The Code of Professional Responsibility and Rules & Procedures

January 2020

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III. ABC Credential Holders Convicted or Charged with a Felony or Disciplined by Other Entities, Organizations or Agencies

R3.1 — Conviction/Charge

If the ABC Credential Holder has been convicted of, pled guilty to or pled nolo contendere, to a felony, or if the Committee finds that an Agency, including without limitation, the Office of Inspector General and Centers for Medicare/Medicaid Services or its contractors, has determined that the ABC Credential Holder is in violation of its rules and regulations, the Committee shall review the record leading to the conviction, plea or Agency finding and will thereafter send the ABC Credential Holder a notice requesting the ABC Credential Holder show good cause why he/she/it is not in violation of the Code.

This action will be conducted without a right to have a hearing. Following receipt of the ABC Credential Holder’s response, the Committee may proceed with a final determination in accordance with Rules R2.3 and R6.1. If the ABC Credential Holder has been charged with a felony or possible violation of an Agency rule or regulation, such charge will neither require nor preclude further action by the Committee.

Notwithstanding the above, if an ABC Credential Holder is charged with a felony, or is the subject of a law enforcement investigation regarding a possible felony, when in the interest of public protection, as reasonably determined by the Committee, the Committee may indefinitely suspend the ABC Credential Holder’s credential pending the Committee’s final decision regarding the ABC Credential Holder’s possible Code violation and, in such event, the Committee shall send the ABC Credential Holder written notice that his/her/its credential has been indefinitely suspended pending the Committee’s final decision regarding the ABC Credential Holder’s possible Code violation.

R3.2 — Affiliations

If the ABC Credential Holder has been expelled or suspended for unethical or unprofessional conduct from a national, regional or state professional association, or had his/her/its license or credential revoked or sanctioned in any way on ethical grounds by an Agency or state licensing or certifying authority, the Committee shall review the records leading to the sanction(s), if available, and may, if appropriate suspend or revoke his/her/its credentials without further proceedings and, in such event, the Committee shall, send the ABC Credential Holder written notice that his/her/its credential is suspended or revoked.

R3.3 — Professional Negligence

If the ABC Credential Holder has acknowledged committing or has been found by a court of law or Agency to have committed professional negligence, the Committee shall review the record leading to the findings, if available, and, if appropriate, may thereafter sanction the ABC Credential Holder, without further proceedings and, in such event, the Committee shall send the ABC Credential Holder written notice that his/her/its credential is sanctioned.