(a) Board authority. The Board may commence legal action to enforce the provisions of the Medical Practice Act and may exercise full discretion and authority with respect to disciplinary actions.
(b) Administrative procedures. The existing administrative procedures act or similar statute, in whole or in part must either be applicable to or serve as the basis of the procedural provisions of the Medical Practice Act. The procedural provisions must provide for investigation of charges by the Board; notice of charges to the accused; an opportunity for a fair and impartial hearing for the accused before the Board; an opportunity for representation of the accused by counsel; the presentation of testimony, evidence and argument; subpoena power and attendance of witnesses; a record of proceedings; and judicial review by the courts in accordance with the standards established by the jurisdiction for such review. The Board shall have subpoena authority to conduct comprehensive reviews of a physician's patient and office records and administrative authority to access otherwise protected peer review records.
(c) Standard of proof. The Board may use preponderance of the evidence as the standard of proof in its role as trier of fact.
(d) Informal conference. Should there be an open meeting law, an exemption to it shall be authorized to permit the Board, at its discretion, to meet in informal conference with an accused licensee who seeks or agrees to such a conference. Disciplinary action taken against a licensee as a result of such an informal conference and agreed to in writing by the Board and the accused licensee shall be binding and a matter of public record. However, license revocation and suspension must be dealt with in open hearing. The holding of an informal conference does not preclude an open hearing if the Board determines such is necessary.
(e) Summary suspension. The Board may summarily suspend a license prior to a formal hearing when it believes such action is required due to imminent threat to public health and safety. The Board may summarily suspend a license by means of a vote conducted by telephone conference call or other electronic means if appropriate Board officials believe such prompt action is required. Proceedings for a formal hearing must be instituted simultaneously with the summary suspension. The hearing must be set within a reasonable time (e.g., 15 to 30 days) from the date of the summary suspension. No court shall be empowered to lift or otherwise interfere with such suspension while the Board proceeds in a timely fashion.
(f) Cease and desist orders and injunctions. The Board may issue a cease and desist order and/or obtain an injunction to restrain any person or any corporation or association and its officers and directors from violating the provisions of the Medical Practice Act. Violation of an injunction is punishable as contempt of court. No proof of actual damage to any person shall be required for issuance of a cease and desist order and/or an injunction, nor shall issuance of an injunction relieve those enjoined from criminal prosecution for violation of the Medical Practice Act.
(g) Board action reports. All the Board's final disciplinary actions and license denials, including related findings of fact and conclusions of law, shall be matters of public record. Such actions and denials shall be promptly reported, to the commissioner of Health and to the Board Action Data Bank of the Federation of State Medical Boards of the United States within 30 days of the action being taken, to any other data repository required by law and to the media. Voluntary surrender of and voluntary limitation(s) on the medical license of any person shall also be matters of public record and shall also be reported, to the Commissioner of Health and to the Federation of State Medical Boards of the United States and to any other data repository required by law.
(h) Tolling periods of license suspension or restriction. The Board shall provide, in cases of license suspension or restriction, that any time during which the disciplined physician practices in another jurisdiction without comparable restriction shall not be credited as part of the period of suspension or restriction.
(i) The Board may at its discretion, share investigative and adjudicatory files with other state and territorial medical boards.