10.43.15.06

.06 Disciplinary Guidelines.

The following guidelines shall be used by the Board as a guide for sanctioning licensees in formal and informal actions and proceedings:

A. Abuse — Physical and Emotional.

Severity Tier/Conduct Sanction Range Duration
Minimum Maximum
Least

to

Greatest

(1) Unnecessary or disruptive behavior which may include verbal comments, directed to a patient, resulting in minimal harm or a risk of harm Reprimand Suspension for up to 5 years, and probation for up to 5 years, and conditions Reprimand to suspension and probation for up to 5 years
(2) Physical abuse resulting in significant physical or emotional injury Suspension for 3 years, without stay for at least 30 days and probation for 3 years, and conditions Revocation Suspension for 3 years, without stay for at least 30 days, and probation for 3 years to revocation

B. Criminal Convictions or Plea of Nolo Contendere.

Severity Tier/Conduct Sanction Range Duration
Minimum Maximum
Least

to

Greatest

(1) Convicted of or pleads guilty or nolo contendere to a felony or to a crime involving moral turpitude Suspension for 1 year and probation for 1 year, and conditions Revocation Suspension for 1 year and probation for 1 year, to revocation
(2) Convicted of or pleads guilty or nolo contendere to a sexual offense Suspension for 5 years, without stay for at least 60 days, and probation for 5 years, and conditions Revocation Suspension for 5 years, without stay for at least 60 days, and probation for 5 years, to revocation

C. Disciplined by Another Licensing or Disciplinary Authority.

Severity Tier/Conduct Sanction Range Duration
Minimum Maximum
Least

to

Greatest

(1) Conduct resulting in no physical or psychological harm Reprimand Reprimand and probation for up to 3 years, and conditions Reprimand to reprimand and probation for up to 3 years
(2) Conduct resulting in financial injury Reprimand Revocation Reprimand to Revocation
(3) Conduct resulting in physical or psychological harm or a risk of physical or psychological harm Suspension for 3 years, without stay for at least 10 days, and probation for 3 years, and conditions Revocation Suspension for 3 years, at least 10 days without stay, and probation for 3 years to revocation
(4) Misrepresentation or fraud Suspension for 2 years, without stay for at least 5 days, and probation for 2 years, and conditions Revocation Suspension for 2 years, without stay for at least 5 days, and probation for 2 years to revocation
(5) Conduct not provided for in §C(1)—(4) of this regulation Reprimand Revocation Reprimand to Revocation

D. Diversion of Controlled Substances or Prescription Drugs.

Severity Tier/Conduct Sanction Range Duration
Minimum Maximum
Least

to

Greatest

(1) Diversion without harm to self or others Reprimand and conditions, and probation for 1 year Suspension for up to 5 years, and probation for up to 5 years, and conditions Reprimand and probation for 1 year to suspension for up to 5 years and probation for up to 5 years
(2) Diversion creating risk of harm Suspension for 3 years and probation for 3 years, and conditions Suspension for up to 5 years and probation for up to 5 years, and conditions Suspension for 3 years and probation for 3 years to suspension for up to 5 years and probation for up to 5 years
(3) Diversion with harm Suspension for 5 years, without stay for at least 90 days, and probation for 5 years, and conditions Revocation Suspension for 5 years, without stay for at least 90 days, and probation for 5 years, to revocation

E. Failure to Renew a License When the Licensee Has Continued to Practice.

Severity Tier/Conduct Sanction Range Duration
Minimum Maximum
Least

to

Greatest

(1) Failure to renew a license and practicing for up to 1 year Reprimand Revocation Reprimand to suspension for 2 years, and probation for to 2 years
(2) Failure to renew a license and practicing for 1 year or longer Suspension for 2 years, and probation for 2 years, and conditions Revocation Suspension for 2 years, and probation for 2 years, to revocation

F. Noncompliance with Board Orders.

Severity Tier/Conduct Sanction Range Duration
Minimum Maximum
Least

to

Greatest

(1) Failure to comply with a Board order Suspension for 3 years, without stay for at least 10 days, and probation for 3 years, and conditions Revocation Suspension for 3 years, without stay for at least 10 days, probation for 3 years, to revocation
(2) Failure to comply with a Board order with additional unprofessional conduct Suspension for 3 years, without stay for at least 30 days, and probation for 3 years, and conditions Revocation Suspension for 3 years, without stay for at least 30 days, and probation for 3 years, to revocation
(3) Failure to comply with a Board order with serious physical injury or death of a patient, or the risk of significant physical injury or death Suspension for 5 years, without stay for at least 1 year, and probation for 5 years, and conditions Revocation Suspension for 5 years, without stay for at least 1 year, and probation for 5 years, to revocation

G. Incompetent Practice Or Misconduct.

Severity Tier/Conduct Sanction Range Duration
Minimum Maximum
Least

to

Greatest

(1) Practice below acceptable standards with a low risk of patient harm Reprimand and conditions Suspension for 1 year, and probation for 1 year, and conditions Reprimand to suspension for 1 year, and probation for 1 year
(2) Practice below acceptable standards with patient harm or risk of patient harm Suspension for 3 years, without stay for at least 30 days, and probation, and conditions Revocation Suspension for 3 years, without stay for at least 30 days, and probation, to revocation
(3) Practice below acceptable standards with serious physical injury or death of a patient, or a risk of significant physical injury or death Suspension for 3 years, without stay for at least 90 days, and probation for 3 years, and conditions Revocation Suspension for 3 years, without stay for at least 90 days, and probation for 3 years, to revocation

