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Searching 2021-2022 Session

The Vermont Statutes Online

 

Title 26 : Professions and Occupations

Chapter 023 : MEDICINE

Subchapter 002 : Board of Medical Practice

(Cite as: 26 V.S.A. § 1374)
  • § 1374. Decision and order

    (a) Regardless of whether the Board makes its determination on the findings of the hearing panel pursuant to section 1372 of this chapter alone, on the findings of the hearing panel as supplemented by a hearing before the Board pursuant to section 1373 of this chapter, or on its own findings, the Board shall render its decision on the merits of the charge or charges on the basis of the evidence in the record before it.

    (b)(1) If a majority of the members of the Board present and voting find that the individual complained against committed unprofessional conduct as specified in one or more of the charges, the Board shall prepare written findings of fact, conclusions, and an order, copies of which shall be served upon the individual complained against.

    (A) In its order, the Board may do one or more of the following:

    (i) reprimand the individual complained against;

    (ii) condition, limit, suspend, or revoke the license, certificate, or practice of the individual complained against; or

    (iii) take such other action relating to discipline or practice as the Board determines appropriate, including imposing an administrative penalty of not more than $1,000.00 for each act that constitutes an unprofessional conduct violation.

    (B) Any monies received from the imposition of an administrative penalty imposed pursuant to this subdivision (2) shall be deposited into the Board of Medical Practice Regulatory Fee Fund for the purpose of providing education and training for Board members and licensees. The Commissioner of Health's accounting under section 1351 of this chapter shall detail the receipts of administrative penalties and the purposes for which such monies were used.

    (c) If the Board finds the individual complained against not guilty of the charge or charges, or the charges against the individual are dismissed, the Board shall promptly order a dismissal of the charges and issue a statement that the charges were not proved.

    (d) Any order issued by the Board under this section shall be in full force and effect until further order of the Board or of a court of competent jurisdiction. (Added 2019, No. 126 (Adj. Sess.), § 1.)