Vermont Statutes Title 26 Sec. 2859
Terms Used In Vermont Statutes Title 26 Sec. 2859
- 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 by the Board against a certified radiologist assistant or an applicant 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
- Radiologist: means a person who is licensed to practice medicine or osteopathy under chapter 23 or 33 of this title and who meets one or both of the following requirements:
- Radiologist 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 a radiologist. 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 a supervising radiologist, as determined to be appropriate by the Board, of the medical services provided by the radiologist assistant. See
§ 2859. 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 a radiologist assistant practicing in the State engaged in unprofessional conduct, specifying the grounds. The Board shall initiate an investigation of a radiologist assistant when a complaint is received or may act on its own initiative without having received a complaint.
(c) If the Board determines that the action of a radiologist assistant that is the subject of a complaint falls entirely within the scope of practice of a radiologic technologist in radiography, the Board shall refer the complaint to the Board of Radiologic Technology for review under chapter 51 of this title.
(d) After giving an opportunity for hearing, the Board shall take disciplinary action described in subsection 1361(b) of this title against a radiologist assistant or applicant found guilty of unprofessional conduct.
(e) 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 subdivision shall be deposited into the Board of Medical Practice Regulatory Fee Fund for the purpose of providing education and training for Board members. The Commissioner shall detail in the annual report receipts and expenses from money received under this subsection.
(f) 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 2009, No. 103 (Adj. Sess.), § 19a, eff. May 12, 2010; amended 2011, No. 61, § 5, eff. June 2, 2011.)