H. Sexual Misconduct.

Severity Tier/Conduct Sanction Range Duration
Minimum Maximum
Least

to

Greatest

(1) Unsolicited conduct of a sexual nature excluding physical contact that serves no diagnostic or treatment purpose Reprimand and conditions Revocation Reprimand to suspension for 1 year, and probation for 1 year
(2) A personal relationship that violates professional ethics Suspension for 1 year, and probation for 1 year, and conditions Suspension for up to 5 years, probation for up to 5 years, and conditions Suspension for 1 year, and probation for 1 year, to suspension for up to 5 years, and probation for up to 5 years
(3) Physical contact of a sexual nature that does not include force, intimidation, the use of drugs, or alcohol, and that serves no diagnostic or treatment purpose Suspension for 2 years, without stay for at least 90 days, and probation for 2 years, and conditions Revocation Suspension for 2 years, without stay for at least 90 days, and probation for 2 years, to suspension for up to 7 years, without stay for at least 90 days, and probation for up to 7 years
(4) Sexual conduct involving, but not limited to, force intimidation, the use of drugs, or alcohol, or multiple victims Suspension for 5 years, without stay for at least 1 year, and probation for 5 years, and conditions Revocation Suspension for 5 years, without stay for at least 1 year, and probation for 5 years to revocation

I. Substance Abuse.

Severity Tier/Conduct Sanction Range Duration
Minimum Maximum
Least

to

Greatest

(1) Misuse of drugs or alcohol without harm to others Suspension for 2 years and probation for 2 years, and conditions Suspension for up to 5 years, and probation for up to 5 years, and conditions Suspension for 2 years and probation for 2 years, to suspension for up to 5 years and probation for up to 5 years
(2) Misuse of drugs or alcohol with patient harm or a risk of patient harm Suspension for 5 years, without stay for at least 90 days, probation for 5 years, and conditions Revocation Suspension for 5 years, without stay for at least 90 days, and probation for 5 years to revocation

J. Unauthorized Practice.

Severity Tier/Conduct Sanction Range Duration
Minimum Maximum
Least

to

Greatest

(1) Licensee knowingly allows an unauthorized individual to practice outside their scope of practice without patient harm or minimal patient harm Reprimand and conditions Suspension for 2 years, and probation for 2 years, and, conditions Reprimand to suspension for 2 years, and probation for 2 years
(2) Licensee knowingly allows an unauthorized individual to practice outside their scope of practice with greater than minimal patient harm Suspension for 5 years, without stay for at least 30 days, and probation for 5 years, and conditions Revocation Suspension for 5 years, without stay for at least 30 days, and probation for 5 years to revocation
(3) An unauthorized individual practices outside their scope of practice without patient harm or minimal patient harm Reprimand Suspension for 2 years, and probation for 2 years, and, conditions Reprimand to suspension for 2 years, and probation for 2 years
(4) An unauthorized individual practices outside their scope of practice with greater than minimal patient harm Suspension for 5 years, without stay for at least 30 days, and probation, and conditions Revocation Suspension for 5 years, without stay for at least 30 days, and probation, to revocation

K. Unethical Conduct.

Severity Tier/Conduct Sanction Range Duration
Minimum Maximum
Least

to

Greatest

(1) Unethical Conduct resulting in no physical or psychological harm Reprimand and conditions Suspension for up to 2 years, and probation for up to 2 years, and conditions Reprimand to suspension for up to 2 years, and probation for up to 2 years
(2) Unethical conduct resulting in financial injury Suspension for 3 years, and probation for 3 years, and conditions Revocation Suspension for 3 years, and probation for 3 years, to revocation
(3) Unethical conduct resulting in physical or psychological harm or a risk of physical or psychological harm Suspension for 3 years, and probation for 3 years, and conditions Revocation Suspension for 3 years, and probation for 3 years, to revocation
(4) Unethically, and without legal justification, fails to cooperate with a lawful investigation conducted by the Board Suspension for 5 years, without stay for at least 30 days, and probation, for 5 years, and conditions Revocation Suspension for 5 years, without stay for at least 30 days, and probation for 5 years, to revocation
(5) Unethical conduct resulting from misrepresentation or fraud Suspension for 5 years, and probation for 5 years, and conditions Revocation Suspension for 5 years, and probation for 5 years, to revocation
(6) Threatens, forces, intimidates, or influences a person to change or withhold evidence before the Board or the Office of Administrative Hearings. Suspension for 5 years, without stay for at least 90 days, and probation for 5 years, and conditions Revocation Suspension for 5 years, without stay for at least 90 days, and probation for 5 years, to revocation
(7) Unethical Conduct resulting from any violation not provided for in §K(1)—(6) of this regulation Reprimand Revocation Reprimand to revocation