To remove for mental incompetence, which body must make the finding?

• A. A court of competent jurisdiction
• B. The Governor
• C. The Board
• D. A panel of peers

Answer: (A)

Mental incompetence is a legal determination that must be made by a court, not by an administrative body or a non-judicial panel. In this context, removing a practitioner from practice for mental incompetence requires a court of competent jurisdiction to make the finding. The court has the authority to determine incapacity through proper due process, including notice, evidence, and the opportunity to be heard. Once the court has declared mental incompetence, the licensing body can act to restrict or revoke the license accordingly with the court’s determination in hand. The Governor, the licensing board, or a panel of peers do not have the authority to make that final determination on their own.