§3429.  Denial, revocation, or suspension of license

A.  The board may withhold, suspend, restrict, revoke, or refuse to issue or renew any license issued or applied for in accordance with this Chapter or otherwise discipline a licensed clinical exercise physiologist after notice and opportunity for hearing pursuant to the Administrative Procedure Act, upon proof that the applicant or licensed clinical exercise physiologist:

(1)  Has been convicted in a court of competent jurisdiction of a felony or any offense involving moral turpitude, the record of conviction being conclusive evidence thereof.

(2)  Has violated the code of ethics adopted by the board.

(3)  Is using any narcotic or any alcoholic beverage to an extent or in a manner dangerous to any other person or the public or to an extent that the use impairs his ability to perform the work of a licensed clinical exercise physiologist.

(4)  Has impersonated another person holding a clinical exercise physiologist license or allowed another person to use his license.

(5)  Has used fraud or deception in applying for a license.

(6)  Has allowed his name or license issued under this Chapter to be used in connection with any person who performs clinical exercise physiology services outside of the area of his training, experience, or competence.

(7)  Is legally adjudicated mentally incompetent, the record of such adjudication being conclusive evidence thereof.

(8)  Has willfully or negligently violated any provision of this Chapter.

B.  Notice of denial, revocation, suspension, or disciplinary action shall be sent to the applicant or licensee by registered mail or served personally on the applicant or licensee.  The notice shall state the particular reasons for the proposed action and shall set a date at which time the applicant or licensee shall be given an opportunity for a prompt and fair hearing.  The written notice shall be sent to the person's last known address, but the nonappearance of the person shall not prevent such a hearing.  For the purpose of such hearing, the board may subpoena persons, books, and papers, on its own behalf of the applicant or licensee who, may appear by counsel or personally in his own behalf.

C.  On the basis of any hearing or upon default of the applicant or licensee, the board shall make a determination specifying its findings of fact and conclusions of law.  A copy of such determination shall be sent by registered mail or served personally upon the applicant or licensee.  The decision of the board denying, revoking, or suspending the license shall become final thirty days after being mailed or served unless within such period the applicant or licensee appeals the decision as provided by the Administrative Procedure Act.  No such appeal while pending appropriate court action shall supersede such denial, revocation, or suspension.  All proceedings and evidence presented at hearings before the board may be admissible during appellate proceedings.

D.  Every order and judgment of the board shall take effect immediately on its promulgation unless the board in such order or judgment set a probationary period for the applicant or licensee.  Such order and judgment shall continue in effect until expiration of any specified time period or termination by a court of competent jurisdiction.  The board shall notify all licensees of any action taken against a licensee and may make public its orders and judgments in such manner and form as it considers proper.

Acts 1995, No. 630, §1.