New Board Members Handbook

Rights of Complainants: During the pendency of the disciplinary proceedings, the department must periodically inform the person who filed the complaint the status of the complaint in the disciplinary process and whether probable cause was found. If probable cause has been found, the complainant receives a copy of the administrative complaint, an explanation of the administrative process, and of how and when the complainant may participate in the disciplinary process. Notices of Noncompliance; Citations: For an initial offense of a minor violation, the department may issue a notice of noncompliance and give the licensee 15 days to correct the violation. If the licensee does so, the matter is over and the records are not public. Another option is a citation. This is similar to a traffic ticket. For specified violations that do not pose a substantial threat to the public health, safety, or welfare, the board establishes set penalties, such as a fine in a specific amount. 3.6 Legal Advisors Attorneys from the department serve as prosecutors in disciplinary cases. However, attorneys from the Department of Legal Affairs (called Assistant Attorneys General), or the department’s Office of the General Counsel, serve as legal advisors to each board and council within the department. The primary responsibility of the board attorneys is to represent the interests of the citizens of the state 3.7 Assumption of the Office The process of appointment to membership on a licensing board begins when the Governor notifies an individual that he or she has been selected for the appointment. For those appointed by the State Surgeon General, the appointment to membership on a council begins when the State Surgeon General notifies an individual that he or she has been selected for the appointment. 3.8 Social Media Social media platforms are readily available to anyone with Internet access via computer or smart phone, and their use as a means of information gathering and communication has fast become ingrained in our culture. With a single “tweet” or “status update” or “mobile upload,” a social networker can distribute information to thousands, if not millions, of users on a global scale with a simple stroke of the keyboard or text pad. The line between work-related and personal communication has blurred as we utilize social media and related electronic communications for networking and communicating. There are a variety of reasons why board members should care about electronic communications, ranging from concerns about discrimination, to loss of confidential information, to the appearance of solicitation. It is important to remember that as a board member, you are a public official, who is charged with conducting important regulatory functions. One key issue in a board member using social media involves impropriety or the appearance of impropriety related to the quasi-judicial actions of the board. Examples include a board member who texts or uses social media during a board meeting, and a board member who posts or elicits posts about matters that could come before the board for action. The board has an interest in ensuring that board members do not electronically communicate confidential information to third parties. The board should also be concerned about the impact of board member communications on the board’s culture by using electronic media to voice their gripes about board decisions or applicants/respondents conduct, which is something that can undermine the board’s authority. Simply put, social media is not the appropriate vehicle for complaints. We encourage board members to appropriately express their concerns during board meeting discussion, directly to board counsel, or to the board’s Executive Director, thus allowing address of that concern expeditiously and effectively. 3.9 Legal and Ethical Guide https://flhealthsource.gov/pdf/NC-dental-antitrust-2021.pdf 12 New Board Members Handbook