43-13-21.1. Disciplinary powers of the board

43-13-21.1. Disciplinary powers of the board 1. The board may conduct investigations for the purpose of determining whether violations of this chapter or grounds for disciplining licensees exist. The board may establish an investigative panel to conduct an investigation under this section and may subpoena records. 2. A complaint, response, and any record received by the board during the course of the board's investigation into a complaint are exempt records, as defined in section 44-04-17.1, until the board concludes whether to pursue disciplinary action. 3. In addition to any other disciplinary actions available to the board, the board may take one or more of the following actions against an optometrist who violates the provisions of this chapter or the board's rules: a. Letters of concern. b. Letters of censure. c. Reprimands. d. Fines, including costs and attorney's fees. e. Stipulations, limitations, and conditions relating to practice such as additional education and counseling. f. Probation. g. Suspension of the license. h. Revocation of the license. 4. The board may require a licensee to be examined on optometric knowledge and skills, if the board has just cause to believe the licensee may be so deficient in knowledge and skills as to jeopardize the health, welfare, and safety of the citizens of this state. 5. The board may require a physical or mental evaluation as provided in section 43-13-26.1 if it has reason to believe the licensee's physical or mental condition may adversely affect the public welfare. 6. Disciplinary action must occur through an administrative hearing conducted in accordance with chapter 28-32.