§ 1659. Disposition of complaints
(a) Complaints and allegations of unprofessional conduct shall be processed in accordance
with the rules of procedure of the Board.
(b) Any person, firm, corporation, or public officer may submit a written complaint to
the Board alleging any anesthesiologist assistant practicing in the State is engaged
in unprofessional conduct, specifying the grounds. The Board shall initiate an investigation
of an anesthesiologist assistant when a complaint is received or may act on its own
initiative 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 an anesthesiologist 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 interest of the public health, safety, or welfare to do so. That 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 person submit to care or counseling;
(2) a restriction that the person practice only under supervision of a named person or
a person with specified credentials;
(3) a requirement that the person 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 subsection shall be deposited into the Board of Medical
Practice Regulatory Fee Fund and shall not be used for any other purpose other than
professional regulation and other responsibilities of the Board, as determined by
the Commissioner of Health.
(e) Upon application, the Board may modify the terms of an order under this section and,
if certification has been revoked or suspended, order reinstatement on terms and conditions
it deems proper. (Added 2003, No. 34, § 1, eff. May 23, 2003; amended 2011, No. 61, § 3, eff. June 2, 2011.)