§ 63-27-112. Disciplinary Sanctions — Complaints of Violations — Civil Penalties — Use of Witnesses
The board has the power to impose any of the disciplinary sanctions set forth in this section whenever the licensee is found guilty of violating this chapter or committing any of the following acts or offenses:
Making false or misleading statements or committing fraud in procuring a license;
Immoral, unethical, unprofessional or dishonorable conduct;
Habitual intoxication or personal misuse of narcotics, controlled substances, controlled substance analogues or any other drugs or the use of alcoholic beverages or stimulants in such manner as to adversely affect the person’s ability to practice respiratory care;
Conviction of a felony or of any offense involving moral turpitude or of any violation of the drug laws of this state or of the United States;
Violation or attempted violation, directly or indirectly, assisting in or abetting the violation of, or conspiring to violate, any provision of this chapter or any lawful order of the board or any criminal statute of this state;
Gross health care liability, ignorance, negligence or incompetence in the course of professional practice;
Making or signing in one’s professional capacity any document that is known to be false at the time it is made or signed;
Engaging in the practice of respiratory care when mentally or physically unable to safely do so;
Making false statements or representations or being guilty of fraud or deceit in the practice of respiratory care;
Having disciplinary action imposed by another state or territory of the United States for any acts or omissions that would constitute grounds for discipline of a person licensed to practice respiratory care in this state; provided, further, that a certified copy of the order or other document memorializing the disciplinary action by the other state or territory shall constitute prima facie evidence of a violation of this section; or
Any other unprofessional or unethical conduct specified in the rules of the board.
Complaints alleging violations of this chapter, or any rule duly promulgated pursuant to § 63-27-104, shall be filed with the board, shall be referred by the board to the division for investigation, and shall be resolved by the board in accordance with this chapter and the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. A file shall be maintained on each such complaint filed with the board and shall reflect all activities taken by the board and division in response to such complaint.
The board may impose one (1) or more of the following penalties for violations of this chapter or any rule duly promulgated pursuant to § 63-27-104:
Denial of an application for licensure;
Revocation or suspension of licensure;
Imposition of an administrative fine not to exceed five hundred dollars ($500) for each count or separate offense;
Placement of the certified respiratory therapist, respiratory assistant or registered respiratory therapist on probation for such length of time and subject to such conditions as the board may specify, including requiring the certified respiratory therapist, respiratory assistant or registered respiratory therapist to submit to treatment, to attend continuing education courses, or to work under the supervision of another certified respiratory therapist or registered respiratory therapist; or
Issuance of a reprimand.
The board shall be empowered to refuse to reinstate licensure or cause a license to be issued to a person it has deemed unqualified, until such time as it finds that such person has complied with all the terms and conditions set forth in the final order rendered pursuant to subsection (a) and that the respiratory assistant, certified respiratory therapist or registered respiratory therapist is capable of safely engaging in the delivery of respiratory care services.
The chair of the board has the authority to administer oaths to witnesses and, upon probable cause being established, to issue subpoenas for the attendance of witnesses and the production of documents and records.
An action taken under this section shall be subject to the applicable provisions of the Fresh Start Act that are compiled in chapter 1, part 1 of this title.
