§ 23-74-1. Definitions and applicability. (a) As used in this chapter, the following terms have the following meanings: (1) “Director” or “director of health” means the director of the department of health or the director’s designee; (2) “Unlicensed health care client” means an individual who receives services from an unlicensed health care practitioner; (3) “Unlicensed […]
§ 23-74-10. Hearings. (a) If the director proposes to take action against the practitioner as described in this chapter and pursuant to § 23-1-22, the director must first notify the practitioner against whom the action is proposed to be taken and provide the practitioner with an opportunity to request a hearing. If the practitioner does […]
§ 23-74-11. Suspension. (a) Penalties in suspension. In addition to any other remedy provided by law, the director may, acting through a person to whom the director has delegated this authority and without a hearing, suspend the right of an unlicensed health care practitioner to practice if the director’s delegate finds that the practitioner has […]
§ 23-74-12. Licensed or regulated practitioners. If a practitioner investigated under this chapter is licensed or registered by the director of health or a health-related licensing board, is subject to the jurisdiction of the director, and the director determines that the practitioner has violated any provision of this chapter, the director in addition to taking […]
§ 23-74-13. Additional remedies. (a) Cease and desist. (1) The director may issue a cease and desist order to stop a person from violating or threatening to violate a statute, rule, or order which the department has issued or is empowered to enforce. The cease and desist order must state the reason for its issuance […]
§ 23-74-14. Unlicensed health care client bill of rights. (a) Scope. All unlicensed health care practitioners shall provide to each unlicensed health care client prior to providing treatment a written copy of the unlicensed health care client bill of rights. A copy must also be posted in a prominent location in the office of the […]
§ 23-74-2. Maltreatment of minors prohibited. Nothing in this chapter shall restrict the ability of a local law enforcement agency or the director of the department of children, youth and families to take action regarding the maltreatment of minors. A parent who obtains unlicensed health care for the parent’s minor child is not relieved of […]
§ 23-74-3. Professional accountability. The department shall maintain and keep current a file containing the reports and complaints filed against unlicensed health care practitioners within the director’s jurisdiction. Each complaint filed with the department must be investigated. History of Section.P.L. 2002, ch. 133, § 1.
§ 23-74-4. Prohibited conduct. The director may impose disciplinary action as described in this chapter against any unlicensed health care practitioner. The following conduct is prohibited and is grounds for disciplinary action: (1) Conviction of a crime, including a finding or verdict of guilt, and admission of guilt, or a no contest plea, in any […]
§ 23-74-5. Less customary approach. The fact that a health care practice may be a less customary approach to health care shall not constitute the basis of a disciplinary action per se. History of Section.P.L. 2002, ch. 133, § 1.
§ 23-74-6. Evidence in actions. In any disciplinary action alleging a professional violation of the provisions of this chapter, a copy of the judgment or proceeding under the seal of the court administrator or clerk of the administrative agency that entered the judgment or proceeding is admissible into evidence without further authentication and constitutes prima […]
§ 23-74-7. Examination access of medical data. The director may require an unlicensed practitioner to undergo a physical or psychiatric examination by a physician acceptable to the director from a list provided to the practitioner if probable cause exists to believe that allegations of misconduct against him or her are caused by an impairment which […]
§ 23-74-8. Disciplinary actions. Forms of disciplinary action. When the director finds that an unlicensed health care practitioner has violated any provision of this chapter, the director may take one or more of the following actions, only against the individual practitioner: (1) Revoke the right to practice; (2) Suspend the right to practice; (3) Impose […]
§ 23-74-9. Discovery — Subpoenas. In all matters relating to the lawful activities of the department, the director may issue subpoenas and compel the attendance of witnesses and the production of all necessary papers, books, records, documents, and other evidentiary material. Any person failing or refusing to appear or testify regarding any matter about which […]
