Disciplinary Policy

I. Rationale:

The Nuclear Medicine Technology Certification Board (NMTCB) is dedicated to the promotion of safe, competent medical care for any and all individuals. To that end, the NMTCB processes and evaluates applications for NMTCB certification, administers certification exams and monitors certificant continuing education and adherence to legal and ethical standards, including but not limited to the Code of Ethics of the Society of Nuclear Medicine Technologist Section. The NMTCB therefore requires those participating in these credentialing processes to ascribe to the following standards.

II. Definition of terms:

1. NMTCB Certificate: A certificate granted by the Nuclear Medicine Technology Certification Board (NMTCB) signifying recognition that an individual has met certification qualifications set from time to time by the NMTCB, including, but not limited to education, experience, examination, and good moral character.

2. Certificant: An individual who holds any NMTCB certificate.

3. Types of NMTCB Certificates:

a. Active: A duly issued NMTCB certificate currently in good standing.
b. Inactive: A duly issued NMTCB certificate which is no longer active and is not in good standing due to non-payment of renewal fees.
c. Emeritus: An inactive certificate of a certificant with either 15 years active certification, or 10 years active certification and over the age of 62.

4. Probation: The certificant maintains certification, but specific requirements must be met within a given time frame in order to return to Active status. If the probation requirements are not met, the certificant may be subject to further administrative discipline.

5. Suspension: The certificant has his/her certification removed. There is a possibility of the certification being reinstated after specific requirements have been met.

6. Revoked: The certificant has had his/her certification removed. The only possibility of reinstatement is by passing the examination after meeting the current eligibility requirements.

III. Standards:

The certificant or applicant shall comply with all existing and future rules, regulations and ethical standards established by the NMTCB and the nuclear medicine community and will bear responsibility for demonstrating compliance with these standards of behavior. Failure to do so may lead to administrative action by the NMTCB against the certificant, including but not limited to the denial of an application, non-renewal of a certificate, revocation, probation, or suspension of any and all NMTCB credentials or applications.

IV. Reporting/Investigation of Possible Violations:

Individuals should report possible violations of NMTCB rules, regulations, and ethical standards in writing to the office of the NMTCB. This report must include the signature of the complainant, information regarding the identity of the person(s) involved in the alleged misconduct with as much specific detail and documentation as possible. During the investigative process, the identity of the person making the report may be made known at the discretion of the NMTCB, as well as the identity(ies) of the individual(s) with knowledge of the facts and circumstances surrounding the alleged misconduct.

The NMTCB has the authority to initiate a disciplinary proceeding without having received a complaint or notification of inappropriate conduct on the basis of reliable information that is available publicly, obtained by authorized agencies, or otherwise properly obtained, if such information indicates that an individual acted in a way which would constitute a violation of NMTCB standards. Such information may include evidence that an individual has violated NMTCB standards, a state or federal law, or that a state or federal licensing agency has determined that an individual acted in a way contrary to NMTCB standards or such state or federal laws. Disciplinary action against other professional credentials or certifications may also constitute grounds for discipline by the NMTCB.

If the NMTCB substantiates inappropriate behavior, it may impose sanctions against the offending individual, which may include temporary or permanent loss of eligibility for exams or certification, revocation of an existing certificate, suspension of certification, invalidation of scores or other sanctions as deemed appropriate. In addition to administrative sanction, the NMTCB also reserves the right to pursue any and all civil and legal remedies available under law.

V. Inappropriate Conduct:

In addition to criminal behavior and the violation of established professional ethical standards, the NMTCB also defines inappropriate conduct to include any behavior that undermines or threatens the integrity of the application, assessment or certification processes of the NMTCB, whether it occurs before, during or after an exam.

Inappropriate conduct may include, but is not limited to, having or seeking access to NMTCB exam materials before the exam, impersonating an examinee or engaging someone else to take the exam by proxy, copying answers from someone else or allowing one's answers to be copied, making notes during any exam administration, copying or memorizing and reproducing test items, altering or misrepresenting scores, misappropriating exam materials or other such behavior which may cast doubt on the exam results of the individual or another person.

Inappropriate conduct may also include making false representation during the application process or in connection with certification status, altering or falsifying NMTCB certificates or other documents, or making the false representation that one is certified by the NMTCB. Anyone who manufactures, modifies, reproduces, distributes, or uses a fraudulent or otherwise unauthorized NMTCB certificate or other credential is considered to be in violation of NMTCB standards of appropriate conduct.

VI. NMTCB Administrative Action:

The NMTCB may deny, revoke, suspend or otherwise sanction an applicant or certificant upon a determination of non-compliance with NMTCB rules, regulations, or standards, as well as for the grounds listed below. The NMTCB shall be the sole judge of whether or not the information before it is sufficient to justify administrative action. The decision of the NMTCB Board of Directors shall be final. Individuals subject to administrative action are entitled to an administrative hearing under procedures set forth by the NMTCB from time to time. Adverse administrative actions may be appealed under procedures set forth by the NMTCB from time to time.

