(a) Any person may file a complaint with the Arkansas State Medical Board against any person having a license to practice medicine in this state charging the licensee with:
(1) Failure to have the necessary qualifications as set out in § 17-95-403; and
(2) The commission of any of the offenses enumerated and described as unprofessional conduct in § 17-95-409.
(b) If the board finds a probable violation of the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., or the regulations of the board, the board shall review the complaint and issue an order and notice of hearing to the licensee.
(c) (1) The order and notice of hearing shall set forth a specification of charges in sufficient detail that the person accused shall have full and complete disclosure of any alleged acts of misconduct, impropriety, or lack of qualification.
(2) When an order and notice of hearing is issued, the board or its agent shall send by registered mail to the person's last address of record a copy of the order and notice of hearing along with a written notice of the time and place of the hearing and a statement advising the person that he or she may be present in person or by counsel to offer evidence and be heard in his or her defense.
(3) The time fixed for the hearing shall not be less than thirty (30) days from the date of the mailing of the notice.
(d) At the time and place fixed for a hearing before the board, the board shall receive evidence upon the subject under consideration and shall accord the person against whom charges are preferred a full and fair opportunity to be heard in his or her defense. The board shall not be bound by strict or technical rules of evidence but shall consider all evidence fully and fairly. However, all oral testimony considered by the board must be under oath.
(e) (1) At the conclusion of the hearing, the board shall first decide whether the accused is guilty of the charges against him or her and then decide on appropriate disciplinary action.
(2) If the accused is found not guilty, the board shall dismiss the charges.
(3) If the accused is found guilty, the board may do one (1) or more of the following:
(A) Revoke his or her license;
(B) Suspend his or her license for a period not to exceed one (1) year;
(C) Issue a reprimand;
(D) Impose a probation allowing the licensee to continue practicing under terms and conditions found to be in the best interest of the accused and the general public; or
(E) Levy a fine of up to one thousand dollars ($1,000) per violation of the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., and collect out-of-pocket costs of investigation incurred by the board to conduct the disciplinary hearing.
(4) If the board suspends the license, it may issue a temporary license for whatever duration it decides and renew this temporary license at its discretion.
(f) Appeals may be had by either of the parties from the decision of the board in the manner now provided by law. All evidence considered by the board shall be reduced to writing and available for the purpose of appeal or certiorari to any of the parties of the hearing.
(g) Nothing in this section shall be construed so as to deprive any person of his or her rights without a full, fair, and impartial hearing.
Section: Previous 17-95-402 17-95-403 17-95-404 17-95-405 17-95-406 17-95-407 17-95-408 17-95-409 17-95-410 17-95-411 17-95-412 NextLast modified: November 15, 2016