Md. Code Regs. 10.44.07.09

Current through Register Vol. 51, No. 12, June 14, 2024

Section 10.44.07.09 - Investigation of Complaints

A. The Board's DRC shall:

(1) Review complaints; and

(2) Make a recommendation to the Board as to the disposition of the complaint.

B. Participation in the Disciplinary Review Committee is not a basis for recusal of a Board member, Board counsel, or the administrative prosecutor from further proceedings in a complaint.

C. If the Board votes to refer a matter to an investigator, to the extent practicable, the complaint shall be assigned to an investigator within 3 business days of the Board's vote.

D. An investigator shall provide periodic reports to the complainant or the complainant's representative within the bounds of the Maryland Public Information Act or other applicable laws.

E. To the extent practicable, an investigator shall strive to complete an initial investigative report within 180 days after a complaint is assigned.

F. Factors that affect the length of time to complete an initial investigative report include but are not limited to:

(1) The number of alleged violations included in the complaint;

(2) The severity of the allegations in the complaint;

(3) The number of additional violations that arise as a result of the investigation of the complaint;

(4) The complexity of the legal issues encountered during the investigation;

(5) The cooperation or lack thereof of the respondent, counsel, and witnesses;

(6) The availability of the investigator;

(7) Other investigative priorities;

(8) The necessity and availability of additional required documents or findings from other agencies or authorities including but not limited to:

(a) Other governmental agencies or other regulatory agencies;

(b) Hospitals;

(c) The courts; and

(d) Law enforcement agencies.

G. An initial investigative report shall be presented to the Board within 90 days of its completion.

H. The failure to meet the goal of completing an initial investigative report within 180 days or the presentation to the Board of an initial investigative report within 90 days of its completion may not:

(1) Be raised as a defense by a respondent; and

(2) Be admissible by the respondent in any civil or administrative proceeding.

I. An initial investigative report may also be a final investigative report.

J. The Board shall advise the complainant or the complainant's representative of the final disposition of a complaint within the bounds of the Maryland Public Information Act or other applicable laws.

K. To the extent practicable, the Board shall mail copies of final orders to the respondent or to the respondent's counsel within 15 days.

L. If a complaint results in a final order against a respondent that is a public document under State Government Article, Title 10, Subtitle 6, Annotated Code of Maryland, the Board shall mail a copy of the final order to the complainant or the complainant's representative within 15 days.

M. At the conclusion of a case the Board shall make reasonable efforts to return original medical records in its possession to the appropriate health care provider within 45 days.

Md. Code Regs. 10.44.07.09

Regulations .09 adopted as an emergency provision effective September 29, 1980 (7:21 Md. R. 1989); emergency status expired February 14, 1981; adopted permanently effective March 6, 1981 (8:5 Md. R. 475)
Regulations .09 adopted effective March 1, 2004 (31:4 Md. R. 317)