§ 5-34-25 - Procedure for discipline of licensees.
SECTION 5-34-25
§ 5-34-25 Procedure for discipline oflicensees. – (a) Upon filing a timely sworn complaint within a time period the boardconsiders reasonable with the board charging a person with having been guiltyof any of the actions specified in § 5-34-24, two (2) or more members ofthe board of nurse registration and nursing education immediately shallinvestigate those charges, or the board, after investigation, may institutecharges.
(b) In the event that investigation, in the opinion of theboard, reveals reasonable grounds for believing the applicant or licensee isguilty of the charges, the board shall notify the licensee of the charges andthe time and place for a hearing at least twenty (20) days prior to the timefixed for the hearing. At the hearing, the accused has the right to appearpersonally, or by counsel, or both, to produce witnesses and to have subpoenasissued by the board. The attendance of witnesses and the production of books,documents, and papers at the hearing may be compelled by subpoenas issued bythe board, which is served in accordance with the law. At the hearing, theboard shall administer oaths that may be necessary for the proper conduct ofthe hearing. The board is not bound by the strict rules of procedure or by thelaws of evidence in the conduct of its proceedings, but the determination shallbe based upon sufficient legal evidence to sustain it. The board shall completethe investigation of each complaint and issue a decision within six (6) monthsof the receipt of the complaint. The board may extend the time for issuing itsdecision beyond the initial six (6) month period in documented cases in whichdelays in the process are the direct result of requests or actions by theaccused and/or his or her representative(s) or other good cause. The board, ona case-by-case basis, for good cause shown in writing, may extend the time forissuing its decision. If the accused is found guilty of the charges, the boardmay revoke, suspend, or otherwise discipline a licensee.
(c) All hearings held under this section shall be conductedin accordance with the provisions of chapter 35 of title 42, "AdministrativeProcedures Act."