36-765.03. Denial, suspension or revocation of certificate; disciplinary action; appeal

A. The director may deny, suspend or revoke the certificate of any community health worker who:

1. Violates any provision of this article or rule adopted pursuant to this article.

2. Has been convicted of a felony or a misdemeanor involving moral turpitude.

3. Indulges in conduct or a practice detrimental to the health or safety of the public.

B. The department may deny, suspend or revoke a certificate without holding a hearing. After receiving notification of the denial, suspension or revocation, the applicant may request a hearing to review the denial, suspension or revocation. If requested, the department shall conduct a hearing to deny, suspend or revoke a certificate pursuant to title 41, chapter 6, article 10.

C. If the director determines pursuant to a hearing that grounds exist to deny, suspend or revoke a certificate, the director may do so permanently or for a fixed period of time and may impose conditions as prescribed by rule.

D. A certified community health worker employed by a tribe who violates this section shall be under tribal government jurisdiction. If the worker is determined to have violated this section, the information provided to the director may result in the denial, suspension or revocation of the worker's certification. Internal hearings, appeals or penalties resulting from disciplinary actions by a tribal government are deemed as the final decision in accordance with this section.