§ 17-99-308 — Denial, suspension, or revocation - Procedure

(a) The procedure on all refusals, revocations, and suspensions of registration shall be prescribed by the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq. (b) (1) Any person may file a complaint with the Arkansas State Medical Board against any person having a license to practice respiratory care in this state charging the person with having violated the provisions of § 17-99-307 . (2) The complaint shall set forth a specification of charges in sufficient detail so as to disclose to the accused fully and completely the alleged acts of misconduct for which he or she is charged. (3) When the complaint is filed, the Executive Director of the Arkansas State Medical Board shall mail a copy to the accused by registered mail at his or her last address of record, with a written notice of the time and place of hearing, advising him or her that he or she may be present in person and by counsel, if he or she so desires, to offer evidence and be heard in his or her defense. (c) (1) At the time and place fixed for a hearing before the board, the board shall receive evidence upon the subject matter under consideration and shall accord the person against whom charges are preferred a full and fair opportunity to be heard in his defense. (2) The board shall not be bound by strict or technical rules of evidence but shall consider all evidence fully and fairly. However, all oral testimony considered by the board must be under oath. (d) (1) Appeal may be had by either of the parties from the decision of the board as now provided by law. (2) All evidence considered by the board shall be reduced to writing and available for the purposes of appeal. (e) Nothing in this section shall be construed so as to deprive any person of his or her rights without full, fair, and impartial hearing.

Legislative History

Acts 1969, No. 168, §§ 13, 14; A.S.A. 1947, §§ 72-1613, 72-1614; Acts 1987, No. 952, § 12.