North Dakota Administrative Code › Title 114 - Medical Imaging and Radition Therapy Board › Article 114-03 - Disciplinary Action › Chapter 114-03-01 - Disciplinary Process › Section 114-03-01-08 - Board decision

Current through Supplement No. 393, July, 2024
The final decision must be adopted by a majority of a quorum
				  of the board and must include findings of fact, conclusions of law, and an
				  order. The decision of the board to impose or modify any restrictions upon the
				  licensee or the licensee's practice or to reinstate a license must be
				  communicated to the licensee in the form of a board order. If a licensee is
				  authorized to practice in more than one modality of medical imaging and
				  radiation therapy, the board order applies to all modalities. In addition to
				  the terms and conditions imposed by the board, the following may apply:
1. Revocation of license. If the board issues
				a revocation order, the board also may prescribe the specific actions necessary
				for the relicensure of the individual. The certification process may be waived
				by the board as a condition for the relicensure of a previously revoked
				license. The initial licensure fee must be assessed for the relicensure of a
				revoked license. The time frame of revocation must be set in the order of the
				revocation or if not set it will be five years from the date of the board
				order.
2. Suspension of license. If
				the board issues a suspension order, the board also may prescribe the length of
				suspension and specific actions necessary for the relicensure of the
				individual. An individual whose license is suspended may request relicensure by
				the board at any regularly scheduled meeting following the conclusion of the
				time period specified in the order. The current renewal fee must be required
				for relicensure of a suspended license.
3. Probation. If the board issues a probation
				order, the board may prescribe the length of probation and specific actions
				necessary for successful completion of the probation. The license must be
				designated in the board's records as "probation" or as the board may otherwise
				require. If a licensee is authorized to practice in more than one modality of
				medical imaging and radiation therapy, the probation applies to all
				modalities.
4. Denial. If the board
				issues an order to refuse to issue or renew a current license for cause, the
				board also may prescribe the specific action necessary for the issuance or the
				reissuance of the license.
5.
				Letter of censure. The board may issue a letter of censure as formal action
				against an applicant or licensee whose practice does not meet the acceptable
				standards of practice.
6.
				Imposition of a penalty. The board may levy a penalty against an individual who
				has knowingly practiced medical imaging or radiation therapy without proper
				authorization or who has jeopardized public health, safety, or
				welfare.
7. Conditional dismissal.
				The board may impose terms and conditions for the individual to meet and upon
				compliance the complaint will be dismissed.
General Authority:
NDCC 43-62
Law Implemented:
NDCC
					 43-62-18