Current through Reg. 49, No. 38; September 20, 2024
(a) Content. This section establishes
standards relating to:
(1) offenses which are
a Class A misdemeanor under the Act;
(2) violations which result in disciplinary
actions;
(3) procedures for filing
complaints alleging violations of the Act or this chapter;
(4) the board's investigation of complaints;
and
(5) the board's actions when
violations have occurred.
(b) Types of offenses. A person commits a
Class A misdemeanor if the person intentionally or knowingly:
(1) practices medical physics in violation of
the Act; or
(2) uses in any manner
letters, terminology, symbols, or signs to indicate or imply that the person is
qualified or licensed to practice medical physics in a manner for which the
person is not licensed under the Act.
(c) Disciplinary action. The board may refuse
to issue or renew a license, may suspend, suspend on an emergency basis or
revoke a license, may reprimand a licensee, or may place a licensee on
probation for any of the following:
(1)
obtaining or renewing a license by means of fraud, misrepresentation, or
concealment of material facts;
(2)
having made application for or held a license issued by the licensing authority
of another state, territory, or jurisdiction that was denied, suspended, or
revoked by that licensing authority;
(3) engaging in unprofessional conduct that
endangered or is likely to endanger the health, safety, or welfare of the
public as described in §
601.14
of this title (relating to Code of Ethics);
(4) violating the Act, a lawful order or rule
of the board, or the board's code of ethics; or
(5) being convicted of a felony or
misdemeanor as described in §
601.15 of
this title (relating to Criminal Backgrounds).
(d) Filing of complaints.
(1) Anyone may complain to the board alleging
that a person or licensee has violated the Act or this chapter.
(2) A person wishing to complain against a
medical physicist or other person shall notify the executive secretary and
shall submit the complaint in writing.
(3) Anonymous complaints may be accepted if
sufficient information for investigation is submitted.
(e) Investigation of complaints.
(1) The executive secretary or the board's
designee shall request a response from the licensee or person against whom a
complaint has been filed.
(2) A
committee of the board shall be appointed to work with the executive secretary
in reviewing and resolving complaints. The executive secretary shall keep the
committee informed in a timely manner as to the status of the
complaint.
(3) If the committee
determines that there may be sufficient grounds to support the complaint, the
committee may request that the matters in question be investigated by the
department.
(4) If the committee
determines that there are insufficient grounds to support the complaint or that
further action is not warranted, the committee shall dismiss the complaint and
give written notice of the dismissal to the licensee or person against whom the
complaint has been filed and to the complainant.
(5) At least once each quarter, the board
shall notify the complainant of the status of his or her complaint until the
complaint is finally resolved or closed.
(6) If after investigation a complaint is not
dismissed by the committee of the board, the committee may recommend that the
license be revoked, suspended, or denied or that the licensee be reprimanded or
placed on probation or that other appropriate action as authorized by law be
taken by the board.
(7) If a
complaint is investigated, the investigator shall always attempt to contact the
complainant to discuss the complaint.
(f) Reprimand, suspension, revocation,
denial, probation, or administrative penalty, or emergency suspension.
(1) A reprimand is a written notice from the
board to the licensee stating that the licensee has violated the Act or this
chapter. A reprimand shall include a request that the licensee stop the
violation immediately.
(2) If the
board suspends a license, the suspension shall remain in effect for the period
of time stated in the order or until the board determines that the reason for
the suspension no longer exists.
(3) If a suspension overlaps a license
renewal date, the suspended licensee shall comply with the renewal procedures
in this chapter; however, the suspension shall remain in effect pursuant to
paragraph (2) of this subsection.
(4) Upon revocation, suspension, or
nonrenewal of a license, a licensee shall return his or her license certificate
and all existing renewal certificates to the board.
(5) If an administrative penalty is imposed
the amount of the penalty may not exceed $500 for each violation, and each day
a violation continues or occurs is a separate violation for imposing a penalty.
The total amount of the penalty assessed for a violation continuing or
occurring on separate days may not exceed $2,500.
(g) Prior to the institution of formal
proceedings to deny a renewal, revoke, or suspend a license, or impose an
administrative penalty, the executive secretary shall give written notice to
the licensee by personal service or certified mail, return receipt requested,
of the facts or conduct alleged to warrant denial, revocation, or suspension
and the licensee shall be given the opportunity, as described in the notice, to
show compliance with all requirements of the Act and this chapter.
(h) If denial, revocation, or suspension of a
license or reprimand or probation of a licensee or an administrative penalty is
proposed, the board office shall give written notice by certified mail, return
receipt requested; regular mail; or personal delivery of the basis for the
proposal and that the licensee or applicant must request, in writing, a formal
hearing within 30 days of receipt of the notice, or the right to a hearing
shall be waived and the proposed action shall be taken by the board.
(i) Receipt of a notice under subsection (g)
or (h) of this section is presumed to occur on the 10th day after the notice is
mailed to the last address known to the board unless another date is reflected
on a United States Postal Service return receipt.
