(1) Disciplinary action by the board against a licensee, registrant or permit holder, or license, registration or permit shall require the following:(a) A sworn affidavit filed with the board charging a licensee, registrant or permit holder with an act which is grounds for disciplinary action as provided in Section 73-21-97; and(b) An order of the Investigations Review Committee of the board which shall cause the executive director of the board to fix a time and place for a hearing by the board. The executive director shall cause a written notice specifying the offense or offenses for which the licensee, registrant or permit holder is charged and notice of the time and place of the hearing to be served upon the licensee, registrant or permit holder at least thirty (30) days prior to the hearing date. Such notice may be served by mailing a copy thereof by certified mail, postage prepaid, to the last-known residence or business address of the licensee, registrant or permit holder.
(a) A sworn affidavit filed with the board charging a licensee, registrant or permit holder with an act which is grounds for disciplinary action as provided in Section 73-21-97; and
(b) An order of the Investigations Review Committee of the board which shall cause the executive director of the board to fix a time and place for a hearing by the board. The executive director shall cause a written notice specifying the offense or offenses for which the licensee, registrant or permit holder is charged and notice of the time and place of the hearing to be served upon the licensee, registrant or permit holder at least thirty (30) days prior to the hearing date. Such notice may be served by mailing a copy thereof by certified mail, postage prepaid, to the last-known residence or business address of the licensee, registrant or permit holder.
(2) The board shall designate two (2) of its members to serve on a rotating, no longer than three-consecutive-month basis, with the executive director and legal counsel serving in an advisory role, for the board as an Investigations Review Committee, and the board’s investigators shall provide status reports solely to the Investigations Review Committee during meetings of the committee. Such reports shall be made on all on-going investigations, and shall apply to any routine inspections which may give rise to the filing of a complaint. If any complaint on a licensee, registrant or permit holder comes before the board for possible disciplinary action, the members of the board serving on the Investigations Review Committee which reviewed the investigation of such complaint shall recuse themselves and not participate in the disciplinary proceeding. All meetings of the Investigations Review Committee shall be exempt from the Open Meetings Act, and minutes of the meetings of the Investigations Review Committee shall be exempt from the Public Records Act.
(3) The Investigation Review Committee may, if deemed necessary, issue a letter of reprimand to any licensee, registrant or permit holder in lieu of formal action by the board.
(4) For the purpose of conducting investigations, the board, through its executive director, may issue subpoenas to any individual, clinic, hospital, pharmacy, any other facility permitted by the board, or other entity having in its possession papers, documents, prescriptions or any other records deemed relevant to an investigation. Investigatory subpoenas, as provided in this section, may be served either by registered mail or by any person designated by the board for such service, and upon service shall command production of the papers and documents to the board at the time and place so specified. The board shall be entitled to the assistance of the chancery court or the chancellor in vacation, which, on petition by the board, shall issue ancillary subpoenas and petitions and may punish as for contempt of court in the event of noncompliance with the subpoenas or petitions.
(5) All records of investigation, including complaints filed with the board, shall be kept confidential and shall not be subject to discovery or subpoena. If no disciplinary proceedings are initiated within a period of five (5) years after the determination of insufficient cause, then the board may destroy all records obtained pursuant to this section.
(6) The board, acting by and through its executive director, is authorized and empowered to issue subpoenas for the attendance of witnesses and the production of books and papers at such hearing. Subpoenas issued by the board through its executive director as provided in this section shall extend to all parts of the state and shall be served by registered mail or by any person designated by the board for such service.
(7) The accused shall have the right to appear either personally or by counsel, or both, to produce witnesses or evidence in his behalf, to cross-examine witnesses, and to have subpoenas issued by the board.
(8) At the hearing, the board shall administer oaths as may be necessary for the proper conduct of the hearing. All hearings shall be conducted by the board, which shall not be bound by strict rules of procedure or by the laws of evidence in the conduct of its proceedings, but the determination shall be based upon sufficient evidence to sustain it.
(9) Where, in any proceeding before the board, any witness fails or refuses to attend upon a subpoena issued by the board, refuses to testify, or refuses to produce any books and papers the production of which is called for by a subpoena, the attendance of such witness, the giving of his testimony or the production of the books and papers shall be enforced by any court of competent jurisdiction of this state in the manner provided for the enforcement of attendance and testimony of witnesses in civil cases in the courts of this state.
(10) The board shall, within thirty (30) days after conclusion of the hearing, reduce its decision to writing and forward an attested true copy thereof to the last-known residence or business address of such licensee or permit holder by way of United States first-class, certified mail, postage prepaid.
(11) If the board determines that evidence in its possession indicates that there is an immediate danger to the public, the board, acting by and through its executive director, may order summary suspension of an individual’s license or registration or a permit of a facility without a hearing simultaneously with the filing of a formal complaint and notice for a hearing proceeding before the board. However, in the event of such summary suspension, a hearing must be held within twenty (20) days of such action.