§ 5-34-25. Procedure for discipline of licensees.
(a) Upon filing a timely sworn complaint within a time period the board considers reasonable
with the board charging a person with having been guilty of any of the actions specified
in § 5-34-24, two (2) or more members of the board of nurse registration and nursing education
immediately shall investigate those charges, or the board, after investigation, may
institute charges.
(b) In the event that investigation, in the opinion of the board, reveals reasonable grounds
for believing the applicant or licensee is guilty of the charges, the board shall
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§ 5-34-25. Procedure for discipline of licensees.
(a) Upon filing a timely sworn complaint within a time period the board considers reasonable
with the board charging a person with having been guilty of any of the actions specified
in § 5-34-24, two (2) or more members of the board of nurse registration and nursing education
immediately shall investigate those charges, or the board, after investigation, may
institute charges.
(b) In the event that investigation, in the opinion of the board, reveals reasonable grounds
for believing the applicant or licensee is guilty of the charges, the board shall
notify the licensee of the charges and the time and place for a hearing at least twenty
(20) days prior to the time fixed for the hearing. At the hearing, the accused has
the right to appear personally, or by counsel, or both, to produce witnesses, and
to have subpoenas issued by the board. The attendance of witnesses and the production
of books, documents, and papers at the hearing may be compelled by subpoenas issued
by the board, which shall be served in accordance with the law. At the hearing, the
board shall administer oaths that may be necessary for the proper conduct of the hearing.
The board is not bound by the strict rules of procedure or by the laws of evidence
in the conduct of its proceedings, but the determination shall be based upon sufficient
legal evidence to sustain it. The board shall complete the investigation of each complaint
and issue a decision within six (6) months of the receipt of the complaint. The board
may extend the time for issuing its decision beyond the initial six-month (6) period
in documented cases in which delays in the process are the direct result of requests
or actions by the accused and/or his or her representative(s) or other good cause.
The board, on a case-by-case basis, for good cause shown in writing, may extend the
time for issuing its decision. If the accused is found guilty of the charges, the
board may revoke, suspend, or otherwise discipline a licensee.
(c) All hearings held under this section shall be conducted in accordance with the provisions
of chapter 35 of title 42, "administrative procedures act.