Grounds for Discipline: The following list includes but is not limited to actions which constitute grounds for discipline of applicants and certificants of the NMTCB:

a. failure to promote the safety and welfare of the public, whether through negligent acts, acts of omission or through misrepresentation;

b. conviction (which includes guilty pleas and pleas of nolo contendre) of a felony;

c. conviction of a misdemeanor (which includes guilty pleas and pleas of nolo contendre) directly related to public health or the provision of safe, competent medical care;

d. misuse or reproduction, in any manner or fashion, of NMTCB certification examination materials, certificates, logos, abbreviations, or emblems recognized as the exclusive property of the NMTCB without the expressed written consent of the NMTCB;

e. failure to relinquish and/or refrain from using NMTCB certificates and/or renewal cards, the NMTCB logo and/or emblems, the NMTCB name, and/or NMTCB credentialing abbreviations, when so directed by the NMTCB;

f. unprofessional conduct as determined by the NMTCB;

g. misrepresentation or falsification of material information in connection with an application, credentials, assessment documentation, continuing education reports, or other materials or information submitted to the NMTCB;

h. failure to comply with any duly entered order of the NMTCB regarding an NMTCB certificate or application;

i. engaging in inappropriate conduct in connection with the certification process or renewal of the certification process, including but not limited to:

1. noncompliance with assessment procedures, regulations, or instructions;
2. violation of confidentiality agreements signed in accordance with the candidate application and/or assessment administration;
3. obtaining improper access to secure assessment materials or information prior to the administration of the assessment;
4. sharing, publishing, electronically posting, or otherwise reproducing secure assessment materials or information;
5. any other form of misconduct that compromises the integrity of the certification process.

j. denial of an application, discipline or adverse administrative action of any professional license;

k. termination from an employment position involving the use of NMTCB credentials AND where the conduct leading to such termination has involved:

1. child or elder abuse,
2. sexual abuse,
3. substance abuse,
4. job-related crimes,
5. violent crimes against persons;

l. filing of a complaint deemed to be frivolous and intended to harm a certificant or applicant and not intended to protect the public;

m. other conduct the NMTCB determines is inconsistent with the standards required of an NMTCB certificant, including but not limited to, unethical, unprofessional and/or incompetent medical practice.

VII. Administrative Sanctions:

Sanctions imposed by the NMTCB may include but are not limited to:

1. Denial of certification and withholding of score report, with leave to retake one or more assessment exams.
2. Denial of certification and exclusion from future participation in NMTCB programs.
3. Suspension of certification.
4. Probation.
5. Revocation of certification.
6. Assessment of monetary sanction to recover costs associated with the investigation and administrative prosecution by the NMTCB.

VIII. Additional NMTCB Authority and Disclosure:

In the interest of protecting the public and the integrity of the profession regarding individuals subject to administrative action by the NMTCB, the NMTCB shall have the authority to:

1. Remove the name of the individual from any official NMTCB listing of certificants; and

2. Provide the following information regarding the disciplined individual to the agency(ies) responsible for state licensure, employers, other professional certification or credentialing organizations, as well as to any third-party payer who financially support or supports the individual involved, including:

a. name,
b. contact address, city, and state,
c. place of employment,
d. date of action and sanction imposed by the NMTCB.

3. Publish the following information available through NMTCB online and print publications and press releases:

a. name,
b. contact address, city, and state,
c. date of action and sanction imposed by the NMTCB.

IX. Reinstatement:

Unless otherwise ordered through an administrative determination, an individual whose eligibility, certification, or recertification has been administratively disciplined by the NMTCB may apply for reinstatement under procedures set forth from time to time by the NMTCB. Action on all reinstatement applications shall be at the discretion of the NMTCB Board of Directors.

X. Procedural Document of Disciplinary Action:

1. All written complaints submitted to the NMTCB shall be reviewed by the Executive Director in consultation with applicable staff and members of the Board of Directors. Complaints that are determined to be credible and within the purview of the NMTCB shall be referred to the Disciplinary Committee.

Any individuals or organizations may submit written complaints. The NMTCB may also proceed with any review action on its own accord.

2. The Disciplinary Committee shall make a reasonable effort to determine the facts of the matter and negotiate a resolution. Resolutions negotiated prior to any formal charge or hearing shall be presented to the Disciplinary Committee for review and recommendation to the Board of Directors. If the matter is not informally resolved with the Disciplinary Committee, and such Committee determines that there is a reasonable basis to the allegations, the individual in question shall be formally notified of the charges and the right to, within 30 days of receipt of the formal charge(s), submit an answer to and elect a hearing before the Disciplinary Committee. The Disciplinary Committee may dismiss a charge if it finds the individual in question has not violated the grounds for discipline as charged or that the allegations would constitute only minor or technical violations that would not warrant further action, have already been adequately addressed in another forum, or are likely to be corrected.

3. If the individual in question requests a telephonic or personal hearing before the Disciplinary Committee, he or she shall be given 30 days written notice of the place, time, and date of the hearing. During the hearing, the individual in question shall be given full opportunity to address the allegations of the complaint, including the introduction of evidence and production of witnesses. Personal hearings will only be conducted during the regularly scheduled Board of Directors meetings in the Fall and Spring. The individual in question is responsible for all of his/her expenses related to the personal or telephonic hearing.

4. The Disciplinary Committee shall review all of the documentation duly admitted into evidence concerning the matter. Based on its review of the record and any statements from the respondent obtained during any personal appearances or phone interviews, the Disciplinary Committee, shall, at its discretion, recommend to the NMTCB Board of Directors dismissal of the matter or an administrative sanction.

5. The Disciplinary Committee may also recommend to the NMTCB Board of Directors that the NMTCB take legal action against the respondent in question. Once the recommendation has been taken to the Board of Directors, the Board shall review and discuss the relevant facts of the case. The Board shall eventually vote to:

a. accept the recommendation of the Disciplinary Committee, or
b. dismiss the complaint, or
c. impose a different disciplinary action, or
d. table its decision until additional information can be obtained

6. The decision of the Board of Directors is final and is subject to appeal pursuant to the established NMTCB Appeals Process.

Updated: December 2006
Reviewed: October 2012