Filing of complaint; notice and hearing; effect of failure to appear; continuances; authorized disciplinary action; procedure for rehearing; limitations on reinstatement of revoked license or certificate; private reprimands prohibited; orders imposing discipline deemed public records.
1. The Board or any of its members who become aware of any ground for initiating disciplinary action against a person engaging in the practice of counseling alcohol and drug abusers in this state shall, and any other person who is so aware may, file a written complaint specifying the relevant facts with the Board. The complaint must specifically charge one or more of the grounds for initiating disciplinary action.
2. As soon as practicable after the filing of the complaint, the Board shall set a date for a hearing thereon. The date must not be earlier than 30 days after the complaint is filed, except that the date may be changed upon agreement of the parties. The Board shall immediately notify the licensed or certified counselor or certified intern of the complaint and the date and place set for the hearing. A copy of the complaint must be attached to the notice.
3. The failure of the licensed or certified counselor or certified intern to appear at the hearing does not delay or void the proceeding.
4. The Board may, for good cause, continue a hearing from time to time.
5. If, after notice and a hearing, the Board determines that the licensed or certified counselor or certified intern has violated a provision of this chapter or any regulation adopted pursuant to this chapter, it may:
(a) Administer a public reprimand;
(b) Suspend his license or certificate and impose conditions for the removal of the suspension;
(c) Revoke his license or certificate and prescribe the requirements for the reinstatement of the license or certificate;
(d) If he is a licensed or certified counselor, require him to be supervised by another person while he engages in the practice of counseling alcohol and drug abusers;
(e) Require him to participate in treatment or counseling and pay the expenses of that treatment or counseling;
(f) Require him to pay restitution to any person adversely affected by his acts or omissions;
(g) Impose a fine of not more than $5,000; or
(h) Take any combination of the actions authorized by paragraphs (a) to (g), inclusive.
6. If his license or certificate is revoked or suspended pursuant to subsection 5, the licensed or certified counselor or certified intern may apply to the Board for a rehearing within 10 days after the license or certificate is revoked or suspended. The licensed or certified counselor or certified intern may apply to the Board for reinstatement of his revoked license or certificate not earlier than 1 year after the license or certificate is revoked. The Board may accept or reject the application and may require the successful completion of an examination as a condition of reinstatement of the license or certificate.
7. The Board shall not administer a private reprimand.
8. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.
Last modified: February 27, 2006