1. (a) A board shall take non-disciplinary remedial action against any person licensed by it only if it finds that the person is afflicted with physical or mental disability, disease, disorder, or condition that causes the licensee’s continued practice to be deemed dangerous to the public health, safety, or welfare.

2. (b) For purposes of this section, the following definitions shall apply:

   1. (1) “Deemed dangerous to the public health, safety, or welfare” means that the affliction or condition causes the licensee to be incapable of behaving in conformity with accepted professional standards for the profession in which the licensee practices; and
   2. (2) “Unacceptable threat to public health, safety, or welfare” means that the threat posed by the licensee to the life, health, or safety of individuals with whom the licensee interacts in a professional capacity is greater than the licensee’s interests in retaining the licensee’s license.

3. (c) In order to take non-disciplinary remedial action, the board shall:

   1. (1) Provide notice and an opportunity for an adjudicative hearing to the licensee; and

   2. (2) Only take the action after making an affirmative finding that:

      1. a. The licensee is afflicted with a physical or mental disability, disease, disorder, or condition that causes the licensee’s continued practice to be deemed dangerous to the public health, safety, or welfare; and
      2. b. Allowing the licensee to continue to practice would create an unacceptable threat to public health, safety, or welfare.
4. (d) The action taken by the board shall be the least restrictive action that will address the affliction or condition and abate the threat, provided that the board shall revoke a license only if the findings required by (c)(2), above, are made based on clear and convincing evidence.

Source. (See Revision Note 1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (see Revision Note #2 at chapter heading for Plc 200); ss by #14133, eff 12-1-24, EXPIRES: 5-30-25; ss by #14241, eff 5-22-25