Vermont § 2859 - Disposition of complaints

§ 2859. 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 a radiologist assistant practicing in the State engaged in unprofessional
  conduct, specifying the grounds. The Board shall initiate an investigation of a radiologist
  assistant when a complaint is received or may act on its own initiative without having
  received a complaint. (c) If the Board determines that the action of a radiologist assistant that is the subject
  of a complaint falls entirely within the scope of practice of a radiologic technologist
  in radiography, the Board shall refer the complaint to the Board of Radiologic Technology
  for review under chapter 51 of this title. (d) After giving an opportunity for hearing, the Board shall take disciplinary action
  described in subsection 1361(b) of this title against a radiologist assistant or applicant found guilty of unprofessional conduct. (e) 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 subdivision shall be deposited into the Board of Medical
  Practice Regulatory Fee Fund for the purpose of providing education and training for
  Board members. The Commissioner shall detail in the annual report receipts and expenses
  from money received under this subsection. (f) 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  if certification has been revoked or suspended, order reinstatement on terms and conditions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 2009, No. 103 (Adj. Sess.), § 19a, eff. May 12, 2010; amended 2011, No. 61, § 5, eff. June 2, 2011.)