43-57-08. Discipline
1. The board may take disciplinary action against a licensee by any of the following
means:
a. Revocation of license;
b. Suspension of license;
c. Probation;
d. Imposition of stipulations, limitations, or conditions relating to the licensee's
practice;
e. Letter of censure;
f. Require the licensee to provide free public or charitable service for a defined
period; and
g. Impose fines, not to exceed five thousand dollars for any single disciplinary
action. Any fines collected by the board must be deposited in the state general
fund.
2. Disciplinary action may be imposed against a licensee upon any of the following
grounds:
a. The use of any false, fraudulent, or forged statement or document, or the use of
any fraudulent, deceitful, dishonest, or immoral practice, in connection with any of
the licensing requirements.
b. The making of false or misleading statements about the licensee's skill or the
efficacy of any medicine, treatment, or remedy.
c. The conviction of any misdemeanor determined by the board to have a direct
bearing upon the licensee's ability to serve the public or any felony. A license may
not be withheld contrary to the provisions of chapter 12.1-33.
d. Habitual use of alcohol or drugs.
e. Physical or mental disability materially affecting the ability to perform the duties of
the profession in a competent manner.
f. The performance of any dishonorable, unethical, or unprofessional conduct likely
to deceive, defraud, or harm the public.
g. Obtaining any fee by fraud, deceit, or misrepresentation.
h. Aiding or abetting the practice of the profession by an unlicensed, incompetent, or
impaired person.
i. The violation of any provision of the rules of the board, or any action, stipulation,
condition, or agreement imposed by the board.
j. The practice of the profession under a false or assumed name.
k. The advertising for the practice of the profession in an untrue or deceptive
manner.
l. The representation to a patient that a manifestly incurable condition, sickness,
disease, or injury can be cured.
m. The willful or negligent violation of the confidentiality between licensee and
patient, except as required by law.
n. Gross negligence in the practice of the profession.
o. Sexual abuse, misconduct, or exploitation related to the licensee's practice of the
profession.
p. A continued pattern of inappropriate care.
q. The imposition by another state or jurisdiction of disciplinary action against a
license or other authorization to practice based upon acts or conduct by the
licensee which would constitute grounds for disciplinary action as set forth in this
section. A certified copy of the record of the action taken by the other state or
jurisdiction is conclusive evidence of that action.
r. The lack of appropriate documentation in medical records for diagnosis, testing,
and treatment of patients.
