TITLE 5
Businesses and Professions

CHAPTER 5-31.1
Dentists and Dental Hygienists

SECTION 5-31.1-4


§ 5-31.1-4 Powers and duties of the board of examiners in dentistry.

The board of examiners in dentistry has the following duties and powers:

(1) To adopt, amend, and rescind any rules and regulations, with the approval of the director of the department of health, that it deems necessary to carry out the provisions of this chapter;

(2) To investigate all complaints and charges of unprofessional conduct against any licensed dentist, dental hygienist, DAANCE-certified maxillofacial surgery assistant, or limited registrant and to hold hearings to determine whether those charges are substantiated or unsubstantiated;

(3) To direct the director of the department of health to license qualified applicants for licensure;

(4) To appoint one or more dentists or dental hygienists or certified dental assistant to act for the members of the board in investigating the conduct or competence of any licensed dentist, dental hygienist, DAANCE-certified maxillofacial surgery assistant, or limited registrant;

(5) To direct the director to revoke, suspend, or impose other disciplinary action as to persons licensed or registered under this chapter;

(6)(i) To issue subpoenas and administer oaths in connection with any investigations, hearing, or disciplinary proceedings held under the authority of this chapter;

(ii) All subpoenas issued pursuant to this section shall only be issued by a vote of either the investigative committee or the full board of examiners in dentistry:

(A) All subpoenas issued by the board, or the investigative committee shall be served by a disinterested party or by a constable authorized by the courts to serve process;

(B) Subpoenas issued by either the investigative committee or the full board of examiners in dentistry shall have a reasonable return date that will allow the recipient an opportunity to review the subpoena, consult with counsel, and prepare a response to the subpoena; and

(C) All subpoenas shall be in compliance with the Rhode Island healthcare confidentiality act.

(D) In the absence of a properly executed patient consent, subpoena requests shall only be made by request of the board to a court of competent jurisdiction that may issue a court order compelling production of confidentiality healthcare information of a patient.

(7) To take or cause depositions to be taken as needed in any investigation, hearing, or proceeding;

(8) To summon and examine witnesses during any investigation, hearing, or proceeding conducted by the board; and

(9) To adopt and publish, with the prior approval of the director, rules of procedure and other regulations in accordance with the Administrative Procedure Act, chapter 35 of title 42.

History of Section.
(P.L. 1987, ch. 358, § 2; P.L. 1992, ch. 483, § 1; P.L. 2014, ch. 95, § 1; P.L. 2014, ch. 163, § 1.)