(3) Statutory Provisions for Board Staff and Investigators

As noted in Table 3, up to 69 percent of the boards in one field indicated that the statutes authorized the employment of staff on an "as needed" basis. Pharmacy boards possess explicit statutory authority to employ investigators in 45 percent of the States, while only 20 percent of the States give such authority to medicine boards. The lack of such statutory authority limits regulation and enforcement. This factor should be considered in assessing State control of drug diversion and leakage at the retail level.

(4) Statutory Authorization to Promulgate Rules and Regulations

Table 4 indicates that over 44 percent of all professional boards have statutory authority to promulgate rules and regulations concerning licensing. This authority includes the power to develop: • Renewal procedures

• Revocation or suspension of license criteria Examination procedures

Other relevant rules and regulations.

On the other hand, as many as 55 percent of the State statutes in one field do not directly specify these powers.

(5) Renewal Procedures

Table 5 indicates that only 6 percent of the States mandate continuing education for license renewal. In most cases, the requirements for renewal were simply possession of a current license

and good standing during the previous year. Although every board had a renewal fee, few were specified by statute.

(6) Board Authorization to Set Qualifications Regarding Licensure

An average of 23 percent of the licensing boards studied had the power to set qualifications licensure as seen in Table 6. These requirements are always in addition for those specified by statute.

(7) Provisions for Exemption from Licensing Requirements

Health professional boards allow many exemptions from State licensing requirements. The majority of these exemptions are granted to physicians, dentists, and veterinarians in the military or working in a state or Federal agency or institution, as noted in Table 7.

A health professional who is exempt from licensing requirements is substantially free from any other influence from the board.

(8) Qualifications of Licensees

Variations exist among the five health professions with respect to the educational backgrounds required for entry.

As shown in Table 8, statutes in 51 percent of the States require veterinarians to pass a professional licensing examination as against the same statutory requirement for nurses in 71 percent of the States.

An average of 64 percent of the states require a professional degree obtained from a school approved by the State licensing board and/or professional association.

Qualifications of licensees were specified in the statutes of every State without exception.

(9) Endorsement Agreement Regarding Licensure

Table 9 indicates that a moderate percentage of the State boards in all professions extend licensure by endorsement, depending primarily on the following:

• Inclination of States to adopt such agreements Similarity of license requirements between two States.

In most cases, licensing by another State is not sufficient under present endorsement procedures

for gaining licensure in a new State. There is usually also a minimum experience requirement.

(10) Conduct of Hearings

Table 10 shows that over 65 percent of the professional boards in all States hold their own disciplinary hearings. It is often unclear from statutory provisions what procedures are followed in these hearings. In a number of States, the procedures are dictated by the administrative procedures act of the State. The judicial system becomes involved principally at the appellate stage of the disciplinary process.

(11) Subpena Power

An average of 40 percent of all States have statutory provisions granting subpena powers to the boards, as noted in Table 11.

The right of all parties involved to compel appearance of witnesses and submission of evidence is essential to the fairness of administrative or legal hearings.

In those jurisdictions authorizing prosecution for licensing violations by a district attorney or State's attorney general, subpena powers are granted implicity to licensing boards and explicitly to the prosecutor by court rules; however, as noted previously in Table 10, such jurisdictions are few.