§ 32-4154 — Investigative powers; complaints; emergency action; confidentiality

A. To enforce this chapter the board may:

1. Receive complaints filed against licensees and conduct a timely investigation.

2. Conduct an investigation at any time and on its own initiative without receipt of a written complaint if the board has reason to believe that there may be a violation of this chapter.

3. Issue subpoenas to compel the attendance of any witness or the production of any documentation relative to a case.

4. Take emergency action ordering the summary suspension of a license or the restriction of the licensee's practice pending proceedings by the board.

5. Require a licensee to be examined to determine the licensee's mental, physical or professional competence.

B. If the board finds that the information received in a complaint or an investigation is not of sufficient seriousness to merit direct action against the licensee, it may take any of the following actions:

1. Dismiss the complaint if the board believes the information or complaint is without merit.

2. Forward a confidential advisory letter to the licensee.

3. Issue a nondisciplinary order requiring the licensee to complete a prescribed number of hours of continuing education in an area or areas prescribed by the board to provide the licensee with the necessary understanding of practice standards for licensees, including current developments, skills, procedures or treatment interventions.

C. The board shall notify a licensee of a complaint and the nature of the complaint within ninety days after receiving the complaint.

D. Any person may submit a complaint regarding any licensee or other person who is potentially in violation of this chapter.

E. The board shall keep confidential all information relating to the receipt and investigation of complaints filed against licensees and others until the information becomes public record or as required by law.