W. Va. Code R. § 11-1A-11

Current through Register Vol. XLI, No. 25, June 21, 2024

Section 11-1A-11 - Confidentiality of Complaint and Investigation Process

11.1. When the Board receives a report submitted pursuant to the provisions of West Virginia Code § 30-3-14, or when the Board receives or initiates a complaint regarding the conduct of anyone practicing medicine and surgery, podiatric medicine and surgery or practicing as a physician assistant pursuant to a license or other credential issued by the Board, the Board shall create a complaint file in which the Board shall maintain all documents relating to the investigation and action upon the alleged conduct.

11.2. When the Board receives a complaint or initiates a complaint regarding a licensee's or credential holder's professional conduct, the Board shall provide the licensee or credential holder with a copy of the complaint as soon as practical. If providing a copy of the complaint identifies an anonymous complainant or compromises the integrity of an investigation, the Board shall provide the licensee or credential holder with a summary of all substantial elements of the complaint. Otherwise, during the pendency of an investigation, complaints regarding a licensee's or credential holder's professional conduct are confidential.

11.3. All records, papers, investigative files, investigative reports, other investigative information and other documents containing information in the possession of or received or gathered by the Board, or its members or employees or consultants as a result of investigations, inquiries, assessments, or interviews conducted in connection with a licensing, credentialing, complaint, assessment, potential impairment matter, or disciplinary matter, are privileged and/or otherwise confidential. If the Board finds probable cause to institute disciplinary charges against a licensee or credential holder, he or she shall be entitled to receive disclosures of information contained within the complaint file as set forth in West Virginia Code § 30-3-14(i).

11.4. If investigative information in the possession of the Board, its employees, or agents indicates that a crime may have been committed, the Board shall report the information to the appropriate law enforcement agency or state or federal prosecuting attorney.

11.5. The Board shall cooperate with and assist any state or federal law enforcement agency, any state or federal regulatory agency and/or any state or federal prosecuting attorney conducting an investigation or a prosecution of a licensee or credential holder by providing the entity information that is relevant to an investigation or prosecution. Information disclosed by the Board to any entity pursuant to this subsection remains confidential and may not be disclosed by the recipient agency, except as necessary to further the investigation. Information received by the Board from state or federal law enforcement agencies, state or federal regulatory agencies or state or federal prosecuting attorneys shall remain confidential and may not be disclosed by the Board except as necessary to further the Board's investigation or when disclosure to the responding licensee is required by West Virginia Code § 30-3-14(i).

11.6. The disposition of a complaint is public information.

W. Va. Code R. § 11-1A-11