(1) (a) (I) A proceeding for discipline of a licensee, registrant, or certificate holder may be commenced when the board that licenses, registers, or certifies the licensee, registrant, or certificate holder has reasonable grounds to believe that the licensee, registrant, or certificate holder under the board's jurisdiction has committed any act or failed to act pursuant to the grounds established in section 12-245-224 or 12-245-228.
(II) (A) Any person who alleges that a licensee, registrant, or certificate holder violated a provision of this article 245 related to maintenance of records of a client eighteen years of age or older must file a complaint or other notice with the board within seven years after the person discovered or reasonably should have discovered the misconduct. A licensee, registrant, or certificate holder shall notify a client that the client's records may not be maintained after the seven-year period for filing a complaint pursuant to this section. The required notice must be provided to the client in writing no later than one hundred eighty days after the end of the client's treatment. The notice may be included with the licensee's disclosures pursuant to section 12-245216 (1) or sent to the client's last-known mailing address. Consistent with all procedural requirements of this article 245, or otherwise required by law, the board must either take disciplinary action on the complaint or dismiss the complaint no later than two years after the date the complaint or notice was filed with the board.
(B) The seven-year limitation period specified in subsection (1)(a)(II)(A) of this section does not apply to the filing of a complaint or other notice with the board for any other violation of this article 245, including the acts described in section 12-245-224 or 12-245-228.
A licensee, registrant, or certificate holder who holds more than one license, registration, or certification pursuant to this article 245, who has committed any act or failed to act pursuant to the grounds established in section 12-245-224 or 12-245-228, is subject to disciplinary action by all boards that license, register, or certify the person pursuant to this article 245. The findings, conclusions, and final agency order of the first board to take disciplinary action pursuant to this section against the licensee, registrant, or certificate holder, or any disciplinary action taken by the state grievance board as it existed prior to July 1, 1998, is prima facie evidence against the person in any subsequent disciplinary action taken by another board concerning the same act or series of acts.
If a licensee, registrant, or certificate holder who applies for a license, registration, orcertification pursuant to this article 245 has been disciplined by any board created pursuant to this article 245, or the state grievance board as it existed prior to July 1, 1998, the findings, conclusions, and final agency order of the first board to take disciplinary action pursuant to this section against the licensee, registrant, or certificate holder is prima facie evidence against the person in any subsequent application made for a license, registration, or certification to any other board created pursuant to this article 245.
(2) (a) Disciplinary proceedings shall be conducted in the manner prescribed by the "State Administrative Procedure Act", article 4 of title 24, and section 12-20-403.
Each board, through the department, may employ administrative law judges, on afull-time or part-time basis, to conduct hearings as provided by this article 245 or on any matter within the board's jurisdiction upon such conditions and terms as the board may determine. A board may elect to refer a case for formal hearing to an administrative law judge, with or without an assigned advisor from the board. If a board so elects to refer a case with an assigned advisor and the advisor is a member of the board, the advisor shall be excluded from the board's review of the decision of the administrative law judge. The advisor shall assist the administrative law judge in obtaining and interpreting data pertinent to the hearing.
(I) Except as provided in subsection (2)(c)(II) of this section, a board shall not deny,revoke, or suspend a licensee's, registrant's, or certificate holder's right to use a title and shall not place a licensee, registrant, or certificate holder on probation pursuant to the grounds established in sections 12-245-224 and 12-245-228 until a hearing has been conducted if required pursuant to section 24-4-105.
(II) The board that licenses, registers, or certifies a licensee, registrant, or certificate holder pursuant to this article 245 may summarily suspend the person's license, registration, or certification, subject to the limitation of section 24-4-104, under the following circumstances:
In emergency situations, as provided for by section 24-4-104;
The licensee, registrant, or certificate holder has been adjudicated by a court of competent jurisdiction as a person who is gravely disabled, a person who is mentally incompetent, or a person who is insane; is a person who has a mental health disorder; or is a person who has an intellectual and developmental disability; or
The licensee, registrant, or certificate holder violates subsection (2)(d) of this section.
