hearing in anewspaper published in the county where the accused last resided according tothe records of the board and shall mail a copy of the charges and of thatnotice to the accused at his or her last known address. When publication ofnotice is necessary, the date of the hearing shall not be less than twenty (20)days after the last date of publication of the notice.
(3) At the hearing, the accused has the right to appearpersonally or by counsel or both, to produce witnesses and evidence on his orher behalf, to cross-examine witnesses, and to have subpoenas issued by theadministrator of professional regulation. The attendance of witnesses and theproduction of books, documents, and papers at the hearing may be compelled bysubpoenas issued by the administrator, which shall be served in accordance withlaw.
(4) At the hearing, the administrator shall administer oathsas may be necessary for the proper conduct of the hearing.
(5) The board is not bound by the strict rules of procedureor by the laws of evidence in the conduct of its proceedings, but thedetermination shall be based upon sufficient legal evidence to sustain it.
(6) If the accused is found guilty of the charges, the boardmay refuse to issue a registration to the applicant or may revoke or suspendtheir license or otherwise discipline that person.
(c) Upon the revocation or suspension of any license, thelicense holder shall surrender the license to the administrator of professionalregulation who shall strike the name of the holder from the register.
(d) A revoked or suspended license may be reviewed at thediscretion of the board.