The Vermont Statutes Online
The Statutes below include the actions of the 2025 session of the General Assembly.
NOTE: The Vermont Statutes Online is an unofficial copy of the Vermont Statutes Annotated that is provided as a convenience.
Subchapter
002
:
BOARD OF MEDICAL PRACTICE
(Cite as: 26 V.S.A. § 1365)
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§ 1365. Notice of conviction of crime; interim suspension of license
(a) The Board shall treat a notice of conviction of a crime for which a licensee may be
disciplined under section 1354 of this title as an unprofessional conduct complaint. A certified copy of the judgment of conviction
shall be conclusive evidence of the fact that the conviction occurred.
(b) Upon receipt of the certified copy of the judgment of conviction of a crime for which
a licensee may be disciplined for unprofessional conduct, the Board may immediately
suspend that person’s license until the time for appeal has elapsed and no appeal
has been taken, or until the judgment of conviction has been affirmed on appeal or
has otherwise become final, and until further order of the Board. The Board shall
notify the licensee whose license has been suspended under this section and advise
the licensee of his or her right to request a hearing, within 90 days. At such hearing,
the licensee shall have the burden of showing why the suspension should not remain
in effect pending appeal.
(c) The disciplinary hearing shall not be commenced until all appeals from the conviction
are concluded unless the licensee requests that the matter not be deferred. The sole
issue to be determined at such hearing shall be the nature of the disciplinary action
to be taken by the Board.
(d) An interim suspension ordered under subsection (b) of this section shall automatically
terminate if the licensee demonstrates that the conviction that served as the basis
of the interim suspension has been reversed or vacated. However, a reversal or vacated
conviction shall not prohibit the Board from pursuing disciplinary action based on
any cause other than the overturned conviction. (Added 1995, No. 188 (Adj. Sess.), § 11; amended 2011, No. 61, § 2, eff. June 2, 2011; 2019, No. 126 (Adj. Sess.), § 1.)