Current through Register Vol. XLI, No. 50, December 13, 2024
Section 30-4-3 - Investigation3.1. Upon complaint or on its own initiative, the board or its employees may investigate conduct, which is occurring or has occurred that would violate W. Va. Code '30-34-1 et seq., or rules governing the practice of Respiratory Care License.3.2. For the purpose of an investigation by the board,3.2.1. The executive secretary may subpoena witnesses and documents an administer oaths;3.2.2. The board or its authorized agents may depose witnesses, take sworn statements and collect other evidence;3.2.3. The board may institute proceedings in the courts of the State of West Virginia to enforce its subpoenas for the production of witnesses and documents and its order to restrain and enjoin violation of W. Va. Code '30-34-1 et seq., or rules governing the practice of the Respiratory Care License;3.2.4. The board shall review pertinent medical records during the course of its investigation, and shall remove patient identifying information from records which are introduced at any disciplinary hearings;3.2.5. The board, or its executive secretary, within the limits of authority granted by the board, may employ investigators, consultants, and other personnel as may be considered necessary to assist in any investigation;3.2.6. All powers of the board and its employees or designees may be exercised to investigate a matter, even if a hearing or disciplinary action does not result from the investigative findings; and3.2.7. Upon finding of probable cause that the basis for disciplinary action exists, the Board may require a Respiratory Therapist Licensee, or a person applying for a license to practice as a Respiratory Therapist in the State of West Virginia, to submit to a physical or psychological examination by a practitioner, approved by the Board. Any individual who applies for or accepts the privilege of practicing as a Respiratory Therapist in the State of West Virginia is considered to have given consent to submit to all such examinations upon request 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 ground that the testimony or report is privileged communication. If an applicant or licensee fails, or refuses to submit to any examination under circumstances which the board finds is not beyond his or her control, the failure is prima facie evidence of his or her inability to practice as a licensed Respiratory Therapist completely, and in accordance with acceptable standard of professional practice. A licensed Respiratory Therapist or a person applying for a license as a Respiratory Therapist may request a hearing within thirty (30) days of any action taken by the Board.