Vermont Statutes Title 26 Sec. 1659
Terms Used In Vermont Statutes Title 26 Sec. 1659
- Anesthesiologist: means a person licensed to practice medicine or osteopathy under chapter 23 or 33 of this title and who either has completed a residency in anesthesiology approved by the American Board of Anesthesiology or the American Osteopathic Board of Anesthesiology or their predecessors or successors or is credentialed by a hospital to practice anesthesiology and engages in the practice of anesthesiology at that hospital full time. See
- Anesthesiologist assistant: means a person certified by the State of Vermont under this chapter who is qualified by education, training, experience, and personal character to provide medical services under the direction and supervision of an anesthesiologist. See
- Board: means the State Board of Medical Practice established under chapter 23 of this title. See
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Disciplinary action: means any action taken against a certified anesthesiologist assistant or an applicant by the Board or an appeal of that action when that action suspends, revokes, limits, or conditions certification in any way, or when it results in a reprimand of the person. See
- following: when used by way of reference to a section of the law shall mean the next preceding or following section. See
- Person: shall include any natural person, corporation, municipality, the State of Vermont or any department, agency, or subdivision of the State, and any partnership, unincorporated association, or other legal entity. See
- State: when applied to the different parts of the United States may apply to the District of Columbia and any territory and the Commonwealth of Puerto Rico. See
- Supervision: means the direction and review by the supervising physician, as determined to be appropriate by the Board, of the medical services provided by the anesthesiologist assistant. See
§ 1659. Disposition of complaints
(a) Complaints and allegations of unprofessional conduct shall be processed in accordance with the rules of procedure of the Board.
(b) Any person, firm, corporation, or public officer may submit a written complaint to the Board alleging any anesthesiologist assistant practicing in the State is engaged in unprofessional conduct, specifying the grounds. The Board shall initiate an investigation of an anesthesiologist assistant when a complaint is received or may act on its own initiative without having received a complaint.
(c) After giving opportunity for hearing, the Board shall take disciplinary action described in subsection 1361(b) of this title against an anesthesiologist assistant or applicant found guilty of unprofessional conduct.
(d) 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. That agreement may include any of the following conditions or restrictions which may be in addition to, or in lieu of, suspension:
(1) a requirement that the person submit to care or counseling;
(2) a restriction that the person practice only under supervision of a named person or a person with specified credentials;
(3) a requirement that the person participate in continuing education in order to overcome specified practical deficiencies;
(4) a requirement that the scope of practice permitted be restricted to a specified extent;
(5) an administrative penalty not to exceed $1,000.00 for each act that constitutes an unprofessional conduct violation. Any money received from the imposition of an administrative penalty imposed under this subsection shall be deposited into the Board of Medical Practice Regulatory Fee Fund and shall not be used for any other purpose other than professional regulation and other responsibilities of the Board, as determined by the Commissioner of Health.
(e) Upon application, the Board may modify the terms of an order under this section and, if certification has been revoked or suspended, order reinstatement on terms and conditions it deems proper. (Added 2003, No. 34, § 1, eff. May 23, 2003; amended 2011, No. 61, § 3, eff. June 2, 2011.)