§18323. Powers and duties of the board

The board has the following powers and duties in addition to all other powers and duties imposed by this chapter:   [PL 2015, c. 429, §21 (NEW).]

1.  Hearings and procedures.  The power to hold hearings and take evidence in all matters relating to the exercise and performance of the powers and duties vested in the board and the authority to subpoena witnesses, books, records and documents in hearings before the board;

[PL 2015, c. 429, §21 (NEW).]

2.  Complaints.  The duty to investigate complaints in a timely fashion on its own motion and those lodged with the board or its representatives regarding the violation of a provision of this chapter or of rules adopted by the board;

[PL 2015, c. 429, §21 (NEW).]

3.  Fees.  The authority to adopt by rule fees for purposes authorized under this chapter in amounts that are reasonable and necessary for their respective purposes, except that:

A. The fee for any one purpose may not exceed $550 unless another fee is authorized by paragraph B or C;   [PL 2019, c. 92, §1 (NEW).]

B. The fee for an initial license or a license renewal under section 18342 or a permit under section 18379 may not exceed $1,000; and   [PL 2019, c. 92, §1 (NEW).]

C. The fee for an initial license or a license renewal under section 18345 may not exceed $200;   [PL 2019, c. 92, §1 (NEW).]

[PL 2019, c. 92, §1 (AMD).]

4.  Budget.  The duty to submit to the commissioner its budgetary requirements in the same manner as is provided in Title 5, section 1665. The commissioner shall in turn transmit these requirements to the Department of Administrative and Financial Services, Bureau of the Budget without revision, alteration or change, unless alterations are mutually agreed upon by the department and the board or the board's designee. The budget submitted by the board to the commissioner must be sufficient to enable the board to comply with this chapter;

[PL 2015, c. 429, §21 (NEW).]

5.  Adequacy of budget, fees and staffing.  The duty to ensure that the budget submitted by the board to the commissioner pursuant to subsection 4 is sufficient, if approved, to provide for adequate legal and investigative personnel on the board's staff and that of the Attorney General to ensure that complaints pursuant to this chapter can be resolved in a timely fashion;

[PL 2015, c. 429, §21 (NEW).]

6.  Executive director; duties.  The power to appoint an executive director who serves at the pleasure of the board and who shall assist the board in carrying out its duties and responsibilities under this chapter. The executive director is responsible for the management of the board's affairs, including the authority to employ and prescribe the duties of personnel within the guidelines, policies and rules established by the board;

[PL 2015, c. 429, §21 (NEW).]

7.  Authority to delegate.  The power to delegate to staff the authority to review and approve applications for licensure pursuant to procedures and criteria established by rule;

[PL 2015, c. 429, §21 (NEW).]

8.  Protocols for professional review committee.  The authority to establish protocols for the operation of a professional review committee as defined in Title 24, section 2502, subsection 4-A. The protocols must include the committee reporting information the board considers appropriate regarding reports received, contracts or investigations made and the disposition of each report, as long as the committee is not required to disclose any personally identifiable information. The protocols may not prohibit an impaired licensee under this chapter from seeking alternative forms of treatment; and

[PL 2015, c. 429, §21 (NEW).]

9.  Authority to order a mental or physical examination.  The authority to direct a licensee, who by virtue of an application for and acceptance of a license to practice under this chapter is considered to have given consent, to submit to an examination whenever the board determines the licensee may be suffering from a mental illness or physical illness that may be interfering with competent practice under this chapter or from the use of intoxicants or drugs to an extent that prevents the licensee from practicing competently and with safety to patients. A licensee examined pursuant to an order of the board may not prevent the testimony of the examining individual or prevent the acceptance into evidence of the report of an examining individual. The board may petition the District Court for immediate suspension of a license if the licensee fails to comply with an order of the board to submit to a mental or physical examination pursuant to this subsection.

[PL 2015, c. 429, §21 (NEW).]

SECTION HISTORY

PL 2015, c. 429, §21 (NEW). PL 2019, c. 92, §1 (AMD).