Terms Used In Vermont Statutes Title 26 Sec. 1737

  • Board: means the State Board of Medical Practice established by 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 physician assistant or an applicant, or an appeal of that action, when the action suspends, revokes, limits, or conditions licensure in any way. 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
  • Physician: means an individual licensed to practice medicine pursuant to chapter 23 or 33 of this title. 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

§ 1737. Disposition of complaints

(a) Complaints and allegations of unprofessional conduct shall be processed in accordance with the rules of procedure of the Board of Medical Practice.

(b) Any person, firm, corporation, or public officer may submit a written complaint to the Board alleging a physician assistant practicing in the State committed unprofessional conduct, specifying the grounds. The Board may initiate disciplinary action in any complaint against a physician assistant and may act 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 a physician 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 interests of the public health, safety, or welfare to do so. Such an 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 individual submit to care or counseling.

(2) A restriction that the individual practice only under supervision of a named person or a person with specified credentials.

(3) A requirement that the individual 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 and the professions regulated by the Board. The Commissioner shall detail in the annual report receipts and expenses from money received under this subsection.

(e) Upon application, the Board may modify the terms of an order under this section and, if licensure has been revoked or suspended, order reinstatement on terms and conditions it deems proper. (Added 1981, No. 100, § 7; amended 1985, No. 208 (Adj. Sess.), § 9, eff. June 30, 1986; 2011, No. 61, § 4, eff. June 2, 2011.)