(1) The director may take disciplinary or other action as specified in section 12-20- 404 against a naturopathic doctor for any of the following acts or omissions: (a) Violating, or aiding or abetting another in the violation of, this article 250, an applicable provision of article 20 or 30 of this title 12, or any rule promulgated by the director pursuant to this article 250; (b) Falsifying information in any application, attempting to obtain or obtaining a registration by fraud, deceit, or misrepresentation, or aiding or abetting such act; (c) Engaging in an act or omission that does not meet generally accepted standards of practice of naturopathic medicine or of safe care for patients, whether or not actual injury to a patient is established; (d) Habitual or excessive use or abuse of alcohol, a habit-forming drug, or a controlled substance as defined in section 18-18-102 (5); (e) Failing to refer a patient to an appropriate health-care professional when the services required by the patient are beyond the level of competence of the naturopathic doctor or beyond the scope of naturopathic medicine practice; (f) Violation of a law or regulation governing the practice of naturopathic medicine in another jurisdiction; (g) Falsifying, repeatedly failing to make essential entries in, or repeatedly making incorrect essential entries in patient records; (h) Conviction of a felony, an offense of moral turpitude, or a crime that would constitute a violation of this article 250. For purposes of this subsection (1)(h), "conviction" includes the entry of a plea of guilty or nolo contendere or the imposition of a deferred sentence or judgment. (i) Advertising through newspapers, magazines, circulars, direct mail, directories, radio, television, or otherwise that the naturopathic doctor will perform any act prohibited by this article 250; (j) Engaging in a sexual act with a patient during the course of patient care or within six months immediately following the written termination of the professional relationship with the patient. As used in this subsection (1)(j), "sexual act" means sexual contact, sexual intrusion, or sexual penetration, as those terms are defined in section 18-3-401. (k) Committing abuse of health insurance, as prohibited by section 18-13-119; (l) Advertising through newspapers, magazines, circulars, direct mail, directories, radio, television, or otherwise that the naturopathic doctor will perform any act prohibited by section 18-13-119 (3); (m) Violating a valid order of the director; (n) Failing to report to the director, within thirty days after an adverse action, that an adverse action has been taken against the naturopathic doctor by a licensing agency in another state or country, a peer review body, a health-care institution, a professional or naturopathic medical society or association, a governmental agency, a law enforcement agency, or a court for acts or conduct that would constitute grounds for disciplinary or adverse action as described in this article 250; (o) Failing to report to the director, within thirty days: (I) The surrender of a license or other authorization to practice as a naturopathic doctor in another state or jurisdiction; or (II) The surrender of membership on a medical staff or in a naturopathic medical or professional association or society while under investigation by any of those authorities or bodies for acts or conduct similar to acts or conduct that would constitute grounds for action as described in this article 250; (p) (I) Failing to notify the director of a physical illness, physical condition, or behavioral, mental health, or substance use disorder that affects the naturopathic doctor's ability to treat patients with reasonable skill and safety or that may endanger the health or safety of persons under his or her care; (II) Failing to act within the limitations created by a physical illness, physical condition, or behavioral, mental health, or substance use disorder that renders the naturopathic doctor unable to practice naturopathic medicine with reasonable skill and safety or that may endanger the health or safety of persons under his or her care; or (III) Failing to comply with the limitations agreed to under a confidential agreement entered pursuant to sections 12-30-108 and 12-250-118; (q) Failing to timely respond to a complaint filed against the naturopathic doctor; (r) Failing to develop a written plan for the security of patient medical records in accordance with section 12-250-117; (s) Refusing to submit to a physical or mental examination when so ordered by the director pursuant to section 12-250-119; (t) Failing to obtain and continually maintain professional liability insurance as required by section 12-250-115. (2) In addition to or as an alternative to the discipline authorized by subsection (1) of this section, the director may assess an administrative fine of up to five thousand dollars against a naturopathic doctor who commits any of the acts or omissions described in subsection (1) of this section. (3) The director shall conduct any disciplinary proceeding in accordance with sections 12-20-403, 24-4-104, and 24-4-105. A final decision of the director or an administrative law judge is subject to judicial review in accordance with section 12-20-408. (4) The director may accept as prima facie evidence of grounds for disciplinary action any disciplinary action taken against a naturopathic doctor by another jurisdiction if the violation that prompted the disciplinary action would be grounds for disciplinary action under this article 250. (5) A person providing copies of records subpoenaed pursuant to section 12-20-403 (2) shall prepare the copies from the original record, deleting the name of the patient and instead identifying the patient by a numbered code. Upon certification by the custodian that the copies are true and complete except for the patient's name, the copies are deemed authentic, subject to the right to inspect the originals for the limited purpose of ascertaining the accuracy of the copies. The copies are not confidential, and the director or custodian of the records and their authorized employees are not liable for furnishing or using the copies in accordance with this section. (6) The director may issue a letter of admonition to a naturopathic doctor under the circumstances specified in and in accordance with section 12-20-404 (4). (7) The director may send a registrant a confidential letter of concern under the circumstances specified in section 12-20-404 (5). (8) The director may issue cease-and-desist orders under the circumstances and in accordance with the procedures specified in section 12-20-405.
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