Current through Register Vol. XLI, No. 50, December 13, 2024
Section 10-2-14 - Investigations14.1. Upon complaint or on its own initiative, the board or its representative may investigate conduct which is occurring or has occurred which violates West Virginia Code § 30-7A-1 et seq., or rules governing the practice of licensed practical nursing.14.2. For the purpose of conducting investigations: 14.2.a. The executive secretary or chairperson of the board may subpoena documents or witnesses;14.2.b. The board may depose witnesses, take sworn statements, and collect other evidence;14.2.c. The board may require a criminal history records check. The licensee under investigation shall furnish to the agency a full set of fingerprints for purposes of conducting a criminal history record check. Records are checked through the criminal identification bureau of the West Virginia State Police, a similar agency within the licensee's state of residence, and the United States Federal Bureau of Investigation.14.2.d. The board may institute proceedings in the courts of this state to enforce its subpoenas for the production of documents and witnesses and its orders and to restrain and enjoin violations of West Virginia Code § 30-7A-1 et seq., or rules governing the practice of licensed practical nursing;14.2.e. The board shall review medical records during the course of its investigation, and shall remove patient identifying information from records which are introduced as evidence at any disciplinary hearing;14.2.f. The board, or its representatives within the limits of authority granted by the board, may employ investigators, consultants and other employees as necessary to assist in an investigation;14.2.g. All powers of the board and its representatives may be exercised to investigate a matter, even if a hearing or disciplinary action does not result from the investigative findings; and14.2.h. Upon a finding of probable cause that a basis for disciplinary action exists, the board may require a licensed practical nurse to submit to a physical or mental examination by a practitioner approved by the board. Any individual who applies for or accepts the privilege of practicing as a licensed practical nurse in this state is considered to have given consent to submit to all these examinations when requested to do so in writing by the board and to have waived all objections to the admissibility of the testimony or examination report of any examining practitioner on the grounds that the testimony or report is privileged communication. If an applicant or licensee fails or refuses to submit to an examination under circumstances which the board finds are not beyond his or her control, this failure is prima facie evidence of his or her inability to practice as a licensed practical nurse competently and in accordance with accepted standards of practical nursing practice. A licensed practical nurse or person applying for licensure as a licensed practical nurse who is adversely affected by this provision may request a hearing before the board within thirty days of any action taken by the board.