STATE OF VERMONT SECRETARY OF STATE OFFICE OF PROFESSIONAL REGULATION BOARD OF RADIOLOGIC TECHNOLOGY. Board Authority. Statement of Facts

Transcription

1 lont. SECRETARY OF STATE OFFICE OF PROFESSIONAL REGULATION BOARD OF RADIOLOGIC TECHNOLOGY IN RE: WILLIAM DOAK ) ) Docket No.: ULP-RT NOW COMES the State ofveffilont through state prosecuting attorney Robert H.. Backus, and the Respondent in person and through counsel, David Spielman and enter into the following stipulation and consent order. Board Authority 1. The Vermont Board ofradioloc Technology has jurisdiction to investigate andl29a;id adjudicate allegations of unprofessional conduct pursuant to 3 V.S.A. 129 and 26 V.S.A and 2831; the Rules of the Board ofradioloc Technology; aj the Rules of the Professional Regulation. Statement of Facts 2. At all times relevant, Respondent, William Doak, was employed as Director of Radiology at Southwestern Vennont Medical Center located in Bennington, VemJ 3. Respondent admits to taking an x-ray for patient G.D. on or about May 12, Respondent admits to taking an x-ray for patient A. T. on or about May 12, Respondent admits to taking an x-ray for patient L.D. on or about May 22, Rspondent has never been licei:sed as d radiologic :c:clliiologi8t in tile s..ate of Vennont. Charges Counts For each of the three films taken by the Respondent, the Respondent has engaged in unprofessional conduct pursuanto: 9 Baldwin Strlet 1

2 Rules of the Board of Radiologic Technology, Rule 2.1 (You are not allowed to practice radiologic technology in Veffilont unless you are currently licensed); V.S.A. 2802(b) (No person shall practice radiologic technology unless he or she is licensed in accordance with the provisions of this chapter); Understandings 9. Respondent understands that the Board must review and accept the terms of the Consent Order. If the Board rejects any portion the entire Stipulation and Consent Order shall be void. 10. Respondent has reviewed the entire document with advice of counsel and agrees that it sets out the entire agreement of the parties, freely and voluntarily entered into..respondent waives any notification period and agrees to have this document reviewed by the Board during its next meeting. Respondent specifically waives any claim that presentation of this stipulation to the Board has prejudiced his right to a fair and impartial hearing should the Board reject this stipulation. 12. Respondent voluntarily waives his right to a contested hearing before the Board. 13. Respondent voluntarily waives any right to appeal from any orders of the Board resulting from this stipulation. Consent Order 14. The Board finds that by engaging in the above conduct the Respondent has committed unlicensed practice. 15. Respondent shall pay a civil penalty of one thousand dollars ($ ) within ninety days of the entry of this order. 16. The final disposition of the complaint against Respondent is public and the Board may notify other states of its disposition as provided in 3 V.S.A. 129(a)(8). 17. Respondent understands that this Stipulation and Consent Order will remain part of his licensing file and may be used for purposes of detennining sanctions in any future disciplinary matter. 18. A violation of this order is unprofessional conduct and grounds for further disciplinary action. 9 Baldwin Strlt 2

3 ,/ I I, Respectfully presented by: I If r " ROBERT --, BA<)KUS Prosecutor I Professional Regulation Secretary of State Date: /y / ; ak D... e:-"' "}' C,"",: ""''" t Date: IB. 'e.. o fur Respondent --'..."er I;) :I?L ) "",',.,,f/'",.-,- --- j / f f APPROVED AND SO ORDERED: VERMONT BOARD OF RADIOLOGIC TECHNOLOGY U Cc... -t t 61 El1fr, Professional Regulation 9 Baldwin Street 3

4 SECRETARY OF STATE OFFICE OF PROFESSIONAL REGULATION BOARD OF RADIOLOGIC TECHNOLOGY IN RE: WILLIAM DOAK ) ) Docket No.: ULP-RT SPECIFICATION OF CHARGES NOW COMES the State ofvennont and makes the following Charges against the Respondent, William Doak: Board Authority I. The Vennont Board of Radiologic Technology has jurisdiction to investigate and adjudicate allegations of unprofessional conduct pursuanto 3 V.S.A. 129 and 129a; 26 V.S.A and 2831; the Rules of the Board of Radiologic Technology; and the Rules of the Professional Regulation. Statement of Facts 2. At all times relevant, Respondent, W.illiam Doak, was employed as Director of Radiology at Southwestern Vermont Medical Center located in Bennington, Vermont. 3. Respondent admits to taking an x-ray for patient G.D. on or about May 12, Respondent admits to taking an x -ray for patient A. T. on or about May 12, Respondent admits to taking an x-ray for patient L.D. on or about May 22, Respondent has never been licensed as a radiologic technologist in the state of Vennont. Charges Counts For each of the three films taken by the Respondent, the Resp<?ndent has engaged in unprofessional conduct pursuant to: i. 3 V.S.A. 129a(a)(In addition to any other provision of law, the following conduct by a licensee constitutes unprofessional conduct. When that conduct is Prosecuting Attolrney 9 Baldwin Street 1

5 v by an applicant or person who later becomes an applicant, it may constitute grounds for derrial of a license or other disciplinary action); ii. Rules of the Board of Radiologic Technology, Rule 2.1 (You are not allowed to practice radiologic technology in Vennont unless you are currently licensed); iii, 26 V.S.A. 2802(b) (No person shall practice radiologic technology unless he or she is licensed in accordance with the provisions of this chapter); iv. 3 V.S.A. 129a(b)(2) (Failure to practice competently by reason of any cause on a single occasion or on multiple occasions may constitute unprofessional conduct. Failing to practice competently includes failing to conform to the essential standards of acceptable and prevailing practice); and 3 V.S.A. 129a(a)(3) (Failing to comply with provisions of federal or state statutes or rules governing the practice of the profession). Relief Requested WHEREFORE, the Respondent, William Doak, should be fined a civil penalty of $3,000 or be otherwise disciplined. SECRETARY L 1: Attorney ulp-rt.doak.soc STATE OF VEDIONT Professional Regulation 9 Baldwin StrEt Montpelier, VI 2