West Virginia Code of State Rules › Agency 15 - Pharmacy › Title 15 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF PHARMACY › Series 15-09 - Disciplinary Procedures › Section 15-9-2 - Complaint Procedures

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Any
				individual may make a complaint to the board concerning a licensee or
				registrant. The Board may also file a complaint against a licensee or
				registrant.
2.2. The board may
				accept an anonymous complaint if the information provided is adequate to begin
				an investigation.
2.3. The board
				may accept a complaint in writing, online via the Board's website, or in
				person. The board may provide a form for the purpose of submitting a written
				complaint or online complaint.
2.4.
				All complaints shall be referred to the Executive Director, Investigator,
				inspector, or counsel for the Board, who shall act as a representative for the
				board. A complaint committee shall be established to review such matters. This
				committee shall consist of two (2) board members, including at least one
				pharmacist.
2.5. The board shall
				maintain a complaint log which records the receipt of each complaint, and the
				nature and the disposition of the complaint. The board shall also maintain a
				separate file on each complaint received, and each file shall have a number
				assigned to it.
2.6. Upon receipt
				of a complaint or on its own initiative, the representative for the board shall
				initiate an investigation into the conduct which is occurring or has occurred
				which violates W. Va. Code §
									30-5-1 et
				seq. or rules governing the practice of pharmacy. The complaint committee may
				employ the services of consultants or other employees necessary to assist the
				representative for the board in an investigation and prosecution of a case.
2.6.1. The representative for the board may
				issue subpoenas to gather necessary facts and evidence to determine validity of
				the allegations contained in the complaint. The representative shall have the
				authority to institute proceedings in the courts of this state to enforce its
				subpoenas for the production of documents and witnesses and its orders and to
				restrain and enjoin violations of W. Va. Code §
										30-5-1 et
				seq., or rules governing the practice of pharmacy.
2.6.2. The representative for the board may
				depose witnesses, take sworn statements, and collect other evidence.
2.6.3. The representative for the board may
				require a criminal history records check. The licensee or registrant under
				investigation shall furnish to the board a full set of fingerprints for
				purposes of conducting a criminal history check. Records will be checked
				through the criminal identification bureau of the West Virginia State Police, a
				similar agency within the licensee's or registrant's state of residence, and
				the United States Federal Bureau of Investigation.
2.64. The representative for the board shall
				evaluate the complaint, any licensee response and other investigative
				information to determine if a violation of law has occurred and to determine
				the need for additional investigation. The representative shall have the
				authority to enter any pharmacy to review documents related to the complaint
				and to interview any individual during the course of an investigation.
				Subpoenas duces tecum to compel the production of documents may be issued by
				the representative for the board. The subpoenas shall be issued pursuant to W.
				Va. Code §
										29A-5-1(b).