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A board may require a health professional to submit to a mental or physical examination
whenever it has probable cause to believe the professional is impaired (alcohol, narcotics,
controlled substances)
The professional may submit findings of an examination of his/her choice to REBUT THE
FINDINGS of the examination commissioned by the board
Willful failure or refusal to submit to an examination requested by a board shall be considered
as AFFIRMATIVE EVIDENCE that the professional is in violation
If the board determines that the applicant/licensee has committed any of the 29 above, the
board may... - Deny a license
- Revoke/suspend the license
- Revoke/suspend privilege to practice in DC
- Reprimand
- Impose a civil fine not more than $5,000
- Require remediation (therapy/treatment, retraining, reexamination, probation, issue
cease/desist)
Remediation can include Therapy/treatment
Retraining
Reexamination
Probation
Issue cease/desist
,Criminal penalties
Any person who violates any provision of this chapter shall, upon conviction, be subject to
Imprisonment not to exceed 1 year
or
A fine not to exceed $10,000
or
both
Any person who has been PREVIOUSLY convicted under this chapter shall be subject to
Imprisonment not to exceed 1 year
A fine not to exceed $25,000
or both
Any health professional who is the subject of an investigation into, or a pending proceeding
involving, allegations misconduct may voluntarily Voluntarily surrender his/her license or
privilege to practice in DC
MUST deliver an affidavit that they are surrendering the license/privilege VOLUNTARILY
The voluntary surrender of a license shall not preclude/ prevent the imposition of civil/criminal
penalties
If it is determined that the violation has caused or may cause immediate and irreparable harm
to the public, the board or Mayor may issue a cease and desist order
shall be served by certified mail or delivery in person
, The alleged violator may submit a written request to hold a hearing on the alleged violation
within 15 days of the service of the cease and desist order
upon receipt of a timely request, Mayor shall conduct a hearing and render a decision per the
72 hour rules
The alleged violator who was issued a cease and desist order may submit a request for an
expedited hearing within 10 days (thereby waiving the right to 15-day notice required of
hearing)
Upon receiving a timely request of the expedited hearing, the board or Mayor shall conduct
a hearing within 10 days of receiving the request
the board/Mayor shall issue a decision within 30 days after an expedited hearing
If a request for a hearing is not made (regarding cease and desist) the order to cease and
desist is final
If, after a hearing, the board determines that the alleged violator is not in violation of the
chapter the board/Mayor shall REVOKE the order to cease and desist
If an individual fails to comply with a lawful order to cease/desist the board/Mayor may
petition the COURT TO ISSUE an order compelling compliance or take any other action
authorized in this chapter
Any person aggrieved by a final decision of a board/Mayor may appeal the decision to the
DC Court of Appeals
Substance abuse