Vermont Statutes Title 26 Sec. 1374
Terms Used In Vermont Statutes Title 26 Sec. 1374
- Board: means the Board of Medical Practice established under section 1351 of this title. See
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- following: when used by way of reference to a section of the law shall mean the next preceding or following section. See
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- License: means license to practice medicine and surgery in the State as defined in subchapter 3 of this chapter. See
- Members: means members of the Board. See
§ 1374. Decision and order
(a) Regardless of whether the Board makes its determination on the findings of the hearing panel pursuant to section 1372 of this chapter alone, on the findings of the hearing panel as supplemented by a hearing before the Board pursuant to section 1373 of this chapter, or on its own findings, the Board shall render its decision on the merits of the charge or charges on the basis of the evidence in the record before it.
(b)(1) If a majority of the members of the Board present and voting find that the individual complained against committed unprofessional conduct as specified in one or more of the charges, the Board shall prepare written findings of fact, conclusions, and an order, copies of which shall be served upon the individual complained against.
(A) In its order, the Board may do one or more of the following:
(i) reprimand the individual complained against;
(iii) take such other action relating to discipline or practice as the Board determines appropriate, including imposing an administrative penalty of not more than $1,000.00 for each act that constitutes an unprofessional conduct violation.
(ii) condition, limit, suspend, or revoke the license, certificate, or practice of the individual complained against; or
(B) Any monies received from the imposition of an administrative penalty imposed pursuant to this subdivision (2) shall be deposited into the Board of Medical Practice Regulatory Fee Fund for the purpose of providing education and training for Board members and licensees. The Commissioner of Health’s accounting under section 1351 of this chapter shall detail the receipts of administrative penalties and the purposes for which such monies were used.
(c) If the Board finds the individual complained against not guilty of the charge or charges, or the charges against the individual are dismissed, the Board shall promptly order a dismissal of the charges and issue a statement that the charges were not proved.
(d) Any order issued by the Board under this section shall be in full force and effect until further order of the Board or of a court of competent jurisdiction. (Added 2019, No. 126 (Adj. Sess.), § 1.)