other action of the board - Signed written statement - Investigation - Hearing. 1. The board may deny an application for licensure and may revoke, suspend, or take such other action as provided in this section regarding the license of any chiropractor in this state who: a. Has a mental or physical condition such that the person is unable to safely engage in the practice of chiropractic. b. Has been declared incompetent or seriously mentally ill by a court of competent jurisdiction and thereafter has not been declared competent or released from supervision. c. Is suffering from alcoholism or drug addiction which endangers the public by impairing the chiropractor's ability to practice safely. d. Procured the license to practice by fraud or mistake. e. Has engaged in unprofessional or dishonorable conduct, including false or misleading advertising, rendering excessive or inappropriate treatment, or charging unconscionable fees. f. Has been convicted of a crime involving sexual misconduct, infliction of physical harm or bodily injury to another individual, corruption, dishonesty , illegal possession or distribution of drugs, or any crime that would affect the person's ability to practice as a licensed chiropractor. A copy of the record of conviction or plea of guilty or nolo contendere is conclusive evidence. g. Has aided, assisted, or enabled any unlicensed person to practice chiropractic contrary to this chapter or rule of the board. h. Has engaged in the practice of abortion. i. Has made use of any advertising statement of a character tending to deceive or mislead the public. j. Has failed to maintain a chiropractic facility in safe and sanitary conditions. k. Has incurred a disciplinary action, suspension, or revocation in another jurisdiction; has surrendered a license while a disciplinary complaint was pending in another jurisdiction; or has entered a settlement agreement to avoid or resolve a disciplinary complaint in another jurisdiction as a result of acts similar to acts described in this section or rule of the board. A certified copy of the board order in the other jurisdiction is conclusive evidence. l. Has committed any violation of the provisions of this chapter , the code of ethics , or rules as adopted by the board, including the failure to submit for physical or mental examination or to provide information as required by the board. m. Has practiced chiropractic while the license to practice was suspended or revoked. n. Has, while under probation, violated the terms of probation. o. Has failed to properly supervise a certified chiropractic clinical assistant or who has delegated duties to a certified chiropractic clinical assistant which are beyond the assistant's education or training or which are beyond the scope of practice of a certified chiropractic clinical assistant. 2. Any person, health care facility, business, or organization is immune from civil liability or criminal prosecution for submitting a signed written statement and other reports and information to the board under subsection 5 or for otherwise reporting to the board violations or alleged violations under this chapter. The reports are not public records. 3. Members of the board and persons employed by the board or engaged in the investigation or prosecution of violations and in the preparation and management of charges of violations of this chapter on behalf of the board, including members of any peer review committee, are immune from civil liability and criminal prosecution for any actions, transactions, or publications in the execution of, or relating to, their duties under this chapter. 4. A doctor of chiropractic who is the subject of an investigation by, or on behalf of, the board shall cooperate fully with the investigation. Cooperation includes responding fully and promptly to any question raised by, or on behalf of, the board relating to the subject of the investigation and providing copies of patient records or any pertinent information requested by the board, to assist the board in the board's investigation. 5. Any person, including a member of the board, may file a signed written statement and other reports and information with any member of the board against a licensed chiropractor charging the chiropractor with any of the offenses or conditions set forth in subsection 1. The statement must set forth a specification of the charges. When the statement has been filed, the board shall make an investigation as provided by subsection 6. 6. When the statement and other reports and information have been filed, the board shall notify the licensed chiropractor of the allegations and thereafter shall investigate to determine whether the allegations in the statement constitute a basis for further proceedings. The investigation must be conducted in such manner and at such time and place as in the judgment of the board will best ascertain the facts. The board may appoint a peer review committee. The board, in order to pursue the investigation, may subpoena and examine witnesses and records, including patient records, and copy, photograph, or take samples. The board may require the licensed chiropractor to give statements under oath, to submit to a physical or mental examination, or both, by a physician or physicians and other qualified evaluation professionals selected by the board if it appears to be in the best interests of the public that this evaluation be secured. The board may examine and review any relevant medical or psychological records, including test results and x-rays relative to the examination or treatment of the licensed chiropractor. A written request from the board constitutes authorization to release information. The medical or psychological information is not public record. 7. If, based on the investigation or report from a peer review committee, the board has reasonable cause to believe there is a basis for further proceedings, the board shall prepare a complaint and serve the complaint, along with a notice of hearing, on the licensed chiropractor and thereafter proceed with a hearing on the matter under chapter 28-32. All hearings must be held in Bismarck unless the board and the licensed chiropractor agree otherwise. 8. After the hearing, the board, under section 28-32-39, shall make and give notice of the board's determination or decision as to whether the offenses charged have been committed or the conditions charged do not exist. If the finding is in the negative, the board shall dismiss the charges. If the finding is in the affirmative, the board: a. Shall revoke the license; b. Shall suspend the licensee's right to practice for a period not to exceed one year; c. Shall suspend the board's judgment of revocation on terms and conditions determined by the board; d. Shall place the licensee on probation; or e. Shall take any other disciplinary action which the board in the board's discretion considers proper, including the ordering of an adjustment to a patient's bill or refund of an amount previously paid, including reasonable interest from the date of the order, to a patient or payer of any unconscionable fees for chiropractic services. f. In addition to the actions imposed in subdivisions a through e, may: (1) Require payment of all costs of proceedings resulting in a disciplinary action, including administrative costs, investigation costs, attorney's fees, peer review committee costs, witness costs and fees, the costs of the offices of administrative hearings services, and court costs. (2) Impose a civil penalty not exceeding ten thousand dollars for each separate violation, to deprive the chiropractor of any economic advantage gained by reason of the violation found and to reimburse the board for the cost of the investigation and proceedings. 9. In cases of revocation, suspension, or probation, the board shall record the facts of the case and all actions of the board. 10. On the expiration of a term of suspension, the licensee must be reinstated by the board if the chiropractor applies to the board and furnishes evidence, satisfactory to the board, that the licensee is then of good character and conduct or restored to good health and the licensee has not practiced chiropractic during the term of suspension and is competent to practice in this state. If the evidence fails to establish those facts to the satisfaction of the board, the board may require the applicant to submit to an examination in accordance with this chapter or shall proceed to hearing on revocation with notice as provided in subsection 7. 11. Any licensed chiropractor may take corrective action or voluntarily relinquish the chiropractor's license to the board before a formal order of the board on such terms and conditions as may be agreed by the licensed chiropractor and the board.
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