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§ 1351. Board of Medical Practice

§ 1351. Board of Medical Practice (a) The Board of Medical Practice is created. The Board shall be composed of 17 members, nine of whom shall be licensed physicians, one of whom shall be a physician assistant licensed pursuant to chapter 31 of this title, one of whom shall be a podiatrist licensed pursuant to […]

§ 1353. Powers and duties of the Board

§ 1353. Powers and duties of the Board The Board shall have the following powers and duties to: (1) License and certify health professionals pursuant to this title. (2) Investigate all complaints and charges of unprofessional conduct against any holder of a license or certificate, or any medical practitioner practicing pursuant to section 1313 of […]

§ 1354. Unprofessional conduct

§ 1354. Unprofessional conduct (a) The Board shall find that any one of the following, or any combination of the following, whether the conduct at issue was committed within or outside the State, constitutes unprofessional conduct: (1) fraud or misrepresentation in applying for or procuring a medical license or in connection with applying for or […]

§ 1364. References to the State Board of Medical Registration

§ 1364. References to the State Board of Medical Registration The State Board of Medical Registration is abolished. All references in the Vermont Statutes Annotated to the State Board of Medical Registration shall be deemed from and after July 1, 1976, to refer to the State Board of Medical Practice. (Added 1975, No. 249 (Adj. […]

§ 1365. Notice of conviction of crime; interim suspension of license

§ 1365. Notice of conviction of crime; interim suspension of license (a) The Board shall treat a notice of conviction of a crime for which a licensee may be disciplined under section 1354 of this title as an unprofessional conduct complaint. A certified copy of the judgment of conviction shall be conclusive evidence of the […]

§ 1366. Out-of-state discipline; interim suspension of license

§ 1366. Out-of-state discipline; interim suspension of license (a) The Board shall treat a certified copy of an order revoking or suspending the license of a person licensed to practice medicine or surgery in another jurisdiction on grounds for which a licensee may be disciplined under subdivision 1354(a)(23) of this title as an unprofessional conduct […]

§ 1367. Appeals from Board orders

§ 1367. Appeals from Board orders A party aggrieved by a final order of the Board may, within 30 days of the order, appeal that order to the Vermont Supreme Court on the basis of the record created before the Board. (Added 2001, No. 132 (Adj. Sess.), § 10, eff. June 13, 2002.)

§ 1368. Data repository; licensee profiles

§ 1368. Data repository; licensee profiles (a) A data repository is created within the Department of Health that will be responsible for the compilation of all data required under this section, under this chapter, and under any other law or rule that requires the reporting of such information. Notwithstanding any provision of law to the […]

§ 1370. Complaints; investigative committee

§ 1370. Complaints; investigative committee (a)(1) Any individual, organization, or public officer may submit a written complaint to the Board alleging that any individual practicing medicine in the State committed unprofessional conduct or that an individual practiced without being licensed in violation of section 1314 of this chapter. The complaint shall specify the grounds on […]

§ 1371. Access to documents; discovery

§ 1371. Access to documents; discovery (a)(1) A licensee who is notified that a specification of one or more charges of unprofessional conduct have been made against the individual in accordance with subdivision 1370(b)(3) of this chapter shall be entitled to inspect and copy all information in the possession of the Department of Health pertaining […]

§ 1372. Hearing panel

§ 1372. Hearing panel (a) Composition of hearing panel. (1) The Executive Director may designate a hearing panel constituting less than a quorum of the Board to conduct hearings that would otherwise be heard by the full Board. A hearing panel shall consist of at least three members, including at least one physician member of […]

§ 1373. Hearing before the Board

§ 1373. Hearing before the Board (a) If the Board deems it necessary, following receipt of the report of the hearing panel pursuant to section 1372 of this chapter and after further notice to the individual complained against, the Board may take additional evidence at a hearing before the Board, which shall be conducted according […]

§ 1374. Decision and order

§ 1374. Decision and order (a) Regardless of whether the Board makes its determination on the findings of the hearing panel pursuant to section 1372 of this chapter alone, on the findings of the hearing panel as supplemented by a hearing before the Board pursuant to section 1373 of this chapter, or on its own […]

§ 1375. Subpoenas; contempt

§ 1375. Subpoenas; contempt (a) The Board may issue subpoenas to compel the attendance of witnesses at any investigation or hearing. (b) The Board shall issue subpoenas on behalf of the individual complained against at the request of such person. (Added 2019, No. 126 (Adj. Sess.), § 1.)

§ 1376. Confidentiality; inadmissibility of certain evidence

§ 1376. Confidentiality; inadmissibility of certain evidence (a) A hearing panel or the Board, or both, may close portions of a hearing or hearings to the public if the panel or Board deems it appropriate in order to protect the confidentiality of an individual or for medical and other protected health information pertaining to any […]

§ 1377. Nondisciplinary financial penalty

§ 1377. Nondisciplinary financial penalty (a) For violations of statutes and Board rules of an administrative nature, the Board may, in its sole discretion, elect to offer a licensee the opportunity to pay a nondisciplinary financial penalty of not more than $250.00 for each instance of noncompliance. If the licensee accepts the offer and submits […]