Ala. Admin. Code r. 798-X-7-.04

Current through Register Vol. 43, No. 1, October 31, 2024

Section 798-X-7-.04 - Investigation

(1) Upon self-disclosure or receipt of a written complaint alleging that a respiratory therapist has violated a statute or rule by committing one or more of the actions specified as grounds for disciplinary action, the Executive Director shall perform a preliminary review to determine if there is merit and sufficient evidence to warrant formal proceedings as outlined in Chapter 798-X-7-.04(2).

(2) When the Executive Director determines there may be merit and sufficient evidence exists to warrant proceedings, an investigative committee shall be formed consisting of one Board member, one Board counsel, and the Executive Director.

(a) Within 30 days of self-disclosure or receipt of a written complaint, the Executive Director shall provide the respiratory therapist, against whom the complaint was made, written notification of the complaint, allegation(s), and investigation process by certified mail. The respiratory therapist may submit, to the Executive Director, a written response and any supporting documentation within 15 days of the receipt of the written notification.

(b) The committee shall review the complaint and other information submitted to determine if further investigation is warranted.

(i) If an investigation is warranted, an investigator shall be retained. The investigator shall work under the direction of the Executive Director to conduct further investigation

(ii) At the conclusion of the investigation, the investigator shall submit an investigation report to be reviewed by the Investigative Committee who has the authority to act on the report as described in Chapter 798-X-7-.05. The investigative committee shall send written notification to the complainant and the respiratory therapist, against whom the complaint was made, of any action it decides to take in response to the investigation report.

(c) If the committee determines that an investigation is not warranted, the Executive Director may close the investigative file, provided that the matter may be reinvestigated at any time if circumstances so warrant. The Executive Director shall notify the complainant and the respiratory therapist, against whom the complaint was made.

(3) When a preliminary review discloses that further investigation is not warranted, the Executive Director may close the investigative file provided that the matter may be reinvestigated at any time if circumstances so warrant.

Author: The Alabama State Board of Respiratory Therapy

Ala. Admin. Code r. 798-X-7-.04

New Rule: Filed May 16, 2005; refilled August 10, 2005; effective September 14, 2005.

Statutory Authority:Code of Ala. 1975, §§ 34-27B-1 thru 34-27B-17.