(1)The board, through the
department, may employ administrative law judges, on a full-time or part-time
basis, to conduct hearings as provided by this article 215 or on any matter within the
board's jurisdiction upon the conditions and terms the board may determine.
(2)A proceeding for the discipline of a licensee may be commenced when
the board has reasonable grounds to believe that a licensee under the board's
jurisdiction has committed an act that may violate section 12-215-115.
(3)Disciplinary proceedings and hearings shall be conducted in the manner
prescribed by article 4 of title 24 and section 12-20-403.
(4)A previously issued license to engage in the practice of chiropractic shall
not be revoked or suspended until after a hearing conducted pursuant to section
24-4-1
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(1) The board, through the
department, may employ administrative law judges, on a full-time or part-time
basis, to conduct hearings as provided by this article 215 or on any matter within the
board's jurisdiction upon the conditions and terms the board may determine.
(2) A proceeding for the discipline of a licensee may be commenced when
the board has reasonable grounds to believe that a licensee under the board's
jurisdiction has committed an act that may violate section 12-215-115.
(3) Disciplinary proceedings and hearings shall be conducted in the manner
prescribed by article 4 of title 24 and section 12-20-403.
(4) A previously issued license to engage in the practice of chiropractic shall
not be revoked or suspended until after a hearing conducted pursuant to section
24-4-105, except in the case of a deliberate and willful violation of this article 215
or if the public health, safety, and welfare require emergency action under section
24-4-104 (4). The denial of an application to renew an existing license shall be
treated in all respects as a revocation. If an application for a new license is denied,
the applicant, within sixty days after the giving of notice of such action, may
request a hearing as provided in section 24-4-105.
(5) (a) A person providing copies of records subpoenaed pursuant to section
12-20-403 (2) shall prepare them from the original record and shall delete from the
copy provided pursuant to the subpoena the name of the patient, but he or she shall
identify the patient by a numbered code, to be retained by the custodian of the
records from which the copies were made.
(b) Upon certification of the custodian that the copies are true and complete
except for the patient's name, they shall be deemed authentic, subject to the right
to subpoena the originals for the limited purpose of ascertaining the accuracy of
the copies. The originals shall remain confidential and be returned to the custodian
as soon as the accuracy of the copy is ascertained or as soon as the case is
concluded if the original is needed as evidence of falsification. No privilege of
confidentiality shall exist with respect to the copies, and no liability shall lie against
the board or the custodian for furnishing or using the copies in accordance with this
subsection (5).
(6) If a licensee has committed an act that violates section 12-215-115, the
board shall take disciplinary or other action as specified in section 12-20-404 or
otherwise discipline a licensee as provided for in this article 215. A revoked or
suspended license may thereafter be reissued by the board. The board may dismiss
or terminate probation prior to the completion of the probationary period.
(7) The board may send a letter of admonition by certified mail to a
chiropractor against whom a complaint was made under the circumstances
specified in and in accordance with section 12-20-404 (4) and shall also send a copy
of the letter of admonition to the person making the complaint.
(8) Notwithstanding other laws to the contrary, investigations, examinations,
meetings, and other proceedings of the board conducted pursuant to this section
are not required to be conducted publicly, and minutes of the board need not be
open to public inspection; except that final action of the board taken pursuant to
this section shall be open to the public.