§ 23-74-11. Suspension.
(a) Penalties in suspension. In addition to any other remedy provided by law, the director may, acting through
a person to whom the director has delegated this authority and without a hearing,
suspend the right of an unlicensed health care practitioner to practice if the director's
delegate finds that the practitioner has violated a statute or rule that the director
is empowered to enforce and continued practice by the practitioner would create an
immediate risk of harm to others. The suspension is in effect upon service of a written
order on the practitioner specifying the statute or rule violated. The order remains
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§ 23-74-11. Suspension.
(a) Penalties in suspension. In addition to any other remedy provided by law, the director may, acting through
a person to whom the director has delegated this authority and without a hearing,
suspend the right of an unlicensed health care practitioner to practice if the director's
delegate finds that the practitioner has violated a statute or rule that the director
is empowered to enforce and continued practice by the practitioner would create an
immediate risk of harm to others. The suspension is in effect upon service of a written
order on the practitioner specifying the statute or rule violated. The order remains
in effect until the director issues a final order in the matter after a hearing or
upon agreement between the director and the practitioner. Service of the order is
effective if the order is served on the practitioner or counsel of record personally
or by first class mail. Within ten (10) days of service of the order, the director
shall hold a hearing. Within five (5) working days after the hearing, the director
shall issue an order.
(b) All findings in hearings under this chapter shall be made by clear and convincing
evidence.
(c) Any practitioner aggrieved by an order of the director may appeal the order pursuant
to the provisions of the Administrative Procedures Act, chapter 35 of title 42.
(d) Automatic suspension. The right of an unlicensed health care practitioner to practice is automatically suspended
if: (1) a guardian of an unlicensed health care practitioner is appointed by order
of a court of competent jurisdiction; or (2) the practitioner is committed by order
of a court. The right to practice remains suspended until the practitioner is restored
to capacity by a court and upon petition by the practitioner; the director terminates
the suspension after a hearing or upon agreement between the director and the practitioner.