Section 310-A:70 Disciplinary Action.


   I. The board may undertake disciplinary proceedings:
      (a) Upon its own initiative; or
      (b) Upon written complaint of any person which charges that a person licensed by the board has committed misconduct under paragraph II and which specifies the grounds therefor.
   II. Misconduct sufficient to support disciplinary proceedings under this section shall include:
      (a) The practice of fraud or deceit in procuring or attempting to procure a license to practice under this subdivision;
      (b) Conviction of a felony or any offense involving moral turpitude;
      (c) Any unprofessional conduct, or dishonorable conduct unworthy of, and affecting the practice of, the profession;
      (d) Unfitness or incompetency by reason of negligent habits or other causes; or negligent or willful acts performed in a manner inconsistent with the interests of persons relying on the professional expertise of the licensee;
      (e) Addiction to the use of alcohol or other habit-forming drugs to a degree which renders the licensee unfit to practice under this subdivision;
      (f) Mental or physical incompetency to practice under this subdivision;
      (g) Willful or repeated violation of the provisions of this subdivision; or
      (h) Suspension or revocation of a license, similar to one issued under this subdivision, in another jurisdiction and not reinstated.
   III. The board may take disciplinary action in any one or more of the following ways:
      (a) By reprimand;
      (b) By suspension, limitation or restriction of license for a period of up to 5 years;
      (c) By revocation of license; or
      (d) By requiring the person to participate in a program of continuing education in the area or areas in which the person has been found deficient.
      (e) By assessing administrative fines not to exceed $2,000 per violation or, in the case of continuing violations, $100 for each day the violation continues, whichever would be greater.

Source. 1981, 485:1. 1995, 136:26, 27; 1995, 284:40, 56. 1997, 303:1, eff. Jan. 1, 1998.