| (a) Licensees are required to report legal actions
as follows:
(1) Any conviction, sentence, dispositive agreement,
or order placing the licensee on community supervision or pretrial
diversion, must be reported in writing to the Council within thirty
days of the underlying event. A report must include the case number,
court, and county where the matter is filed, together with a description
of the matter being reported. A licensee shall provide copies of court
documents upon request from agency staff.
(2) Any lawsuit brought by or against a licensee concerning
or related to the delivery of services regulated by this agency or
billing practices by the licensee. A report must include a copy of
the initial pleading filed by or served upon the licensee, and must
be submitted to the Council within thirty days of either filing by
or service upon the licensee.
(3) Any administrative or disciplinary action initiated
against a licensee by another health regulatory agency in this state
or any other jurisdiction, or any agency or office within the federal
government, must be reported to the Council by sending notification
of the action within thirty days of the licensee receiving notice
of the action. A report must include a copy of any complaint, notice
of violation, or other documentation received by the licensee from
the initiating entity which describes the factual basis for the action.
A licensee must also supplement this report to the Council with a
copy of any order, letter, or determination setting forth the final
disposition of the matter within thirty days following the final disposition.
(b) A complaint shall be opened if a reported criminal
action constitutes grounds for disciplinary action under applicable
state or federal law. A complaint may be opened if a reported civil
action constitutes grounds for disciplinary action under Council rules.
(c) Reciprocal Discipline:
(1) A complaint may be opened upon receipt of a report
of discipline against a licensee by another health licensing agency
in this state or any other jurisdiction.
(2) The Council may impose disciplinary action on a
licensee according to its own schedule of sanctions for the conduct
forming the basis of the other health licensing agency's disciplinary
action.
(3) A voluntary surrender of a license in lieu of disciplinary
action or during an investigation by another health licensing agency
constitutes disciplinary action under this rule.
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