§ 73-25-63. Hearing before state board of health; temporary suspension of license pending hearing.
(1) The board may proceed against a physician under Sections 73-25-51 through 73-25-67 by serving upon such physician at least fifteen (15) days' notice of a time and place fixed for a hearing, together with copies of the examining committee's report and diagnosis. Such notice and reports shall be served upon the physician either personally or by registered or certified mail with return receipt requested.
(2) At said hearing the physician shall have the right to be present, to be represented by counsel, to produce witnesses or evidence in his behalf, to cross-examine witnesses, and to have subpoenas issued by the board.
(3) At the conclusion of the hearing, the board shall make a determination of the merits and may issue an order imposing one or more of the following:
(a) Make a recommendation that the physician submit to the care, counseling or treatment by physicians acceptable to the board.
(b) Suspend or restrict the license of the physician to practice medicine for the duration of his impairment.
(c) Revoke the license of the physician to practice medicine.
(4) The board may temporarily suspend the license of any physician without a hearing, simultaneously with the institution of proceedings for a hearing under this section, if it finds that the evidence in support of the examining committee's determination is clear, competent and unequivocal and that his continuation in practice would constitute an imminent danger to public health and safety.
(5) Neither the record of the proceedings nor any order entered against a physician may be used against him in any other legal proceedings except upon judicial review as provided herein.
Sources: Laws, 1975, ch. 504, § 7, eff from and after passage (approved April 8, 1975).
§ 73-25-63. Hearing before state board of health; temporary suspension of license pending hearing.
(1) The board may proceed against a physician under Sections 73-25-51 through 73-25-67 by serving upon such physician at least fifteen (15) days' notice of a time and place fixed for a hearing, together with copies of the examining committee's report and diagnosis. Such notice and reports shall be served upon the physician either personally or by registered or certified mail with return receipt requested.
(2) At said hearing the physician shall have the right to be present, to be represented by counsel, to produce witnesses or evidence in his behalf, to cross-examine witnesses, and to have subpoenas issued by the board.
(3) At the conclusion of the hearing, the board shall make a determination of the merits and may issue an order imposing one or more of the following:
(a) Make a recommendation that the physician submit to the care, counseling or treatment by physicians acceptable to the board.
(b) Suspend or restrict the license of the physician to practice medicine for the duration of his impairment.
(c) Revoke the license of the physician to practice medicine.
(4) The board may temporarily suspend the license of any physician without a hearing, simultaneously with the institution of proceedings for a hearing under this section, if it finds that the evidence in support of the examining committee's determination is clear, competent and unequivocal and that his continuation in practice would constitute an imminent danger to public health and safety.
(5) Neither the record of the proceedings nor any order entered against a physician may be used against him in any other legal proceedings except upon judicial review as provided herein.
Sources: Laws, 1975, ch. 504, § 7, eff from and after passage (approved April 8, 1975).
§ 73-25-63. Hearing before state board of health; temporary suspension of license pending hearing.
(1) The board may proceed against a physician under Sections 73-25-51 through 73-25-67 by serving upon such physician at least fifteen (15) days' notice of a time and place fixed for a hearing, together with copies of the examining committee's report and diagnosis. Such notice and reports shall be served upon the physician either personally or by registered or certified mail with return receipt requested.
(2) At said hearing the physician shall have the right to be present, to be represented by counsel, to produce witnesses or evidence in his behalf, to cross-examine witnesses, and to have subpoenas issued by the board.
(3) At the conclusion of the hearing, the board shall make a determination of the merits and may issue an order imposing one or more of the following:
(a) Make a recommendation that the physician submit to the care, counseling or treatment by physicians acceptable to the board.
(b) Suspend or restrict the license of the physician to practice medicine for the duration of his impairment.
(c) Revoke the license of the physician to practice medicine.
(4) The board may temporarily suspend the license of any physician without a hearing, simultaneously with the institution of proceedings for a hearing under this section, if it finds that the evidence in support of the examining committee's determination is clear, competent and unequivocal and that his continuation in practice would constitute an imminent danger to public health and safety.
(5) Neither the record of the proceedings nor any order entered against a physician may be used against him in any other legal proceedings except upon judicial review as provided herein.
Sources: Laws, 1975, ch. 504, § 7, eff from and after passage (approved April 8, 1975).
