Section 184-6-004 - SCREENING OF COMPLAINTS004.01RECEIPT OF COMPLAINTS. No particular form is required. Complaints may be reported to any member of the Board of Health or the Department of Health and Human Services. 004.01(A)PETITIONS FOR DISCIPLINE. A filing of a petition for disciplinary action based on Neb. Rev. Stat. §§ 38-178 or 38-179 or certification by an appointed board that a member is not qualified to practice a profession for reasons set out in Neb. Rev. Stat. § 38-1,110 constitutes the filing of a complaint.004.01(B)INITIATION BY REVIEW PANEL. The review panel may initiate a complaint based upon public information.004.01(C)REQUESTS FOR REMOVAL AND QUESTIONS ABOUT FITNESS. Requests that board members be removed or information questioning members' fitness to serve constitute the filing of a complaint.004.02EXAMINATION OF COMPLAINTS. The review panel will review and examine complaints no later than the next regularly scheduled Board of Health meeting.004.03REFERRAL OF COMPLAINTS.004.03(A)COMPLAINTS ABOUT ACTIONS AS HEALTH CARE PROFESSIONALS. Complaints involving allegations for which credentials may be disciplined will be referred for investigation as provided by statute. The review panel will suspend action on these referrals pending the receipt of notice from the Director of the Division of Public Health, or the Attorney General of their determination of a course of action concerning the complaint. Such notice will be provided to complainants.004.03(B)COMPLAINTS PERTAINING TO CAPACITY TO SERVE. Complaints pertaining to capacity to serve on an appointed board will be referred for investigation.004.04EVALUATION OF INVESTIGATIONS. The review panel may determine if investigation is required beyond that provided for in section 004.03 and will provide such investigation. In determining whether to conduct such an investigation the review panel may consider:(A) Whether circumstances indicate that a complaint is made in good faith and is not malicious, frivolous, or vexatious;(B) Whether the complaint is timely or has been delayed too long to justify present evaluation of its merit; and(C) Whether complainants may be necessary witnesses if action is taken and are unwilling to identify themselves and come forward to testify.004.05REVIEW PANEL DETERMINATION.004.05(A)FINDING BASIS FOR REMOVAL. If a majority of the review panel determines, after review and investigation of all complaints, that there is reasonable cause to believe that members or their actions are encompassed within section 003, the review panel will prepare a petition for removal and forward it to the hearing panel in accordance with section 005. The petition will set out in detail the factual basis for the allegations and allege the basis for removal under section 003.004.05(B)FINDING NO BASIS FOR REMOVAL. If, after review and investigation of all complaints, a majority of the review panel determines that members or their actions are not encompassed within section 003, or are not substantiated, the complaints against the member will be dismissed for purposes of removal from an appointed board, and the review panel will so notify the member and any complainant. Dismissed complaints and all related investigation material will be forwarded to the hearing panel at the next scheduled meeting for informational purposes only.184 Neb. Admin. Code, ch. 6, § 004
Amended effective 9/17/2024