§ 376. 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 charging any podiatrist practicing in the State with unprofessional conduct,
specifying the grounds. The Board shall initiate an investigation of a podiatrist
when a complaint is received or may act without having received a complaint.
(c) After giving an opportunity for a hearing, the Board shall take disciplinary action
described in subsection 1374(b) of this title against a podiatrist 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. 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if licensure has been revoked or suspended, order reinstatement on terms and conditions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 1985, No. 256 (Adj. Sess.), § 11, eff. June 30, 1986; amended 2011, No. 61, § 1, eff. June 2, 2011; 2023, No. 85 (Adj. Sess.), § 330, eff. July 1, 2024.)