W. Va. Code R. § 15-9-2 - Complaint Procedures

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).

2.7. Upon completion of the investigation, the representative for the board shall present investigative information in a report to the complaint committee. The report shall contain a statement of allegations, a statement of facts, and an analysis of the complaint. The analysis shall consist of a description of the conduct of the licensee or registrant, the records reviewed, and a statement of findings and recommendations. If probable cause for further action is not identified, the representative may make a recommendation that a complaint be dismissed. All investigative information shall be provided to the committee for review. The committee may approve dismissal of the case or direct the representative for the board to proceed with further investigation if the committee believes further investigation is necessary.

2.8. Upon completion of the investigation and after the investigative information has been reviewed by the complaint committee and probable cause is established, the committee shall make a formal recommendation of discipline to the full Board for its consideration.

2.9. The full Board shall vote on the Complaint Committee's recommendation. The Board may accept the recommendations or amend the recommendations. The Board representative may draft a consent agreement reflecting the discipline voted upon by the full Board. The Board may vote to give the Board representative discretion in settling the case within certain discipline parameters voted upon by the Board.

2.10. If the licensee or registrant contests the allegations and refuses to enter into a consent agreement, the Board representative may present the Board with an amended discipline charge or recommend that the case be set for hearing. All hearings shall be in accordance with W. Va. Code § 29A-1-1 et seq. and the board's legislative rules. All complaint committee recommendations shall be presented to the board in an anonymous fashion so as not to identify the specific individual(s) or location(s) involved. The board members that are not on the complaint committee shall vote upon the recommendations.

2.11. Members of the complaint committee shall be disqualified from the formal hearing process if the case has been presented to the committee prior to the formal hearing and the Board is set to hear the case.

2.12. All powers of the board, the complaint committee, and its representatives may be exercised to investigate a matter, even if a hearing or disciplinary action does not result from the investigative findings.

Notes

W. Va. Code R. § 15-9-2