§ 59-1738 — Probation, reprimand, suspension or revocation of license

– Definitions. A. The State Board of Medical Licensure and Supervision shall revoke or suspend a license, probate a license suspension, or reprimand a licensee on proof of: 1. Any violation of the provisions of the Licensed Dietitian Act; 2. Any violation of a rule adopted by the Advisory Committee on Dietetic Registration of the State Board of Medical Examiners; 3. Failure to refer patients to other health care providers if symptoms indicate conditions for which treatment is outside the standards of practice as specified in the rules and regulations promulgated by the Board pursuant to the provisions of the Licensed Dietitian Act; 4. Use of drugs, narcotics, medication or intoxicating liquors to an extent which affects the professional competency of the applicant or licensee; 5. Conviction of a felony crime that substantially relates to the occupation of a licensed dietitian and poses a reasonable threat to public safety; 6. Obtaining or attempting to obtain a license as a dietitian by fraud or deception; 7. Gross negligence in the practice of nutrition; 8. A finding of mental incompetence by a court of competent jurisdiction and the licensee has not subsequently been lawfully declared sane; 9. Engagement in conduct contrary to the Standards of Professional Conduct established by the Board, whether in the course of his or her professional capacity or otherwise, which conduct would reasonably be found to bring discredit to the profession of dietetics; 10. Engagement in any act in conflict with the Code of Ethics established by the Board; or 11. A license suspended or revoked in another state. B. If the Board proposes to suspend or revoke a person's license, the person is entitled to a hearing before the Board. C. Proceedings for the suspension or revocation of a license are governed by rules and regulations of the Board. D. Conviction in a criminal proceeding shall not be a condition precedent to the imposition of discipline. E. As used in this section: 1. "Substantially relates" means the nature of criminal conduct for which the person was convicted has a direct bearing on the fitness or ability to perform one or more of the duties or responsibilities necessarily related to the occupation; and 2. "Poses a reasonable threat" means the nature of criminal conduct for which the person was convicted involved an act or threat of harm against another and has a bearing on the fitness or ability to serve the public or work with others in the occupation.

Legislative History

Added by Laws 1984, c. 144, § 18, eff. Nov. 1, 1984. Amended by Laws 2016, c. 368, § 2, eff. Nov. 1, 2016; Laws 2019, c. 363, § 56, eff. Nov. 1, 2019.