§59-147. Penalties - Guidelines.
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A. The Board of Podiatric Medical Examiners is authorized, after notice and opportunity for a hearing pursuant to Article II of the Administrative Procedures Act, to issue an order imposing one or more of the following penalties whenever the Board finds, by clear and convincing evidence, that a podiatric physician has committed any of the acts or occurrences set forth in Section 148 of this title:
1. Disapproval of an application for a renewal license;
2. Suspension of a license issued by the Board for a maximum period of three
(3)years;
3. Revocation of a license issued by the Board;
4. An administrative fine not to exceed One Thousand Dollars ($1,000.00) for each count or separate violation;
5. A censure or reprimand;
6. Placement on probation for a period of time and under such terms and conditions as deemed appropriate by the Board;
7. Restriction of the practice of a podiatric physician under such terms and conditions as deemed appropriate by the Board; and
8. Payment of costs associated with a disciplinary proceeding.
B. The Board may, by rule, establish guidelines for the disposition of disciplinary cases involving specific types of violations. The guidelines may include:
1. Minimum and maximum administrative fines;
2. Periods of suspension, probation or supervision;
3. Terms and conditions of probation; and
4. Terms and conditions for the reinstatement of a license.
C. The Board is authorized to issue a confidential letter of concern to a podiatric physician when, though evidence does not warrant initiation of an individual proceeding, the Board has noted indications of possible errant conduct by the podiatric physician that could lead to serious consequences and formal action by the Board.
D. A podiatric physician against whom a penalty is imposed by an order of the Board pursuant to the provisions of this section shall have the right to seek a judicial review of such order pursuant to Article II of the Administrative Procedures Act. Added by Laws 1955, p. 313, § 12, emerg. eff. May 23, 1955. Amended by Laws 1993, c. 150, § 11, eff. Sept. 1, 1993; Laws 1997, c. 222, § 2, eff. Nov. 1, 1997.