§ 1353 - Powers and duties of the board
§ 1353. Powers and duties of the board
The board shall have the following powers and duties to:
(1) Investigate all complaints and charges of unprofessional conduct against any holder of a license or certificate, or any medical practitioner practicing pursuant to section 1313 of this title, and to hold hearings to determine whether such charges are substantiated or unsubstantiated.
(2) Issue subpoenas and administer oaths in connection with any investigations, hearings, or disciplinary proceedings held under this chapter.
(3) Take or cause depositions to be taken as needed in any investigation, hearing or proceeding.
(4) Undertake any such other actions and procedures specified in, or required or appropriate to carry out, the provisions of this chapter.
(5) Require a licensee or applicant to submit to a mental or physical examination, and an evaluation of medical knowledge and skill by individuals or entities designated by the board if the board has a reasonable basis to believe a licensee or applicant may be incompetent or unable to practice medicine with reasonable skill and safety. The results of the examination or evaluation shall be admissible in any hearing before the board. The results of an examination or evaluation obtained under this subsection and any information directly or indirectly derived from such examination or evaluation shall not be used for any purpose, including impeachment or cross-examination against the licensee or applicant in any criminal or civil case, except a prosecution for perjury or giving a false statement. The board shall bear the cost of any examination or evaluation ordered and conducted pursuant to this subdivision. The licensee or applicant, at his or her expense, shall have the right to present the results or reports of independent examinations and evaluations for the board's due consideration. An order by the board that a licensee or applicant submit to an examination, test or evaluation shall be treated as a discovery order for the purposes of enforcement under sections 809a and 809b of Title 3. The results of an examination or evaluation obtained under this subdivision shall be confidential except as provided in this subdivision. (Amended 1975, No. 249 (Adj. Sess.), § 2; 1989, No. 250 (Adj. Sess.), § 38; 1991 No. 167 (Adj. Sess.), § 30; 1993, No. 108 (Adj. Sess.), §§ 24, 25, eff. Feb. 16, 1994; 1995, No. 188 (Adj. Sess.), §§ 1, 8, 9; 1999, No. 14, § 2; 2001, No. 132 (Adj. Sess.), § 7, eff. June 13, 2002; 2003, No. 34, § 8, eff. May 23, 2003.)