New Board Members Handbook

Board Counsel An Assistant Attorney General serves as legal counsel to the board. Counsel responds to requests from the Chair to clarify requirements in Florida laws and rules which may affect board decisions. Counsel prepares draft documents for board review, including proposed rules. Counsel informs board members of possible legal issues or implications of various courses of action being contemplated. Counsel prepares final orders and other documents to be filed and sent to respondents. Committees, Liaisons and Coordinators The Boards may have certain members who serve on Board committees or advise the Boards and/or Department on specific issues. 2.2 The Board n Is a governmental regulatory body responsible for protecting the health and safety of the public. Enforces the laws regarding professional practice. n Cannot independently change Florida Statutes. Only the Legislature can make changes to statute. n Adopts rules and policies that establish minimum regulatory standards for safe practice and clarify parts of the Practice Act. n Regulates the scope of the profession as defined in the Practice Act. n Takes disciplinary action against a license in response to violations of the Practice Act and associated rules. n Does not regulate conditions of employment. n Does not take any disciplinary action without an investigation of all facts involved. Licensees charged by the Department of Health are entitled to a hearing. Licensees may hire an attorney to represent them. n Is not a membership organization for professionals. Such organizations are responsible for protecting the profession n Does not make or change regulations in secret. It is a public process that includes public meetings and testimony by the public. n Since the Board serves as a “quasi judicial” entity on licensure issues, contact with the members may cause the members to be recused from administrative proceedings. Staff will direct inquiries, when appropriate, to the full board for review. 2.3 Decorum A board meeting is a quasi-judicial proceeding in which the board members hear and make decisions on cases relating to the profession of that board. These decisions result in legally binding orders drafted by the board’s counsel. The decorum of meetings is held to the same standard and the Chair or Board Counsel will include remarks at the meeting introduction for the audience to conduct themselves accordingly. The board represents the Department and serves their role to protect the people of Florida. Presentation by board members will set a precedent for the audience and public to follow. Members are asked to dress accordingly. New Board Members Handbook 7