DPH counsel briefs board on duties, public-meeting rules and hearing procedures

Department of Public Health deputy legal director Burns provided a comprehensive orientation to the board on its legal duties, public-meeting obligations, parliamentary procedure and the hearing process.

Burns listed four core duties for board members: to hear and decide suspension or revocation matters, adjudicate practitioner complaints, impose sanctions where appropriate, and advise DPH on regulation. He advised members to consult the board-specific statutes (title 20, chapter 385) and said the Department of Public Health Rules of Practice and the Uniform Administrative Procedure Act govern board actions.

On public meetings, Burns explained notice and quorum requirements, the three meeting types (regular, special and emergency), the 24-hour agenda-notice rule for regular meetings, and that minutes must be filed within seven calendar days. He reviewed executive-session rules, including the two-thirds vote requirement and the need to state reasons for entering executive session.

Burns also walked the board through the complaint workflow: PLIS (Professional Licensure and Investigation Section) investigates complaints and writes reports; PILCO (attorneys) can prosecute; and PHHO (Public Health Hearing Office) notices hearings and drafts decisions (PMOD/MOD). He explained summary suspension as an emergency tool for immediate public-health danger and emphasized the respondent’s right to a prompt hearing after such action.

During question-and-answer the deputy legal director restated key points about summary suspension and advised on member liability: generally, the attorney general’s office represents board members who act within their authority and certain immunities and indemnifications apply. Burns encouraged members to reach out with questions and to route communications through the board liaison to avoid unnoticed meetings.