(d) (I) If a board has reasonable cause to believe that a licensee, registrant, or certificate holder whom the board licenses, registers, or certifies pursuant to this article 245 is unable to practice with reasonable skill and safety to patients, the board may require the licensee, registrant, or certificate holder to submit to mental or physical examinations designated by the board. Upon the failure of the licensee, registrant, or certificate holder to submit to a mental or physical examination, and unless the person shows good cause for the failure, the board may suspend the license, certification, or registration of the person until the person submits to the required examinations.
Every licensee, registrant, or certificate holder is deemed to have consented to submit to mental or physical examinations when directed in writing by the board that licenses, registers, or certifies the licensee, registrant, or certificate holder pursuant to this article 245 and to have waived all objections to the admissibility of the examiner's testimony or examination reports on the ground of privileged communication.
The results of any mental or physical examination ordered by a board may be usedas evidence in any proceeding initiated by a board or within that board's jurisdiction in any forum.
(3) In addition to the actions authorized by section 12-20-404, disciplinary actions may consist of the following:
(a) Probationary status. A board may impose probationary status on a licensee, registrant, or certificate holder. If a board places a licensee, registrant, or certificate holder on probation, it may include conditions for continued practice that the board deems appropriate to assure that the licensee, registrant, or certificate holder is physically, mentally, and otherwise qualified to practice in accordance with generally accepted professional standards of practice, including any of the following:
Submission by the licensee, registrant, or certificate holder to examinations a boardmay order to determine the person's physical or mental condition or professional qualifications;
Participation in therapy or courses of training or education the board determinesnecessary to correct deficiencies found either in the hearing or by the examinations;
Review or supervision of the person's practice as may be necessary to determine thequality of, and correct any deficiencies in, that practice; and
The imposition of restrictions upon the nature of the person's practice to assure thatthe person does not practice beyond the limits of the person's capabilities.
(b) Issuance of confidential letters of concern. A board may issue and send to a licensee, registrant, or certificate holder a confidential letter of concern under the circumstances specified in section 12-20-404 (5). The letter must advise the licensee, registrant, or certificate holder that the board is concerned about a complaint it received about the licensee, registrant, or certificate holder and must specify what action, if any, the licensee, registrant, or certificate holder should take to assuage the board's concern. Confidential letters of concern are confidential, and the board shall not disclose the existence of the letter or its contents to members of the public or in any court action unless the board is a party to the action.
(4) (a) Except as provided in subsection (4)(b) of this section, if a complaint is dismissed, records of investigations, examinations, hearings, meetings, and other proceedings of the board conducted pursuant to this section are exempt from the open records law, article 72 of title 24.
(b) The exemption from the open records law specified in subsection (4)(a) of this section does not apply:
(I) When a decision to proceed with a disciplinary action has been agreed upon by a majority of the members of the applicable board and a notice of formal complaint is drafted and served on the licensee, registrant, or certificate holder by first-class mail; or (II) Upon final agency action.
(c) In any final agency action or formal complaint, the board, when it deems necessary, shall redact all names of clients or other recipients of services to protect the persons' confidentiality.
Section 12-20-408 governs judicial review of final board actions and orders appropriate for judicial review. Judicial proceedings for the enforcement of a board order may be instituted in accordance with section 24-4-106 (11).
Any board member having an immediate personal, private, or financial interest inany matter pending before the board shall disclose the fact to the board and shall not vote upon the matter.
Any licensee, registrant, or certificate holder against whom a malpractice claim issettled or a judgment rendered in a court of competent jurisdiction shall notify the board that licenses, registers, or certifies the licensee, registrant, or certificate holder pursuant to this article 245 of the judgment or settlement within sixty days after the disposition.
Any licensee, registrant, or certificate holder who has direct knowledge that a licensee, registrant, or certificate holder has violated section 12-245-224 or 12-245-228 has a duty to report the violation to the board that licenses, registers, or certifies the licensee, registrant, or certificate holder pursuant to this article 245 unless reporting the violation would violate the prohibition against disclosure of confidential information without client consent pursuant to section 12-245-220.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1246, § 1, effective October 1. L. 2020: (2)(d)(I) amended, (HB 20-1206), ch. 304, p. 1531, § 16, effective July 14.
Editor's note: This section is similar to former § 12-43-224 as it existed prior to 2019.