§ 2599 - Discipline of licensees - Vermont Statutes

§ 2599. Discipline of licensees

(a) The director of the office of professional regulation and the board shall accept signed, written complaints from any member of the public, any licensee, or any state or federal agency, and shall refer them to the prosecuting attorney, who shall decide whether to commence prosecution. The office of professional regulation may initiate disciplinary action in any complaint against a licensee and may act without having received a complaint.

(b) The burden of proof shall be on the state to show by a preponderance of the evidence that the licensee has engaged in unprofessional conduct.

(c) 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 an applicant or licensee, provided that the board has taken disciplinary action against that person or that the board has served notice of charges against a licensee.

(d) After hearing and upon a finding of unprofessional conduct, the board may:

(1) revoke a license;

(2) suspend a license; or

(3) issue a warning to a licensee.

(e)(1) Before, during or after 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:

(A) a requirement that a licensee submit to care or counseling;

(B) a restriction that a licensee practice only under supervision of a named person or a person with specified credentials;

(C) a requirement that a licensee participate in continuing education, as defined by the board, in order to overcome specified deficiencies;

(D) a requirement that the licensee's scope of practice be restricted to a specified extent.

(2) Such an agreement may be modified by the parties after obtaining the approval of the board.

(f) An interested party may petition the board for modification of the terms of an order under this section.

(g) Where a license has been revoked, the board may reinstate the license on terms and conditions it deems proper. (Added 1985, No. 245 (Adj. Sess.), § 1; amended 1989, No. 250 (Adj. Sess.),§§ 4(d), 59; 2005, No. 148 (Adj. Sess.), § 23.)