D.C. Mun. Regs. tit. 22, r. 22-C1000

Current through Register Vol. 71, No. 52, December 27, 2024

Rule 22-C1000 - COMPLAINTS AGAINST PATIENTS, CAREGIVERS, OR RECOMMENDING AUTHORIZED PRACTITIONERS

1000.1

The Board shall receive, at any time during the registration period, complaints from any person alleging a violation or misconduct by a patient, caregiver, or recommending authorized practitioner. Complaints shall be in writing and set forth enough information to allow ABCA's Enforcement Division 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 authorized practitioner who 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.

1000.2

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

1000.3

Nothing in this chapter shall preclude the Board from unilaterally initiating an investigation 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 Board may, in its discretion, request that the qualifying patient or caregiver complained of answer the complaint within ten (10) days of receipt of the complaint. The Board shall attach a copy of the complaint to the request or shall describe the acts alleged in the complaint. The qualifying patient or caregiver may respond either personally or through a legal representative.

1000.5

Complaints against recommending practitioners, whether those practitioners are authorized or unauthorized, shall be forwarded to the relevant licensing board for disposition when applicable. ABCA retains the authority to investigate and resolve complaints relating to practitioners whose recommendations may be in violation of this Chapter.

1000.6

If the Board receives a written response from a qualifying 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 Board.

1000.7

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. In such event, the Board shall dismiss the complaint.

1000.8

If the Board 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 Board may fine the registration holder pursuant to the Civil Infractions Act, or initiate an action to suspend or revoke the registration.

1000.9

All written complaints as set forth under §§1000.1 which identify the complainant by name and address, shall be acknowledged in writing by the Board within thirty (30) days of receipt of the complaint. At the conclusion of the matter, the Board shall advise the complainant of the action that the Board has taken on the matter.

1000.10

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

D.C. Mun. Regs. tit. 22, r. 22-C1000

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; amended by Final Rulemaking published at 65 DCR 3926 (4/13/2018); Amended by Final Rulemaking published at 71 DCR 2388 (3/8/2024)

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.)).