§ 5-37-5.2 - Complaints.
SECTION 5-37-5.2
§ 5-37-5.2 Complaints. – (a) Any person, firm, corporation, or public officer may submit a writtencomplaint to the board charging the holder of a license to practice medicine orlimited registrant with unprofessional conduct, specifying the grounds for thecomplaint. The board shall review all complaints.
(b) If the board determines that the complaint meritsconsideration, or if the board, on its own initiative without a formalcomplaint, has reason to believe that any holder of a license or limitedregistration to practice medicine may be guilty of unprofessional conduct, thechairperson shall designate three (3) members of the board at least one of whomshall be a public member, to serve as a committee to investigate the complaint.If the complaint relates to a procedure involving osteopathic manipulativetreatment (OMT), at least one member of the investigating committee shall be anosteopathic physician member of the board.
(c) The investigating committee shall conduct itsdeliberations and make recommendations regarding the complaint to the board.
(d) No member of the board who participated in theinvestigation may participate in any subsequent hearing or action taken by theremainder of the board. Investigations shall remain confidential and allinitial hearings, investigatory hearings, and full hearings before the boardshall remain confidential.
(e) If the recommendation is no unprofessional conduct, theremaining members of the board shall review the relevant data and vote a finalrecommendation.
(2) If the investigating committee has probable cause tobelieve the alleged unprofessional conduct of the licensee is caused by animpairment which has directly affected the ability of the licensee to conducthis or her practice professionally, the committee may use its authority under§ 5-37-1.3(10) to assist in further deliberations regarding the allegedmisconduct of the licensee.
(3) In the event of a determination by the investigatingcommittee of probable cause for a finding of unprofessional conduct, theaccused may request a hearing (see §§ 5-37-5.3 and 5-37-5.4). Ahearing committee shall be designated by the chairperson consisting of three(3) other members of the board, at least one of whom shall be a physicianmember and at least one of whom is a public member. If the complaint relates toa procedure involving osteopathic manipulative treatment (OMT), at least onemember of the investigating committee shall be an osteopathic physician memberof the board. The hearing shall be conducted by a hearing officer appointed bythe director of the department of health. The hearing officer shall beresponsible for conducting the hearing and writing a proposed findings of factand conclusions of law along with a recommendation of a sanction, if warranted.The hearing committee shall read the transcript and review the evidence and,after deliberation, the hearing committee shall issue a final decisionincluding conclusions of fact and of law. The board shall make public alldecisions including all conclusions against a license holder as listed in§ 5-37-6.3.