§ 5-31.1-4. Powers and duties of the board of examiners in dentistry.
The board of examiners in dentistry has the following duties and powers:
(1) To adopt, amend, and rescind any rules and regulations, with the approval of the director
of the department of health, that it deems necessary to carry out the provisions of
this chapter;
(2) To investigate all complaints and charges of unprofessional conduct against any licensed
dentist, dental hygienist, DAANCE-certified maxillofacial surgery assistant, or limited
registrant and to hold hearings to determine whether those charges are substantiated
or unsubstantiated;
(3) To direct the director of the department of health to license qualified applicants
for licensure;
(4) To appoint one or more dentists or dental hygienists or certified dental assistant
to act for the members of the board in investigating the conduct or competence of
any licensed dentist, dental hygienist, DAANCE-certified maxillofacial surgery assistant,
or limited registrant;
(5) To direct the director to revoke, suspend, or impose other disciplinary action as
to persons licensed or registered under this chapter;
(6)(i) To issue subpoenas and administer oaths in connection with any investigations, hearing,
or disciplinary proceedings held under the authority of this chapter;
(ii) All subpoenas issued pursuant to this section shall only be issued by a vote of either
the investigative committee or the full board of examiners in dentistry:
(A) All subpoenas issued by the board or the investigative committee shall be served by
a disinterested party or by a constable authorized by the courts to serve process;
(B) Subpoenas issued by either the investigative committee or the full board of examiners
in dentistry shall have a reasonable return date that will allow the recipient an
opportunity to review the subpoena, consult with counsel, and prepare a response to
the subpoena; and
(C) All subpoenas shall be in compliance with the Rhode Island healthcare confidentiality
act.
(D) In the absence of a properly executed patient consent, subpoena requests shall only
be made by request of the board to a court of competent jurisdiction that may issue
a court order compelling production of confidential healthcare information of a patient;
(7) To take or cause depositions to be taken as needed in any investigation, hearing,
or proceeding;
(8) To summon and examine witnesses during any investigation, hearing, or proceeding conducted
by the board; and
(9) To adopt and publish, with the prior approval of the director, rules of procedure
and other regulations in accordance with the administrative procedures act, chapter 35 of title 42.