The ethics committee may resolve pending complaints with actions
which are not considered formal disciplinary actions. These include:
issuance of an advisory notice, warning letter; or informal reminder;
issuance of a "Conditional Letter of Agreement;" and/or other actions
as deemed appropriate by the ethics committee. The licensee is not
entitled to a hearing on the matters set forth in the notice, letter,
reminder, "Conditional Letter of Agreement," or other action but may
submit a written response to be included in the complaint record.
Such actions by the ethics committee may be introduced as evidence
in any subsequent disciplinary action involving acts or omissions
after receipt of the notice, letter, reminder, "Conditional Letter
of Agreement," or other action which is does not involve a formal
disciplinary action.
(1) An advisory notice, warning letter or informal
reminder. The ethics committee may resolve pending complaints by issuance
of a formal advisory notice, warning letter, or informal reminder
informing licensees of their duties under the Act or this chapter,
whether the conduct or omission complained of appears to violate such
duties, and whether the board has a concern about the circumstances
surrounding the complaint.
(2) A "Conditional Letter of Agreement." The ethics
committee may resolve pending complaints by issuance of a "Conditional
Letter of Agreement" informing licensees of their duties under the
Act or this chapter, whether the conduct or omission complained of
appears to violate such duties, and creating board-ordered conditions
for the long-term resolution of the issues in the complaint. This
"Conditional Letter of Agreement" specifies the immediate disposition
of the complaint. The licensee is issued the "Conditional Letter of
Agreement" by the ethics committee, executive director, or designee;
a signature of agreement by the licensee is not required. If the licensee
fails to comply with all the board-ordered conditions in the specified
time frame outlined in the "Conditional Letter of Agreement," the
licensee will not have a right to a subsequent review of the issues
in the original complaint by the ethics committee, but rather, a new
complaint will be opened for the original violation(s), and notice
of the violation(s) will be issued to the licensee, proposing to impose
a formal disciplinary action as the resolution. The disciplinary action
proposed for failure to comply with a "Conditional Letter of Agreement"
will be a reprimand, unless otherwise specified by the ethics committee.
"Procedures for Revoking, Suspending, Probating or Denying a License,
or Reprimanding a Licensee" shall apply when a formal disciplinary
action is proposed.
(3) Other actions. The ethics committee may resolve
pending complaints with other actions which are not considered formal
disciplinary actions.
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