§ 4714. Unprofessional conduct

(a) A person licensed under this chapter or a person applying for a license shall not engage in unprofessional conduct.

(b) Unprofessional conduct means the following conduct in addition to the conduct set forth in 3 V.S.A.§ 129a:

(1) Failure to keep written respiratory care records justifying a course of treatment for a patient, including patient history, examination results, and test results.

(2) Performing professional services that have not been authorized by the patient or his or her legal representative.

(3) Performing any procedure or prescribing any therapy that, by the prevailing standards of respiratory care practice, would constitute experimentation on a human subject without first obtaining full, informed written consent.

(4) Sexual harassment of a patient.

(5) Engaging in a sexual act as defined in 13 V.S.A. § 3251 with a patient under the care of the person licensed under this chapter.

(c) In connection with a disciplinary action, the Office of Professional Regulation may refuse to accept the return of a license tendered by the subject of a disciplinary investigation.

(d) The burden of proof in a disciplinary action shall be on the State to show by a preponderance of the evidence that the person has engaged in unprofessional conduct.

(e) After hearing and upon a finding of unprofessional conduct or upon approval of a negotiated agreement, an administrative law officer may take disciplinary action against the licensee or applicant. That action may include any of the following conditions or restrictions, which may be in addition to or in lieu of a warning, reprimand, administrative penalty, suspension, or revocation:

(1) A requirement that the person submit to care or counseling.

(2) A restriction that a licensee practice only under supervision of a named individual or an individual with specified credentials.

(3) A requirement that a licensee participate in continuing education as directed by the administrative law officer in order to overcome specified deficiencies.

(4) A requirement that the licensee's scope of practice be restricted to a specified extent.

(f) The administrative law officer may reinstate a revoked license on terms and conditions he or she deems proper. (Added 2003, No. 139 (Adj. Sess.), § 2.)