§ 1843 - Disciplinary action
§ 1843. Disciplinary action
(a) In connection with a disciplinary action, the board may refuse to accept the return of a license tendered by the subject of a disciplinary investigation and may notify relevant state, federal and local agencies and appropriate bodies in other states of the status of any pending or completed disciplinary case against a licensee, provided that the board has served notice of charges against the licensee or taken disciplinary action against that person.
(b) The burden of proof in a disciplinary action shall be on the state to show by a preponderance of the evidence that the person has engaged in unprofessional conduct.
(c) After hearing, and upon a finding of unprofessional conduct, the board may take disciplinary action against an osteopathic physician or applicant.
(d) Before, during or after a hearing, the board may approve a negotiated agreement between the parties when it is in the best interest of the public health, safety or welfare to do so. Such an agreement may include, without limitation, any of the following conditions or restrictions which may be in addition to or in lieu of suspension:
(1) A requirement that a licensee submit to care or counseling.
(2) A restriction that a licensee practice only under supervision of a named person or a person with specified credentials.
(3) A requirement that a licensee participate in continuing education as defined by the board, in order to overcome specified deficiencies.
(4) A requirement that the licensee's scope of practice be restricted to a specified extent.
Such an agreement may be modified by the parties after obtaining the approval of the board. An individual directly affected by an agreement approved under this section may petition the board for modification of the terms of the agreement.
(e) The board may reinstate a revoked license on terms and conditions it deems proper. (Added 1989, No. 253 (Adj. Sess.), § 15.)