Sec 32-2821. Revocation or suspension of certificate; other disciplines; grounds; procedures; penalty; judicial review

A. The certificate of a technologist, radiologist assistant or permit holder may be suspended for a fixed period, or may be revoked, or the technologist or radiologist assistant may be censured, reprimanded or otherwise disciplined, if after a hearing pursuant to title 41, chapter 6, article 10 it is determined that the holder of the certificate or permit:

1. Is guilty of any fraud or deceit in activities as a technologist or radiologist assistant or has been guilty of any fraud or deceit in procuring or maintaining a certificate.

2. Has been convicted in a court of competent jurisdiction of a crime involving moral turpitude. If the conviction has been reversed and the holder of the certificate or permit has been discharged or acquitted or if the holder of the certificate or permit has been pardoned or the holder's civil rights have been restored, the certificate may be restored.

3. Is an habitual drunkard or is addicted to the use of morphine, cocaine or other drugs having similar effect, is insane or uses hallucinogens.

4. Has knowingly aided or abetted a person, not otherwise authorized, who is not a certified technologist or radiologist assistant or has not been issued a special permit in engaging in the activities of a technologist or radiologist assistant.

5. Has undertaken or engaged in any practice beyond the scope of the authorized activities of a certified technologist, radiologist assistant or permit holder pursuant to this chapter.

6. Has impersonated a duly certified technologist, radiologist assistant or permit holder or former duly certified technologist, radiologist assistant or permit holder or is engaging in the activities of a technologist, radiologist assistant or permit holder under an assumed name.

7. Has been guilty of unethical professional conduct.

8. Has continued to practice without obtaining a certificate renewal or a special permit renewal.

9. Has applied ionizing radiation to a human being when not operating in each particular case under the direction of a duly licensed practitioner or to any person or part of the human body other than specified in the law under which the practitioner is licensed.

10. Has acted or is acting as an owner, co-owner or employer in any enterprise engaged in the application of ionizing radiation to human beings for the purpose of diagnostic interpretation or the treatment of disease, without being under the direction of a licensed practitioner.

11. Has used or is using the prefix "Dr.", the word "doctor" or any prefix or suffix to indicate or imply that the person is a duly licensed practitioner if this is not true.

12. Is or has been guilty of incompetence or negligence in activities as a technologist.

13. Is or has been afflicted with any medical problem, disability or addiction, that the board determines impairs the certificate or permit holder's professional competence.

14. Has interpreted a diagnostic image for a physician, a patient, the patient's family or the public.

B. Proceedings pursuant to this section against any certified technologist, radiologist assistant or permit holder shall begin by filing with the board a written charge or charges under oath against the technologist, radiologist assistant or permit holder. The charges may be referred by any person, corporation, association or public officer or by the board on its own motion. A copy of the charges, together with a report of the investigation as the board deems proper, shall be referred to the chairman of the board for review. If the chairman decides that the charges should be heard, the chairman shall designate three or more members of the board as a committee to hear and report on the charges and shall set a time and place for the hearing pursuant to title 41, chapter 6, article 10. A copy of the charges, together with a notice of the time and place of hearing, shall be served on the person charged either personally or by certified mail at least twenty days before the date fixed for the hearing. The board or its committee may issue subpoenas for the appearance of witnesses and to take testimony under oath.

C. If the certificate of any person has been revoked or suspended the board may, after the expiration of two years, entertain an application for restoration of the certificate under conditions to be prescribed by the board for each individual case.

D. The board may impose a penalty of not to exceed two hundred fifty dollars for each violation of this section. The board shall deposit, pursuant to sections 35-146 and 35-147, monies collected pursuant to this subsection in the state general fund.

E. Except as provided in section 41-1092.08, subsection H, a person may appeal a final board decision to the superior court pursuant to title 12, chapter 7, article 6.

F. The board may issue a nondisciplinary order requiring the certificate holder or permit holder to complete a prescribed number of hours of continuing education in an area or areas prescribed by the board to provide the certificate holder or permit holder with the necessary understanding of current developments, skills, procedures or treatment.