Discipline, Complaints, Hearings, and Due Process Procedures
Discipline follows the pattern of state professional regulation: complaint, investigation, notice, hearing, order, and appeal. The exam probes where the licensee's rights attach and what conduct triggers Board action.
Grounds
Typical statutory grounds include fraud or deceit in obtaining a license, incompetence or gross negligence, unprofessional conduct, practicing while impaired, conviction of a crime involving moral turpitude, violation of the Act or Board rules, aiding unlicensed practice, and failure to cooperate with a Board investigation.
Process
The Board screens complaints, then investigates with subpoena power for records and testimony. If probable cause is found, the licensee receives written notice stating the charges and the time and place of hearing. At the hearing the licensee may appear with counsel, present evidence, cross-examine, and subpoena witnesses; the Board sits as a quasi-judicial body under the Administrative Procedures Act. Sanctions range from reprimand and fine to probation, suspension, revocation, and CE orders. The Board may seek summary suspension where continued practice presents an immediate danger. Judicial review follows in district court, and the petition must be filed within the statute's short deadline.
Worked example
A patient complains of a missed retinal detachment. The Board opens an investigation and requests records. The staff sends partial records with no response letter, and the licensee ignores two follow-ups. Analysis: the underlying standard-of-care question may or may not be provable, but failure to cooperate is an independent, easily proven violation that converts a defensible case into a sanctionable one.
Traps
- Assuming a civil settlement or refund ends the Board's interest.
- Assuming a malpractice judgment is required before discipline.
- Responding to Board correspondence informally rather than through counsel, on the record.
- Missing the appeal window after a final order.