Hawaii Administrative Rules
Title 11 - DEPARTMENT OF HEALTH
Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS
Chapter 113 - SUBSTANCE ABUSE TESTING BY LABORATORIES
Section 11-113-21 - Revocation, suspension, or denial of medical review officer license

Universal Citation: HI Admin Rules 11-113-21

Current through February, 2024

(a) Any medical review officer license may be revoked or suspended by the director at any time, or may be denied, for any one or more of the following acts or conditions on the part of the holder of such license or the applicant therefor:

(1) Being habituated to the excessive use of drugs or alcohol; or being addicted to, dependent on, or an habitual user of a narcotic, barbiturate, amphetamine, hallucinogen, or other drug having similar effects;

(2) Practicing as a medical review officer while the ability to practice is impaired by alcohol, drugs, or mental instability;

(3) Procuring a license through fraud, misrepresentation, or deceit or knowingly permitting an unlicensed person to perform activities requiring a license;

(4) Professional misconduct, gross negligence, or manifest incapacity in functioning as a medical review officer;

(5) Revocation, suspension, or other disciplinary action by another state or federal agency of a license or certificate for reasons as provided in this section;

(6) Conviction, whether by nolo contendere or otherwise, of a penal offense related to the qualifications, functions, or duties of a physician;

(7) Violation of chapter 329, Hawaii Revised Statutes, Uniform Controlled Substance Act, or any administrative rule adopted thereunder;

(8) Failure to report to the director, in writing, any disciplinary decision issued against the licensee or the applicant in another jurisdiction within thirty days after the disciplinary decision is issued; or

(9) Submitting to or filing with the director any notice, statement, or other document required under this chapter, which is false or untrue or contains any material misstatement or omission of fact.

(b) A medical review officer license may be revoked by the director if the director determines that revocation is necessary to ensure compliance with the provisions of this chapter. The period and terms of revocation shall be determined by the director and shall depend on the facts and circumstances of the revocation, and the need to ensure confidentiality of test results and other medical information.

(c) A medical review officer license may be immediately suspended by the director if evidence of one or more of the acts or conditions set forth in subsection (a) exists, or upon conviction for any criminal offense committed in any incident directly related to the duties or functions of the medical review officer pursuant to chapter 831, Hawaii Revised Statutes. The period and terms of suspension shall be determined by the director and shall depend upon the facts and circumstances of the suspension.

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