(1) The director
may take disciplinary action against a licensee if the director finds that the person
has represented himself or herself to be a licensed respiratory therapist after the
expiration or suspension of his or her license.
(2) The director has the power to take disciplinary or other action as
authorized in section 12-20-404 against a licensee in accordance with subsections
(4), (5), (6), and (8) of this section upon proof that the person:
(a) Has procured or attempted to procure a license by fraud, deceit,
misrepresentation, misleading omission, or material misstatement of fact;
(b) (I) Has been convicted of or has entered and had accepted by a court a
plea of guilty or nolo contendere to:
(A) A felony pursuant to section 18-1.3-401; or
(B) Any crime as defined in title 18 that relates to the person's employment
as a respiratory therapist.
(II) A certified copy of the judgment of a court of competent jurisdiction of
the conviction or plea shall be prima facie evidence of the conviction. In conjunction
with any disciplinary proceeding pertaining to this subsection (2)(b), the director
shall be governed by sections 12-20-202 (5) and 24-5-101.
(c) Has willfully or negligently acted in a manner inconsistent with the health
or safety of persons under his or her care;
(d) Has had a license to practice respiratory therapy or any other health-care
occupation suspended, revoked, or otherwise subjected to discipline in any
jurisdiction. A certified copy of the order of suspension, revocation, or discipline
shall be prima facie evidence of the suspension, revocation, or discipline.
(e) Has violated or has aided or knowingly permitted any person to violate
this article 300 or an applicable provision of article 20 or 30 of this title 12;
(f) Practiced respiratory therapy in a manner that failed to meet generally
accepted standards for respiratory therapists;
(g) Has negligently or willfully violated any order or rule of the director
pertaining to the practice or licensure of respiratory therapy;
(h) Has a substance use disorder, as defined in section 27-81-102, or is an
excessive or habitual user or abuser of alcohol or habit-forming drugs or is a
habitual user of a controlled substance, as defined in section 18-18-102 (5), or other
drugs having similar effects; except that the director has the discretion not to
discipline the license holder if he or she is participating in good faith in an alcohol or
substance use disorder treatment program approved by the director;
(i) (I) Has failed to notify the director, as required by section 12-30-108 (1), of
a physical condition, physical illness, or behavioral, mental health, or substance use
disorder that affects the licensee's ability to practice respiratory therapy with
reasonable skill and safety or that may endanger the health or safety of persons
under his or her care;
(II) Has failed to act within the limitations created by a physical condition,
physical illness, or behavioral, mental health, or substance use disorder that
renders the person unable to practice respiratory therapy with reasonable skill and
safety or that might endanger the health or safety of persons under his or her care;
or
(III) Has failed to comply with the limitations agreed to under a confidential
agreement entered pursuant to sections 12-30-108 and 12-300-111;
(j) Has committed:
(I) A fraudulent insurance act as defined in section 10-1-128;
(II) An abuse of health insurance, as set forth in section 18-13-119, or
advertised through any medium that he or she will perform an act prohibited by
section 18-13-119 (3);
(k) Has engaged in any of the following activities or practices:
(I) Willful and repeated ordering and performance, without justification, of
demonstrably unnecessary laboratory tests or studies;
(II) Administering treatment that is demonstrably unnecessary, without
clinical justification;
(III) Failing to obtain consultations or perform referrals when failing to do so
is inconsistent with the standard of care for the profession; or
(IV) Ordering or performing, without clinical justification, a service,
procedure, or treatment that is contrary to recognized standards of the practice of
respiratory therapy as interpreted by the director;
(l) Has practiced respiratory therapy without possessing a valid license
issued by the director in accordance with this article 300 and any rules adopted
under this article 300;
(m) Has used in connection with his or her name any designation that implies
that he or she is a certified, registered, or licensed respiratory therapist, unless the
person is licensed pursuant to this article 300;
(n) Has practiced respiratory therapy as a licensed respiratory therapist
during the time that his or her license was suspended, revoked, or expired;
(o) Has sold, fraudulently obtained, or furnished a license to practice as a
licensed respiratory therapist, or has aided or abetted the activity;
(p) Has failed to notify the director of the suspension, probation, or
revocation of any of the person's past or currently held licenses, certificates, or
registrations required to practice respiratory therapy in this or any other
jurisdiction;
(q) Has knowingly employed any person who is not licensed in the practice of
respiratory therapy in the capacity of a respiratory therapist;
(r) Has failed to respond in a timely manner to a complaint issued under this
article 300; or
(s) Has refused to submit to a physical or mental examination when ordered
by the director pursuant to section 12-300-110.
(3) The director shall revoke, suspend, deny, or refuse to renew a license,
place a licensee on probation, or issue a cease-and-desist order or letter of
admonition to a licensee in accordance with subsections (4), (5), (6), and (8) of this
section upon proof that the person:
(a) Has falsified or repeatedly made incorrect essential entries or repeatedly
failed to make essential entries on patient records;
(b) Has practiced outside of or beyond the person's area of training,
experience, or competence.
(4) Except as otherwise provided in subsection (2) of this section, the
director need not find that the actions that are grounds for discipline were willful
but may consider whether the actions were willful when determining the nature of
disciplinary sanctions to be imposed.
(5) A disciplinary proceeding may be commenced when the director has
reasonable grounds to believe that a licensee has committed acts that may violate
this section.
(6) Disciplinary proceedings shall be conducted pursuant to section 12-20-403 and article 4 of title 24.
(7) (a) The director may seek an injunction in accordance with section 12-20-406 to enjoin any person from committing any act prohibited by this article 300.
(b) In accordance with the provisions of article 4 of title 24, this article 300,
and section 12-20-403, the director is authorized to investigate, hold hearings, and
gather evidence in all matters related to the exercise and performance of the
powers and duties of the director.
(8) If the director finds the charges proved and orders that discipline be
imposed, the director may require, as a condition of reinstatement, that the licensee
take such therapy or courses of training or education as may be needed to correct
any deficiency found.
(9) A final action of the director may be judicially reviewed in accordance
with section 12-20-408, and judicial proceedings for the enforcement of an order of
the director may be instituted in accordance with section 24-4-106.
(10) An employer of a respiratory therapist shall report to the director any
disciplinary action taken against the therapist or the resignation of the therapist in
lieu of disciplinary action for conduct that violates this article 300.
(11) (a) Investigations, examinations, hearings, meetings, and other
proceedings of the director conducted pursuant to this section shall be exempt
from any law that requires:
(I) The proceedings to be conducted publicly; or
(II) The minutes or records of the director, with respect to action taken
pursuant to this section, to be open to the public.
(b) Subsection (11)(a) of this section shall not apply after the director has
made a decision to proceed with a disciplinary action and has served by first-class
mail a notice of formal complaint on the licensee.
(12) The director may issue and send a letter of admonition to a licensee
under the circumstances specified in and in accordance with section 12-20-404 (4).
(13) The director may send a confidential letter of concern to a licensee
under the circumstances specified in section 12-20-404 (5).
(14) The director may issue cease-and-desist orders under the circumstances
and in accordance with the procedures specified in section 12-20-405.