2005 Idaho Code - 54-2924 — INVESTIGATIONS AND DISCIPLINARY ACTIONS -- PROCEDURES

                                  TITLE  54
                    PROFESSIONS, VOCATIONS, AND BUSINESSES
                                  CHAPTER 29
                   SPEECH AND HEARING SERVICES PRACTICE ACT
    54-2924.  INVESTIGATIONS AND DISCIPLINARY ACTIONS -- PROCEDURES. (1) The
board is authorized to institute any investigation, hearing or other legal
proceeding necessary to effect compliance with this chapter.
    (2)  The board or its hearing officer, upon a finding that action is
necessary, shall have the power pursuant to this chapter to administer oaths,
take depositions of witnesses within or without the state in the manner
provided by the administrative rules adopted by the board, and 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
desire at any hearing and for that purpose the board may issue a subpoena for
any witness 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. The board may require a licensee to be examined to determine his or
her mental or physical competence when the board has probable cause to believe
the licensee is suffering from an impairment that might impede his or her
ability to practice competently. The board may accept a voluntary restriction
offered by a licensee on a licensee's scope of practice due to impairment of
the licensee's competence.
    (3)  When it is brought to the attention of the board by the written
statement of any person that a person licensed under this chapter has done any
act or thing in violation of any provision of this chapter, the board shall
make an investigation of such person and, if it is determined there is
probable cause to institute proceedings against such person, the board shall
commence a formal proceeding against the person in accordance with chapter 52,
title 67, Idaho Code, and with the administrative rules adopted by the board.
    (4)  The board may investigate any person to the extent necessary to
determine if the person is engaged in the unlawful practice of audiology or
speech-language pathology. If an investigation indicates that a person may be
practicing audiology or speech-language pathology unlawfully, the board shall
inform the person of the alleged violation. The board shall refer all
violations of this section made known to it to appropriate prosecuting
attorneys whether or not the person ceases the unlawful practice. The board
may render assistance to a prosecuting attorney in the prosecution of a case
pursuant to this section.
    (5)  The board may, in the name of the people of the state of Idaho, apply
for injunctive relief in any court of competent jurisdiction to enjoin any
person from committing any act in violation of this chapter. Such injunction
proceedings shall be in addition to, and not in lieu of, all penalties and
other remedies provided for in this chapter.