New Board Members Handbook

New Board Members Handbook 17 assault or battery on a patient; allegation of gross substandard care leading to serious injury or death to a patient; and impairment in practice setting. Reasons why emergency action may not occur: Evidence/witnesses are not available for use by PSU due to ongoing criminal investigation/prosecution; conviction/plea, which would form the only available basis for emergency action occurred too long after an arrest (emergency action based upon immediate serious danger occurs due to the underlying conduct establishing that someone poses a danger; a conviction is a function of the criminal system and is not necessarily an indicator that someone is dangerous to the public). Probable Cause Panel Process Complaints that have been determined to be legally sufficient are forwarded to PSU for prosecution; typically, this occurs once an investigation is completed. A case is assigned to a prosecutor, who reviews the file and determines what, if any, violations of a particular practice act may be brought and then prepares the appropriate pleadings for submission to the PCP. A prosecutor may recommend dismissal of a case due to insufficient evidence. A prosecutor may also recommend dismissal with a letter of guidance where there is evidence to support a violation but the panel may issue a letter of guidance in lieu of an Administrative Complaint (AC). An Administrative Complaint is recommended when there is probable cause that the Respondent committed a violation. Once probable caused is found, the AC is filed with the Agency Clerk and served on the Respondent. Once Respondent is served with the AC, the Respondent has 21 days to return the Election of Rights form requesting either a formal or informal hearing, or returning an executed settlement agreement. Key factors that contribute to the prosecution of a case include the following: 1) witnesses refuse to cooperate or to pro- vide testimony; 2) new evidence is submitted by the Respondent that necessitates additional expert review; 3) additional charges or reduction of charges requires that the case be presented back to the PCP for consideration and approval; 4) settlement negotiations involve settlement offers are rejected by the Board when presented and the counter-offer is rejected, requiring the case to be returned to its prior posture; 5) expert witnesses become unavailable for hearing, necessitating the retention of new expert witness and resulting depositions thereof. Types of cases presented to the board Informal The Respondent may request a hearing not involving disputed issues of material fact in the Administrative Complaint (AC). At the informal proceeding, the Subject would be permitted to present both written and oral evidence in mitigation of any disciplinary action. Formal Hearing/Recommended Order The Subject may request a hearing involving disputed issues of material fact alleged in the AC by submitting a petition for referral to the Division Of Administrative Hearings (DOAH). A formal hearing is conducted before an Administrative Law Judge (ALJ) at DOAH. After the hearing the ALJ issues a Recommended Order (RO) regarding the findings of fact and conclusions of law. The RO is presented to the Board for adoption. If the Board wishes to change any findings of fact or conclusions of law it must find competent substantial evidence in the case record to support the change. Settlement Agreement The Respondent may submit a signed settlement agreement that is negotiated by the Prosecutor and the Respondent (or attorney). The Settlement Agreement must be adopted/approved by Board before it is effective. Waiver/Default If the Respondent does not respond to the allegations in the AC within 21 days of service, the case will proceed without their participation in the outcome of the case.