Current through Register Vol. XLI, No. 50, December 13, 2024
Section 8-4-5 - Disposition of Complaints5.1. Any individual may make a complaint to the Board concerning a licensee or permittee.5.2. The Board may accept an anonymous complaint if the information provided is adequate to begin the investigation.5.3. The Board may accept a complaint in writing, by telephone or in person. The Board may provide a form for the purpose of submitting a written complaint, but shall accept the complaint if the information includes: 5.3.1. the alleged violation which prompted the complaint5.3.2. the name and address of the individual against whom the complaint is lodged.5.3.3. the date the incident occurred; and5.3.4. the name or names of witnesses to the incident.5.4. All complaints shall be referred to the Executive Director or Counsel for the Board.5.5. A complaint against a licensee or permittee shall allege that such person has been convicted of a felony or misdemeanor, if the misdemeanor conviction relates to the practice of Medical Imaging, or is, in his or her professional capacity, engaging in conduct, practices or acts constituting professional negligence or a willful departure from accepted standards of professional or ethical conduct in violation of W. Va. Code § 30-23-1 et seq. or the rules of the Board.5.6. Complainants are immune from liability for the allegations contained in their complaints filed with the Board unless the complaint is filed in bad faith or for a malicious purpose.5.7. The Board shall maintain a complaint log which records the receipt of each complaint, its nature and its disposition.5.8. The Board shall maintain a separate file on each complaint received, and each file shall have a number assigned to it.5.9. The Representative shall conduct an investigation to determine the validity of the allegation contained in the complaint. 5.10. The Representative shall determine if the complaint is outside the jurisdiction of the Board, with suggestions as to how the complainant might best obtain a resolution of his or her problem.5.11. The Board shall send a copy of the complaint, including any supporting documentation, by certified mail to the licensee or permittee or applicant in question for his or her written comment, and he or she shall submit a written response to the Board within thirty (30) days of the date of such correspondence, or waive the right to do so.5.12. Requests for comment on complaints sent to licensees, permittees or applicants shall be considered properly served when sent to their last known address. It is the responsibility of the licensee or permittee or applicants to keep the Board informed of his or her current address.5.13. Upon receipt of a licensee's, permittee's or applicant's comments in response to a complaint, the Board shall promptly send a copy of the same, including any supporting documentation, to the complainant.5.14. Upon receipt of a complaint the Representative shall, by the next scheduled Board meeting, review and investigate the same and provide the Board with a report. The report shall contain a statement of the allegations, a statement of facts, and an analysis of the complaint including a description of the care provided, the records reviewed and a statement of the Representative's findings and recommendations.5.15. The Representative shall, upon request, be afforded an opportunity to have an investigation interview with the licensee, permittee or applicant in question or other involved parties, a report of which shall be placed in the investigation file.5.16. To facilitate the disposition of a complaint, the Representative may request any person to attend an informal conference, or to appear at a regular meeting of the Board, at any time prior to the Board entering any order with respect to the complaint. The Representative shall give notice of the conference, which notice shall include a statement of issues to be informally discussed. Statements made at a conference may not be introduced at any subsequent hearing on the merits without the consent of all parties to the hearing. No prejudice shall attach for failure to attend a conference pursuant to a request.5.17. The Representative may issue subpoenas and subpoenas duces tecum to complete the Board's investigation and to determine the truth or validity of complaints. Any such request shall be accompanied by a brief statement specifying the necessity for the same. A subpoena issued hereunder may require any facility employing or licensing or practicing radiologic technology to allow inspection of the premises or other tangible things or records in the possession of or controlled by the following.5.18. At any point in the course of an investigation or inquiry into a complaint, the Board may determine that there is not and will not be sufficient evidence to warrant further proceedings, or that the complaint fails to allege misconduct for which a licensee or permittee may be sanctioned by the Board: Provided, that in the event the review and investigation of a complaint is initiated by the Representative, respective findings and recommendations shall be made to the Board prior to the Board dismissing the complaint.5.19. Upon completion of the investigation and approval of the Board, the Representative may negotiate terms of a consent agreement if probable cause for disciplinary action is established.5.20. The Board shall review the terms of the consent agreement and all investigative information. The Board may approve the consent agreement, request revisions to the consent agreement, or reject the consent agreement.5.21. If the Board rejects the consent agreement, the Representative shall schedule a hearing on the complaint.5.22. If the licensee or permittee contests the allegations and an agreement can not be reached, the Representative shall schedule a hearing on the complaint. All hearings shall be in accordance with the W. Va. Code § 29A-5-1 et seq. of the Administrative Procedures Act.5.23. A hearing shall be held before a hearing examiner or before members of the Board, pursuant to 18CSR3.