Unprofessional Conduct Statute

(1) performance of unsafe or unacceptable patient or client care; or
(2) failure to conform to the essential standards of acceptable and prevailing practice.
(c) The burden of proof in a disciplinary action shall be on the state to show by a preponderance of the evidence
that theperson has engaged in unprofessional conduct.
(d) After hearing, and upon a finding of unprofessional conduct, a board or an administrative law officer may
take disciplinary action against a licensee or applicant, including imposing an administrative penalty not to
exceed $1,000.00 for each unprofessional conduct violation. Any money received under this subsection shall be
deposited in the professional regulatory fee fund established in section 124 of this title for the purpose of pro-
viding education and training for board members and advisor appointees. The director shall detail in the annual
report receipts and expenses from money received under this subsection.
(e) In the case where a standard of unprofessional conduct as set forth in this section conflicts with a standard
set forth in a specific board’s statute or rule, the standard that is most protective of the public shall govern.
(Added 1997, No. 40, § 5; amended 2001, No. 151 (Adj. Sess.), § 2, eff. June 27, 2002; 2003, No. 60, § 2; 2005,
No. 27, § 5; 2005, No. 148 (Adj. Sess.), § 4.)

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