§ 32-3227 — Unauthorized practice of a health profession; verification; posting; violation; classification; definition

A. A health profession regulatory board shall regulate the unauthorized practice of the health profession the board regulates.

B. A health profession regulatory board or the executive director of the board, if delegated and consistent with each regulatory board's statutory authority, shall do all of the following after receiving a complaint regarding a person who is alleged to have engaged in the unauthorized practice of a health profession:

1. Verify all of the person's licensure or certification documentation with the primary source of the documentation.

2. Retain all records of the complaint and documentation verification for at least ten years.

3. Post on the board's public website for five years information regarding the person who the board verifies has engaged in the unauthorized practice of a health profession. The person may petition the board to have the information removed earlier than five years.

C. A health profession regulatory board may issue a cease and desist order to stop a person from engaging in the unauthorized practice of a health profession.

D. A health profession regulatory board shall notify each complainant that the person may submit additional information at any time during the investigation if the information was not initially submitted.

E. If a complainant requests to have the complainant's identifying information withheld from the person against whom the allegation of unauthorized practice of a health profession is being made, the board shall keep the complainant's identifying information confidential.

F. A person who engages in the unauthorized practice of a health profession is guilty of a class 5 felony. A health profession regulatory board shall refer each verified complaint for the unauthorized practice of a health profession to the county attorney or attorney general for prosecution.

G. For the purposes of this section, "unauthorized practice of a health profession" means to engage in the practice of a health profession without having the licensure or certification required to practice in that health profession in this state.