Current through Register Vol. 63, No. 9, September 1, 2024
The following lists the Board's disciplinary practices with
respect to most common violations of law. Other less common violations may also
result in discipline. The Board will determine the severity of each violation
and decide the discipline to impose accordingly.
(1) General violations.
(a) The Board may attempt to resolve by
non-disciplinary means, allegations of the following kinds of violations, if
the Board determines there are compelling mitigating circumstances and if the
licensee has not been the subject of a final order which finds the licensee
committed a violation of a similar nature:
(A)
Practicing outside the scope of practice;
(B) Inadequate charting;
(C) Failure to report a change of
address;
(D) Prescribing off the
formulary;
(E) False or misleading
advertising; or
(F) Failure to
refer upon termination.
(c) The Board generally will take formal
disciplinary action for allegations of the following kinds of violations
(A) Negligent prescribing;
(B) Negligent treatment;
(C) Failure to act in accordance with the
American Association of Naturopathic Physicians Code of Ethics as adopted by
the Board;
(D) Failure to refer
when referral is appropriate;
(E)
Untimely response to Board investigation;
(F) Aiding or abetting unlawful practice by
an unlicensed person;
(G) Sexual
impropriety with a patient; or
(H)
Conviction of a crime involving moral turpitude.
(d) Discipline for violations listed in
(1)(c) may include a letter of reprimand, a civil penalty, probation, license
suspension, license limitations, and license revocation.
(e) For violations which are not listed in
subsections (1)(a) and (b) of this rule, the Board will determine the
appropriate discipline.
(2) Aggravating and Mitigating Factors or
Circumstances. Discipline proposed by the Board may increase in severity,
possibly up to license revocation, if there are aggravating circumstances.
Discipline may decrease in severity if there are mitigating circumstances.
(a) Aggravating circumstances include, but
are not limited to, the following:
(A) The
same or similar violation has occurred more than once;
(B) The violation occurred or was repeated
over a significant length of time;
(C) The licensee has previously been
disciplined by the Board or in another jurisdiction;
(D) The violation was deliberate or grossly
negligent;
(E) The licensee
received some benefit from committing the violation;
(F) The violation involved a significant
chance for causing harm to the patient or the public.
(b) Mitigating circumstances include, but are
not limited to, the following:
(A) The
licensee accepted responsibility for the violation;
(B) The licensee practiced a significant
period of time without complaints or disciplinary action taken by the Board or
any other jurisdiction.
(3) Probation. Probation may be added where
the circumstances indicate that future monitoring, training, or other follow-up
is necessary or appropriate. Probation may include completion of an approved
treatment program when a licensee is alleged to engage in habitual or excessive
use of drugs or alcohol.
(4)
Practice Restriction. Practice restriction or practice limitation may be added
where the circumstances warrant more than a civil penalty but less than a
license suspension.
(5) Education.
Education may be required when the circumstances indicate that further
education is merited to prevent a recurrence of the violation.
