Section 08.20.170. Disciplinary sanctions; refusal to issue or renew license.

   (a) The board may impose a disciplinary sanction on a person licensed under this chapter or refuse to issue a license under this chapter when the board finds that the person
        (1) secured or attempted to secure a license through deceit, fraud, or intentional misrepresentation;
        (2) engaged in deceit, fraud, or intentional misrepresentation in the course of providing professional services or engaging in professional activities;
        (3) advertised professional services in a false or misleading manner;
        (4) has been convicted, including a conviction based on a guilty plea or plea of nolo contendere, of
             (A) a felony or other crime that affects the person's ability to practice competently and safely; or
             (B) a crime involving the unlawful procurement, sale, prescription, or dispensing of drugs;
        (5) intentionally or negligently engaged in or permitted the performance of patient care by persons under the licensee's supervision that does not conform to minimum professional standards established by regulation regardless of whether actual injury to the patient occurred;
        (6) failed to comply with this chapter, with a regulation adopted under this chapter, or with an order of the board;
        (7) continued or attempted to practice after becoming unfit due to
             (A) professional incompetence;
             (B) addiction or severe dependency on alcohol or a drug that impairs the person's ability to practice safely;
             (C) physical or mental disability or an infectious or contagious disease;
        (8) engaged in lewd or immoral conduct in connection with the delivery of professional service to patients; or
        (9) failed to satisfy continuing education requirements adopted by the board.
   (b) AS 44.62 (Administrative Procedure Act) applies to any action taken by the board for the suspension or revocation of a license.
   (c) A person whose license is suspended or revoked may within two years from date of suspension apply for reinstatement, and if the board is satisfied that the applicant should be reinstated, it shall order reinstatement.
   (d) The board shall adopt regulations that ensure that renewal of license is contingent on proof of continued competency by a practitioner.

Authorities

8.20.167

Notes

Implemented As

12 AAC 16.030
12 AAC 16.031
12 AAC 16.033
12 AAC 16.200
12 AAC 16.205
12 AAC 16.280
12 AAC 16.290
12 AAC 16.300
12 AAC 16.310
12 AAC 16.320
12 AAC 16.330
12 AAC 16.340
12 AAC 16.345
12 AAC 16.350
12 AAC 16.360
12 AAC 16.370
12 AAC 16.390
12 AAC 16.920
12 AAC 16.930
12 AAC 16.980

References

12 AAC 16.205
12 AAC 16.390
12 AAC 16.920
12 AAC 16.930
12 AAC 16.980
AS 8.20.167 .167">Sec. 08.20.167. Retired license status.

History

(Sec. 35-3-29 ACLA 1949; am Sec. 25 ch 177 SLA 1978; am Sec. 9, 10 ch 162 SLA 1980; am Sec. 8 ch 60 SLA 1988; am Sec. 2 ch 35 SLA 2000)