Section 22-C1000. COMPLAINTS AGAINST PATIENTS, CAREGIVERS OR RECOMMENDING PHYSICIANS

 

1000.1 The Department shall receive, at any time during the registration period,

complaints from any person alleging a violation or misconduct by a patient, caregiver, or recommending physician. Complaints shall be in writing and set forth enough information to allow the Department staff to investigate the matter, which shall include at a minimum:

 

(a)  The facts or circumstances that form the basis of the

complaint, including the date(s), time(s), and location(s) of

the incident(s);

 

(b)Clear identification of the patient, caregiver, or recommending physician that is the subject of the complaint;

 

(c) The name(s), and contact information (if known) of any witnesses to the incident;

 

(d) Any supporting documentation or photos; and

 

(e) The contact information for the complainant.

 

1000.2In addition to written complaints identifying the complainant, any person may make an anonymous complaint in writing to the Department or orally to any Department investigator. Anonymous complaints shall be investigated to the best of the Department's ability, but may result in no action being taken if the anonymous complainant fails to provide the Department or the investigator with adequate information.

 

1000.3 Nothing in this chapter shall preclude the Department from initiating an investigation sua sponte if it finds that there exists a reasonable basis to believe that there is a violation of the regulations or the Act.

 

1000.4 Upon receiving a complaint, the Department may, in its discretion, request that the patient or caregiver complained of answer the complaint within ten (10) days of receipt of the complaint. The Department shall attach a copy of the complaint to the request or shall describe the acts alleged in the complaint. The patient or caregiver may respond either personally or through a legal representative.

 

1000.5 Complaints against recommending physicians shall be forwarded to the District of Columbia Board of Medicine for disposition.

 

1000.6 If the Department receives a written response from a patient or caregiver, 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 Department.

 

1000.7 At any point during the course of the investigation or inquiry into the complaint, the Department may determine that there is not and will not be    sufficient evidence to warrant further proceedings. In such event, the    Department shall dismiss the complaint.

 

1000.8 If the Department determines, after the investigation, that there is otherwise reason to believe that the acts alleged occurred and constitute a violation of the regulations or the Act, The Department  may fine the registration holder pursuant to the Civil Infractions Act, or initiate an action to suspend or revoke the registration.

 

1000.9All written complaints as set forth under §1001.1, which identify the complainant by name and address, shall be acknowledged in writing by the Department within thirty (30) days of receipt of the complaint.  At the conclusion of the matter, the Department shall advise the complainant of the action that the Department has taken on the matter.

 

1000.10 The Department shall maintain records documenting complaints received and the action taken in response to the complaint.

 

authority

The Mayor, pursuant to section 14 of the Legalization of Marijuana for Medical Treatment Initiative of 1999 (Act), effective July 27, 2010 (D.C. Law 18-210; D.C. Official Code §§ 7-1671.01, et. seq. (2011 Supp.)).

source

Notice of Emergency and Third Proposed Rulemaking published at 58 DCR 3299 (April 15, 2011)[EXPIRED]; as amended by Notice of Emergency and Fourth Proposed Rulemaking published at 58 DCR 7207 (August 12, 2011)[EXPIRED]; as amended by Notice of Final Rulemaking published at 58 DCR 10128, 10152 (December 2, 2011).