§ 17-80-106 - Investigations and inspections of alleged wrongdoing.
17-80-106. Investigations and inspections of alleged wrongdoing.
(a) The Arkansas State Medical Board, the Arkansas State Board of Dental Examiners, the Arkansas State Board of Nursing, the Veterinary Medical Examining Board, the Arkansas Board of Podiatric Medicine, the State Board of Optometry, and the Arkansas State Board of Physical Therapy are authorized to utilize as their employees, as the investigators for the purposes described in this section, the investigators and inspectors of the Division of Pharmacy Services and Drug Control of the Department of Health.
(b) The Department of Health is directed to make investigators and inspectors of the department available for those purposes and for as long as they may conduct investigations and inspections of alleged wrongdoing of those individuals licensed or permitted by the Arkansas State Medical Board, the Arkansas State Board of Dental Examiners, the Arkansas State Board of Nursing, the Veterinary Medical Examining Board, the Arkansas Board of Podiatric Medicine, the State Board of Optometry, and the Arkansas State Board of Physical Therapy.
(c) Upon written request of a person authorized by the respective licensing board and with authorization by the Director of the Division of Pharmacy Services and Drug Control of the Department of Health pursuant to appropriate authority from the board, the investigators may investigate, inspect, and make copies of medical records, dental records, nursing records, drug orders, prescriptions, veterinary records, and podiatry records, wherever located, of all persons licensed by the medical, optometric, dental, nursing, veterinary, podiatric, and physical therapy boards in order for the respective licensing board to determine whether or not any persons have:
(1) Violated the laws of the State of Arkansas or of the United States respecting the prescribing, administering, and use of narcotics and potentially dangerous drugs;
(2) Practiced their profession in such a way as to endanger the general health and welfare of the public; or
(3) Otherwise violated the practice act or rules and regulations of that respective board.
(d) Copies of records, prescriptions, or orders shall not become public records by reason of their use in disciplinary proceedings held by the licensing board, nor shall the patients' or licensed medical professionals' property rights to the prescriptions, orders, or records be extinguished by that use.
(e) (1) The investigators may obtain copies of prescriptions, orders, and records as admissible evidence without the necessity of the issuance of an administrative inspection warrant or search warrant as authorized by 5-64-502.
(2) However, investigators must have in their possession an authorization by the Division of Pharmacy Services and Drug Control of the Department of Health.
(3) The licensee may refuse the request of the investigator and not tender copies of the records.
(4) (A) If prescriptions, orders, or records are to be used in criminal proceedings, they shall be obtained by investigators only on an administrative inspection warrant.
(B) No inspection warrant is necessary when prescriptions, orders, or records are to be used solely for board disciplinary purposes.
(f) In lieu of a letter of authority, each of the boards will have the power to issue to the investigators a subpoena to obtain copies of the records referred to in this section, and the investigators will have the authority to serve the subpoena and collect the records.
(g) In the event that a witness served with a subpoena fails to honor the subpoena, the particular board issuing the subpoena may apply to the circuit court for remedies as provided in the Arkansas Rules of Civil Procedure. The court shall have the power to punish the disobedient witness for contempt as is now provided by law in the trial of civil cases.
(h) (1) The Division of Pharmacy Services and Drug Control of the Department of Health shall have the authority to collect from the individual board utilizing the services delineated in this section up to fifty dollars ($50.00) per hour with a maximum of four thousand dollars ($4,000) in hourly costs per case.
(2) The Division of Pharmacy Services and Drug Control of the Department of Health shall also have the authority to collect from the individual board utilizing the services delineated in this section for:
(A) Travel expenses at the level for state employees; and
(B) Other out-of-pocket costs incurred by the Division of Pharmacy Services and Drug Control of the Department of Health in carrying out its investigative task.
(i) The Arkansas State Medical Board, the Arkansas State Board of Dental Examiners, the Arkansas State Board of Nursing, the Veterinary Medical Examining Board, the Arkansas Board of Podiatric Medicine, the State Board of Optometry, and the Arkansas State Board of Physical Therapy are authorized to collect costs incurred under subsection (h) of this section from the licensees being investigated by the Division of Pharmacy Services and Drug Control of the Department of Health.
(j) All funds collected under subsection (h) of this section are declared to be special revenues and shall be deposited into the State Treasury and credited to the Public Health Fund to be used exclusively by the Division of Pharmacy Services and Drug Control of the Department of Health for investigations conducted under this section.
(k) Subject to rules and regulations as may be implemented by the Chief Fiscal Officer of the State, the disbursing officer for the Department of Health is authorized to transfer all unexpended funds collected under this section as certified by the Chief Fiscal Officer of the State to be carried forward and made available for expenditures for the same purpose for any following fiscal year.