§ 131 - Accessibility and confidentiality of disciplinary matters
§ 131. Accessibility and confidentiality of disciplinary matters
(a) It is the purpose of this section both to protect the reputation of licensees from public disclosure of unwarranted complaints against them, and to fulfill the public's right to know of any action taken against a licensee when that action is based on a determination of unprofessional conduct.
(b) All meetings and hearings of boards shall be open to the public, except in accord with section 313 of Title 1.
(c) The secretary of state, through the office of professional regulation, shall prepare and maintain a register of all complaints, which shall be a public record and which shall show:
(1) with respect to all complaints, the following information:
(A) the date and the nature of the complaint, but not including the identity of the licensee; and
(B) a summary of the completed investigation; and
(2) only with respect to complaints resulting in filing of disciplinary charges or stipulations or the taking of disciplinary action, the following additional information:
(A) the name and business addresses of the licensee and complainant;
(B) formal charges, provided that they have been served or a reasonable effort to serve them has been made;
(C) the findings, conclusions and order of the board;
(D) the transcript of the hearing, if one has been made, and exhibits admitted at the hearing;
(E) stipulations filed with the board; and
(F) final disposition of the matter by the appellate officer or the courts.
(d) Neither the secretary nor the office shall make public any information regarding disciplinary complaints, proceedings or records except the information required to be released under this section.
(e) A licensee or applicant shall have the right to inspect and copy all information in the possession of the office pertaining to the licensee or applicant, except investigatory files which have not resulted in charges of unprofessional conduct and attorney work product.
(f) For the purposes of this section, "disciplinary action" means action that suspends, revokes, limits or conditions a license in any way, and includes warnings and reprimands.
(g) Nothing in this section shall prohibit the disclosure of information regarding disciplinary complaints to state or federal law enforcement agencies, the department of disabilities, aging, and independent living, or the department of banking, insurance, securities, and health care administration in the course of their investigations, provided the agency or department agrees to maintain the confidentiality and privileged status of the information as provided in subsection (d) of this section. (Added 1989, No. 250 (Adj. Sess.), § 1; amended 1997, No. 40, § 8; 1999, No. 52, § 3; 2001, No. 151 (Adj. Sess.), § 3, eff. June 27, 2002; 2003, No. 60, § 3; 2005, No. 174 (Adj. Sess.), § 1.)