Section 17-4101. COMPLAINTS

 

4101.1A board, on its own motion or on the receipt of a complaint submitted in accordance with §4101.2, shall request the Director to investigate a health professional if the facts alleged in the complaint, if proven, would constitute sufficient grounds for disciplinary action under § 514(a) of the Act, D.C. Official Code § 2-3305.14(a) (1987 Supp.), other provisions of the Act, or this subtitle.

 

4101.2A person who desires to file a complaint against a health professional shall do the following:

 

(a)Submit the complaint in writing;

 

(b)State the facts or circumstances that form the basis of the complaint;

 

(c)Sign the complaint and state the complainant's name and address; and

 

(d)Mail or deliver the complaint to the board.

 

4101.3Nothing in § 4101.2 shall preclude a board, on its own motion, from requesting the Director to investigate a health professional based on information obtained from an individual who does not file a complaint in accordance with that subsection.

 

4101.4Upon receiving a complaint, a board may, in its discretion, order that the health professional complained of answer the complaint within ten (10) days of receipt of the complaint. The board shall attach a copy of the complaint to an order to answer or shall describe the acts alleged in the complaint. The health professional shall respond to an order to answer either personally or through his or her attorney. An answer shall address the substantive allegations set forth in the complaint or order.

 

4101.5If a board receives a written response from a health professional requested pursuant to § 4101.4, it may, in its discretion, send a copy of the response to the complainant and request a written reply within a time period determined by the board.

 

4101.6Upon receipt of a health professional's answer or at any point during the course of the investigation or inquiry into the 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 incompetence or misconduct for which a health professional may be sanctioned by the board. In such event, the board shall dismiss the complaint.

 

4101.7For purposes of a hearing on the substance of the complaint in accordance with § 4102 should a hearing occur, a board may draw an adverse inference from a respondent's failure to respond to an order to answer the complaint and shall weigh that inference together with all other evidence in determining whether or not a matter has been proved.

 

4101.8If a health professional violates the board's order and fails to answer within the ten (10) day period or if the board determines that there is otherwise reason to believe that the acts alleged occurred and constitute a violation pursuant to D.C. Official Code § 3-1205.14, the board may take one (1) of the following actions:

 

(a)Refer the complaint to the Director for investigation;

 

(b)Set the matter for a hearing in accordance with § 4102 on the substance of the complaint or on the health professional's violation of the board's order to answer; or

 

(c)Request that the licensee or respondent attend a settlement conference in accordance with § 4108.

 

4101.9If a board dismisses a complaint, it shall give the complainant notice in writing, sent first class mail, of the dismissal of the complaint within ten (10) days of the action.

 

 

authority

Sections 302(13) and (14) of the District of Columbia Health Occupations Revision Act of 1985, effective March 25, 1986 (D.C. Law 6-99; D.C. Official Code § 2-3303.2(13) and (14) (1981 ed.)), and Mayor’s Order No. 86-110, dated July 19, 1986.

source

Final Rulemaking published at 34 DCR 5872 (September 11, 1987); as amended by Final Rulemaking published at 53 DCR 7386 (September 8, 2006); as corrected by an Errata Notice published at 59 DCR 29459 (March 30, 2012).