Practitioner; definition; standards of conduct; sanctions; grounds;
submission to examination
Sec. 11.1. (a) As used in this section, "practitioner" means an
individual who holds a certificate issued under this chapter.
(b) A practitioner shall conduct his duties as he is so certified in
accordance with the standards established by the board under section
9(a) of this chapter and is subject to the exercise of the disciplinary
sanctions under subsection (e), if after a hearing, the board finds:
(1) the practitioner has employed or knowingly cooperated in
fraud or material deception in order to obtain a certificate, or
has engaged in fraud or material deception in the course of
professional services or activities, or has advertised services in
a false or misleading manner;
(2) the practitioner has been convicted of a crime which has a
direct bearing on the practitioner's ability to continue to practice
competently;
(3) a practitioner has knowingly violated section 12 of this
chapter, or any rule adopted by the board under section 9(A)
under this chapter;
(4) a practitioner has continued to practice as certified although
he has become unfit to practice due to:
(A) professional incompetence;
(B) failure to keep abreast of current professional theory or
practice;
(C) physical or mental disability; or
(D) addiction or severe dependency upon alcohol or other
drugs which endangers the public by impairing a
practitioner's ability to practice safely;
(5) a practitioner has engaged in a course of lewd or immoral
conduct in connection with the delivery of services to clients;
or
(6) a practitioner has allowed his name or certificate issued to
him under this chapter to be used in connection with any
individual who renders mining services beyond the scope of his
training, experience or competence.
(c) The board may order a practitioner to submit to a reasonable
physical or mental examination if his physical or mental capacity to
practice safely is at issue in a disciplinary proceeding.
(d) Failure to comply with a board order to submit to a physical
or mental examination shall render a practitioner liable to the
summary revocation procedures under subsection (f).
(e) The board may impose any of the following sanctions, singly
or in combination, when it finds that a practitioner is guilty of any
offense under subsection (b):
(1) permanently revoke a practitioner's certificate;
(2) suspend a practitioner's certificate;
(3) censure a practitioner;
(4) issue a letter of reprimand; or
(5) place a practitioner on probation status and require the
practitioner to:
(A) report regularly to the board upon the matters which are
the basis of probation;
(B) limit practice to those areas prescribed by the board; or
(C) continue or renew professional education under a
practitioner approved by the board until satisfactory degree
of skill has been attained in those areas which are the basis
of the probation.
The board may withdraw the probation if it finds that the deficiency
which required disciplinary action has been remedied.
(f) The board may summarily suspend a practitioner's certificate
for a period of ninety (90) days in advance of a final adjudication or
during the appeals process if the board finds that a practitioner
represents a clear and immediate danger to the public health and
safety if he is allowed to continue to practice. The summary
suspension may be renewed upon a hearing before the board, and
each renewal may be for a period of ninety (90) days or less.
(g) A certificate issued under this chapter is automatically
suspended upon the conviction of the practitioner of a felony under
30 U.S.C. 820. A practitioner whose certificate is suspended under
this subsection may apply for reinstatement under subsection (h) if
at least five (5) years have elapsed from the practitioner's date of
discharge from probation, imprisonment, or parole from the felony.
(h) The board may reinstate a certificate which has been
suspended under this chapter if, after a hearing, the board is satisfied
that the applicant is able to practice with reasonable skill and safety.
As a condition for reinstatement, the board may impose disciplinary
or corrective measures authorized under this chapter.
(i) The board shall seek to achieve consistency in the application
of the sanctions authorized in this section, and significant departures
from prior decisions involving similar conduct shall be explained in
the board's findings or orders.
As added by Acts 1981, P.L.222, SEC.21. Amended by P.L.165-1997,
SEC.1.
Last modified: May 27, 2006