West Virginia Code of State Rules › Agency 11 - Medicine › Title 11 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF MEDICINE › Series 11-01A - Licensing of Physicians and Podiatric Physicians and Disciplinary Procedures for Applicants, Licensees, Credential Holders › Section 11-1A-11 - Confidentiality of Complaint and Investigation Process

Current through Register Vol. XLI, No. 28, July 12, 2024
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.