(1) The board may refrain from issuing a license or may grant a license subject to terms of probation if the board determines that an applicant for a license:
Does not possess the qualifications required by this article 240;
Has engaged in unprofessional conduct, as defined in section 12-240-121;
Has been disciplined in another state or foreign jurisdiction with respect to his or herlicense to practice medicine, license to practice as a physician assistant, or license to practice as an anesthesiologist assistant; or
Has not actively practiced medicine, practiced as a physician assistant, or practicedas an anesthesiologist assistant for the two-year period immediately preceding the filing of an application or otherwise maintained continued competency during that period, as determined by the board.
For purposes of this section, "discipline" includes any matter that must be reportedpursuant to 45 CFR 60.8 and is substantially similar to unprofessional conduct, as defined in section 12-240-121.
An applicant whose application is denied or whose license is granted subject to termsof probation may seek review pursuant to section 24-4-104 (9); except that, if an applicant accepts a license that is subject to terms of probation, the acceptance shall be in lieu of and not in addition to the remedies set forth in section 24-4-104 (9).
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1190, § 1, effective October 1.
Editor's note: This section is similar to former § 12-36-116 as it existed prior to 2019.