50-4-1106 . Free speech protections -- notification of complaints -- penalty. (1) The department of public health and human services, a licensing board operating under Title 37, or any other entity that grants licensure or certification may not reprimand, sanction, or revoke or threaten to revoke a license, certificate, or registration of a medical practitioner who is licensed or certified by the department or board for engaging in speech or expressive activity protected under the first amendment to the U.S. constitution, unless the department or board demonstrates beyond a reasonable doubt that the medical practitioner's speech was the direct cause of physical harm to a person with whom the medical practitioner had a practitioner-patient relationship within the 3 years immediately preceding the incident of physical harm. (2) (a) Within 14 days of receiving a complaint that may result in revocation of a medical practitioner's license, the department, licensing board, or other licensing or certification entity shall provide the medical practitioner with a copy of the complaint. (b) If the department, licensing board, or other licensing or certification entity fails to provide the complaint within 14 days of receipt, the department or licensing board shall pay the medical practitioner an administrative penalty of $500 for each week of noncompliance.
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