2011 Vermont Code
Title 26 Professions and Occupations
Chapter 23 MEDICINE
§ 1365 Notice of conviction of crime; interim suspension of license

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TITLE 26

Professions and Occupations

CHAPTER 23. MEDICINE

Subchapter II. Board of Medical Practice

§ 1365. Notice of conviction of crime; interim suspension of license

(a) The board shall treat a certified copy of the judgment of conviction of a crime for which a licensee may be disciplined under section 1354 of this title as an unprofessional conduct complaint. The record of conviction shall be conclusive evidence of the fact that the conviction occurred. If a person licensed under this chapter is convicted of a crime by a court in this state, the clerk of the court shall within 10 days of such conviction transmit a certified copy of the judgment of conviction to the board.

(b) Upon receipt of the certified copy of the judgment of conviction of a crime for which a licensee may be disciplined for unprofessional conduct, the board may immediately suspend that person's license until the time for appeal has elapsed and no appeal has been taken, or until the judgment of conviction has been affirmed on appeal or has otherwise become final, and until further order of the board. The board shall notify the licensee whose license has been suspended under this section and advise the licensee of his or her right to request a hearing, within 90 days. At such hearing, the licensee shall have the burden of showing why the suspension should not remain in effect pending appeal.

(c) The disciplinary hearing shall not be commenced until all appeals from the conviction are concluded unless the licensee requests that the matter not be deferred. The sole issue to be determined at such hearing shall be the nature of the disciplinary action to be taken by the board.

(d) An interim suspension ordered under subsection (b) of this section shall automatically terminate if the licensee demonstrates that the conviction which served as the basis of the interim suspension has been reversed or vacated. However, a reversal or vacated conviction shall not prohibit the board from pursuing disciplinary action based on any cause other than the overturned conviction. (Added 1995, No. 188 (Adj. Sess.), { 11; amended 2011, No. 61, { 2, eff. June 2, 2011.)