Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 3 - MEDICAL PROFESSIONS (§§ 17-80-101 — 17-107-311) › Chapter 106 - CONSUMER-PATIENT RADIATION HEALTH AND SAFETY (§§ 17-106-101 — 17-106-204) › Subchapter 1 - GENERAL PROVISIONS (§§ 17-106-101 — 17-106-111) › Section 17-106-110 - Discipline

(a)
Any license issued by the Medical Ionizing Radiation Licensure Committee may be suspended or revoked or the individual may be censured, reprimanded, or otherwise sanctioned by the committee in accordance with the provisions and procedures of this chapter if after due process it is found that the individual:
(1)
Is guilty of fraud or deceit in the procurement or holding of the license;
(2)
Has been convicted of a felony listed under §
17-3-102
;
(3)
Is or has been afflicted with any medical problem, disability, or addiction that in the opinion of the State Board of Health would impair professional competence;
(4)
Has knowingly aided and abetted a person who is not a radiologic technologist or otherwise authorized by §
17-106-111(b)
to perform the duties of a license holder under this chapter;
(5)
Has undertaken or engaged in any practice beyond the scope of duties permitted a license holder under this chapter;
(6)
Has impersonated a license holder or former license holder or is performing the duties of a radiologic technologist, licensed technologist, or limited licensed technologist under an assumed name;
(7)
Has been found guilty of violations of a code of ethics that the board shall establish by rule;
(8)
Has applied ionizing radiation without the prescription of a licensed practitioner;
(9)
Has interpreted a diagnostic image for a fee;
(10)
Is or has been found guilty of incompetence or negligence in his or her performances as a license holder; or
(11)
Has failed to comply with any provision of this chapter or any of the rules pertaining to this chapter.
(b)
(1)
(A)
Proceedings against the holder of a license under this chapter shall be instituted by filing a written charge or charges with the committee.
(B)
The charge or charges may be brought by a person, corporation, association, public officer, or the board.
(2)
(A)
The Chair of the Medical Ionizing Radiation Licensure Committee shall appoint a subcommittee of three (3) committee members to examine the charge or charges and prepare a written recommendation to the committee stating whether the charge or charges should be dismissed or brought against the licensee.
(B)
If the committee determines that the charge or charges contain sufficient merit, the chair shall set a time and place for a hearing.
(C)
A copy of the charge or charges, together with the notice of the time and place of the hearing, shall be served on the person charged either in person or by registered mail at least thirty (30) days before the date set for the hearing.
(D)
The accused shall have the right to appear at the hearing with counsel, to answer the charge or charges, cross examine witnesses, and produce evidence and witnesses in his or her defense.
(E)
The committee shall have the power to issue subpoenas for the appearance of witnesses and take testimony under oath.
(c)
Any licensee who violates any provision of this chapter or any rule or order made pursuant to this chapter shall be subject to a cease and desist order and a fine of not more than one thousand dollars ($1,000) per incident.
(d)
All hearings and appeals from hearings to the board under this chapter shall be pursuant to the provisions of the Arkansas Administrative Procedure Act, §
25-15-201
et seq.
Amended by Act 2019, No. 315,§ 1681, eff. 7/24/2019.
Amended by Act 2019, No. 315,§ 1680, eff. 7/24/2019.
Amended by Act 2019, No. 990,§ 133, eff. 7/24/2019.
Acts 1999, No. 1071, § 10; 2003, No. 1395, §§ 11, 12.