HSB 75

1. The bill provides that disciplinary hearings may be heard by an administrative law judge, in addition to various panels of the board provided under current law. The bill provides that if a licensee subject to a hearing does not make an election as to whether the hearing shall be open or closed to the public, the hearing shall be open. The bill authorizes the presiding officer of a hearing panel to issue subpoenas on behalf of the state. The bill strikes duplicative language relating to subpoenas issued on behalf of licensees. Current law prohibits a board from compelling an attorney of a licensee to disclose certain privileged information. The bill provides that this prohibition applies to all attorneys, not only an attorney of a licensee. The bill provides that disciplinary charges against a licensee shall be public records and may contain investigative information to inform the licensee and the public of the allegations. _____ which charges are based to the licensee upon request after disciplinary charges have been filed. The bill authorizes a board to adopt rules authorizing the release of investigative information to the licensee prior to disciplinary charges being filed to facilitate informal settlement of a complaint. In the absence of such rules, investigatory information shall be kept confidential, even from the licensee, until such time as the disciplinary charges have been filed. Current law requires a board to report to the proper law enforcement authority if investigative information in the possession of a licensing board or its employees or agents indicates a crime has been committed. The bill authorizes, but does not require, a board to make such a report. The bill authorizes certain specified boards to charge a fee not to exceed $75 for conducting a reinstatement hearing. The bill authorizes such boards to recover costs from licensees for court reporter fees and expenses and investigative costs. The bill provides that fees for disciplinary hearings that result in disciplinary action and for reinstatement hearings, as well as costs recovered from licensees, collected by such boards may be recovered from a licensee as part of an order following a hearing or through an informal settlement. The bill strikes language authorizing the board of hearing aid specialists and the board of nursing home administrators to recover the cost of medical examination fees from licensees.