(1) The director may take disciplinary action against a registrant if the director finds that the registrant has represented himself or herself as a registered surgical assistant or technologist after the expiration, suspension, or revocation of his or her registration. (2) The director may take disciplinary or other action as authorized in section 12-20-404 against, or issue a cease-and-desist order in accordance with section 12-20-405 to, a registrant in accordance with this section and section 12-20-403, upon proof that the registrant: (a) Has performed the duties of a surgical assistant or surgical technologist without being registered; (b) Has falsified information in an application or the database or has attempted to obtain or has obtained a registration by fraud, deception, or misrepresentation; (c) Habitually or excessively uses or abuses alcohol, a habit-forming drug, or a controlled substance as defined in section 18-18-102 (5); (d) Has failed to: (I) Notify the director, as required by section 12-30-108 (1), of a physical condition or disability, a behavioral, mental health, or substance use disorder, or an intellectual and developmental disability that renders the registrant unable to perform the registrant's tasks with reasonable skill and safety or that may endanger the health or safety of individuals receiving services; (II) Act within the limitations created by a physical condition or disability, a behavioral, mental health, or substance use disorder, or an intellectual and developmental disability that renders the registrant unable to perform the registrant's tasks with reasonable skill and safety or that may endanger the health or safety of individuals receiving services; or (III) Comply with the limitations agreed to under a confidential agreement entered into pursuant to sections 12-30-108 and 12-310-108.5; (e) Has violated or aided or abetted or knowingly permitted any person to violate this article 310, an applicable provision of article 20 or 30 of this title 12, a rule adopted under this article 310, or any lawful order of the director; (f) Had a registration, license, or certification suspended, revoked, or denied by another jurisdiction for actions that are a violation of this article 310; (g) Has been convicted of or pled guilty or nolo contendere to a misdemeanor related to drugs or alcohol or a felony. A certified copy of the judgment of a court of competent jurisdiction of the conviction or plea shall be conclusive evidence of the conviction or plea. In considering the disciplinary action, the director shall be governed by sections 12-20-202 (5) and 24-5-101. (h) Has fraudulently obtained, furnished, or sold any surgical assistant or surgical technologist diploma, certificate, registration, renewal of registration, or record or aided or abetted the act; (i) Has failed to notify the director within thirty days of the suspension, revocation, or denial of or of any other disciplinary action regarding the person's past or currently held license, certificate, or registration required to perform the duties of a surgical assistant or surgical technologist in this or any other jurisdiction; (j) Has refused to submit to a physical or mental examination when ordered by the director pursuant to section 12-310-108; (k) Has failed to respond to a complaint against the registrant in a materially responsive and timely manner within thirty days after receiving the complaint; (l) Has practiced outside the scope of the practice of a surgical assistant or surgical technologist; (m) Has failed to satisfy generally accepted standards of practice as a surgical assistant or surgical technologist; or (n) Has otherwise violated any provision of this article 310, an applicable provision of article 20 or 30 of this title 12, or any lawful order or rule of the director. (3) (a) Except as otherwise provided in subsection (2) of this section, the director need not find that the actions that are grounds for discipline were willful but may consider whether the actions were willful when determining the nature of disciplinary sanctions to be imposed. (b) Upon the failure of a registrant to comply with any conditions imposed by the director pursuant to subsection (2) of this section, unless compliance is beyond the control of the registrant, the director may suspend the registration of the registrant until the registrant complies with the conditions of the director. (4) (a) The director may commence a proceeding to discipline a registrant when the director has reasonable grounds to believe that the registrant has committed an act enumerated in this section or has violated a lawful order or rule of the director. (b) In any proceeding under this section, the director may accept as evidence of grounds for disciplinary action any disciplinary action taken against a registrant in another jurisdiction if the violation that prompted the disciplinary action in the other jurisdiction would be grounds for disciplinary action under this article 310. (5) Disciplinary proceedings shall be conducted in accordance with section 12-20-403 and article 4 of title 24. The director has the authority to exercise all powers and duties conferred by this article 310 during the disciplinary proceedings. (6) The director may seek an injunction in accordance with section 12-20-406 to enjoin a person from committing an act prohibited by this article 310. (7) In accordance with article 4 of title 24, this article 310, and section 12-20-403, the director is authorized to investigate, hold hearings, and gather evidence in all matters related to the exercise and performance of the powers and duties of the director. (8) In addition to the persons specified in section 12-20-402, an employer who notifies the director pursuant to section 12-310-105 (1)(b) is granted the same immunity, and is subject to the same conditions for immunity, as specified in section 12-20-402. (9) A final action of the director is subject to judicial review pursuant to section 12-20- 408. (10) The director may issue cease-and-desist orders under the circumstances and in accordance with the procedures specified in section 12-20-405. (11) The director shall notify the chief medical officer of the department of public health and environment within thirty days after taking action regarding conduct of a registrant that violates either this article 310 or any applicable requirement of title 25 and post a notice of the action on the division's website. (12) The director may issue a letter of admonition under the circumstances specified in and in accordance with section 12-20-404 (4). (13) The director may issue a confidential letter of concern under the circumstances specified in section 12-20-404 (5).
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