§ 5-54-13. Procedure for discipline.
(a) When a sworn complaint is filed with the board charging a person with being guilty
of any of the actions specified in § 5-54-12, the division of professional regulation or the board shall immediately investigate
those charges. In the event that investigation reveals reasonable grounds for believing
that the applicant or physician assistant is guilty of the charges, and upon the recommendation
of the board or the administrator, the director shall fix a time and place for a hearing,
and shall cause a copy of the charges together with a notice of the time and the place
fixed for the hearing to be served u
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§ 5-54-13. Procedure for discipline.
(a) When a sworn complaint is filed with the board charging a person with being guilty
of any of the actions specified in § 5-54-12, the division of professional regulation or the board shall immediately investigate
those charges. In the event that investigation reveals reasonable grounds for believing
that the applicant or physician assistant is guilty of the charges, and upon the recommendation
of the board or the administrator, the director shall fix a time and place for a hearing,
and shall cause a copy of the charges together with a notice of the time and the place
fixed for the hearing to be served upon the accused 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 evidence on his or her
behalf; to cross-examine witnesses; and to have subpoenas issued by the administrator
of professional regulation. The attendance of witnesses and the production of books,
documents, and papers at the hearing may be compelled by subpoenas issued by the administrator
which shall be served in accordance with law. At the hearing, the director or his
or her designee shall administer oaths that may be necessary for the proper conduct
of the hearing. The director of health or his or her designee 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.
If the accused is found guilty of the charges, the director may refuse to issue a
registration to the applicant or may revoke or suspend his or her certificate or discipline
the person.
(b) Upon the revocation or suspension of any certificate, the holder of the certificate
shall surrender the certificate to the administrator of professional regulation who
shall strike the name of the holder from the register of physician assistants.