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Statutes Text

Article - Health Occupations


    (a)    If a statute authorizes a health occupations board to use a system of peer review in standard of care cases and the peer reviewer or peer reviewers determine that there has been a violation of a standard of care, the board shall provide the licensee or certificate holder under investigation:

        (1)    An opportunity to review the final peer review report; and

        (2)    At least 10 business days after the report was sent to the licensee or certificate holder to provide the board with a written response.

    (b)    If a health occupations board receives a written response to a final peer review report, the board shall consider both the report and response before taking any action.

    (c)    (1)    Except as provided in paragraph (2) of this subsection, health occupations boards and disciplinary panels may not reprimand a licensee or certificate holder, place a licensee or certificate holder on probation, or suspend or revoke the license of a licensee or the certificate of a certificate holder solely on the basis of the licensee’s or certificate holder’s use of a diagnostic evaluation or treatment of a patient that is integrative, complementary, alternative, or nonconventional, including in the treatment of Lyme disease or tick–borne illnesses.

        (2)    This subsection may not be construed to release a licensee or certificate holder from the duty to exercise a professional standard of care when evaluating and treating a patient’s medical condition.