New Board Members Handbook

3.1 Accountability and Liability of Board Members All members of boards and councils within the Department of Health, referred to generically in this document as “boards,” need to constantly remind themselves that their duty as board members is to serve and protect the public. Boards must interpret and apply the laws related to their professions in a manner consistent with the intent expressed by the Legislature. When a board acts on applications, it must grant licenses to persons who meet the statutory requirements; and conversely must deny licenses when the applicants do not meet the statutory requirements. When it acts in disciplinary matters, must first consider what action is necessary to protect the public and then consider what action, if any, will serve to rehabilitate the licensee. Each board member is accountable to the Governor for the proper performance of his or her duties as a member of a regulatory board. The Governor is authorized to investigate, and suspend from office any board member for malfeasance, misfeasance, neglect of duty, drunkenness, incompetence, permanent inability to perform his or her official duties, or commission of a felony. A board member, and a former board member who serves on a probable cause panel, is exempt from civil liability for any act or omission when acting in his or her official capacity. The department or the Attorney General’s Office is authorized to defend a board member or the board in any lawsuit arising from any such act or omission. A board member may be removed from the board for three consecutive unexcused absences or absences from 50 percent or more of the meetings of the board during a 12-month period. 3.2 Standards of Conduct Disclosure of Financial Interests: Every appointed member of each board or council is required to file a financial disclosure statement, unless the board or council only has advisory powers. The financial disclosure form must be filed within 30 days of appointment or prior to Senate confirmation, and by July 1 of each year. New Board Members Handbook 9 3. Legal Overview 3.1 Accountability and liability 3.2 Standards of conduct 3.3 The Sunshine Law and public records 3.4 The Administrative Procedure Act 3.5 Department of Health, Special provisions 3.6 Legal advisors 3.7 Assumption of the office 3.8 Social Media 3.9 Legal and Ethical Guide