2005 Idaho Code - 54-1806 — POWERS AND DUTIES

                                  TITLE  54
                    PROFESSIONS, VOCATIONS, AND BUSINESSES
                                  CHAPTER 18
                           PHYSICIANS AND SURGEONS
    54-1806.  POWERS AND DUTIES. The board shall have the authority to:
    (1)  Hire or appoint employees, including an executive director,
investigators, attorneys, consultants and independent hearing examiners.
    (2)  Establish pursuant to the administrative procedure act rules for
administration of this chapter, including rules governing all activities of
persons employed as physician's assistants by persons licensed to practice
medicine in this state. The board shall adopt rules pursuant to the
administrative procedure act establishing procedures for the receipt of
complaints and for the investigation and disposition thereof. Such rules shall
provide for notice to a person when the board has authorized the committee to
investigate that person and shall provide an opportunity for a person under
investigation to meet with the committee or its staff before the initiation of
formal disciplinary proceedings by the board.
    (3)  Conduct investigations and examinations and hold hearings as
authorized by this section and by section 54-1806A, Idaho Code.
    (4)  The board shall have the power in any disciplinary proceeding
pursuant to this chapter to administer oaths, take depositions of witnesses
within or without the state in the manner consistent with rules adopted by the
board pursuant to the administrative procedure act, and upon a determination
that there is good cause the board shall have power throughout the state of
Idaho to require the attendance of such witnesses and the production of such
books, records, and papers as it may deem appropriate at any hearing. For that
purpose the board may issue a subpoena for any witnesses or a subpoena duces
tecum to compel the production of any books, records or papers, directed to
the sheriff of any county of the state of Idaho, where such witness resides,
or may be found, which shall be served and returned in the same manner as a
subpoena in a criminal case is served and returned. The fees and mileage of
the witnesses shall be the same as that allowed in the district courts in
criminal cases, which fees and mileage shall be paid from any funds in the
state treasury in the same manner as other expenses of the board are paid. In
any case of disobedience to, or neglect of, any subpoena or subpoena duces
tecum served upon any person, or the refusal of any witness to testify to any
matter regarding which he may lawfully be interrogated, it shall be the duty
of the district court of any county in this state in which such disobedience,
neglect or refusal occurs, or any judge thereof, on application by the board
to compel compliance with the subpoena by proceedings for contempt as in the
case of disobedience of the requirements of a subpoena issued from such court
or for refusal to testify therein. The licensed person accused in such
proceedings shall have the same right of subpoena upon making application to
the board therefor.
    (5)  Seek injunctive relief prohibiting the unlawful practice of medicine.
    (6)  Make and enter into contracts.
    (7)  Operate, manage, superintend and control the licensure of physicians.
    (8)  Develop and submit a proposed budget setting forth the amount
necessary to perform its functions.
    (9)  Perform such other duties as set forth in the laws of this state.
    (10) Provide such other services and perform such other functions as are
necessary to fulfill its responsibilities.
    (11) Provide for reasonable fees through rules for administrative costs
and assess costs reasonably and necessarily incurred in the enforcement of
this chapter when a licensee has been found to be in violation of this
chapter.
    (12) Prepare an annual report.