21 NCAC 32N .0107         INVESTIGATIONS AND COMPLAINTS

(a)  At the time of first oral or written communication from the Board or staff or agent of the Board to a licensee regarding a complaint or investigation, the Board shall provide the notices set forth in G.S. 90-14(i), except as provided in Paragraph (e) of this Rule.

(b)  A licensee shall submit a written response to a complaint received by the Board within 45 days from the date of a written request by Board staff.  The Board shall grant up to an additional 30 days for the response where the licensee demonstrates good cause for the extension of time. The response shall contain accurate and complete information.  Where a licensee fails to respond in the time and manner provided herein, the Board may treat that as a failure to respond to a Board inquiry in a reasonable time and manner as required by G.S. 90-14(a)(14).

(c)  The licensee's written response to a complaint submitted to the Board in accordance with Paragraph (b) of this Rule shall be provided to the complainant upon written request as permitted in G.S. 90-16(e1), except that the response shall not be provided where the Board determines that the complainant has misused the Board's complaint process or that the release of the response would be harmful to the physical or mental health of the complainant who was a patient of the responding licensee.

(d)  A licensee shall submit to an interview within 30 days from the date of an oral or written request from Board staff.  The Board may grant up to an additional 15 days for the interview where the licensee demonstrates good cause for the extension of time.  The responses to the questions and requests for information, including documents, during the interview shall be complete and accurate.  Where respondent fails to respond in the time and manner provided herein, the Board may treat that as a failure to respond to a Board inquiry in a reasonable time and manner as required by G.S. 90-14(a)(14).

(e)  The licensee who is the subject of a Board inquiry may retain and consult with legal counsel of his or her choosing in responding to the inquiries as set out in G.S. 90-14(i).

History Note:        Authority G.S. 90-5.1(a)(3); 90-14(a)(14); 90-14(i); 90-16(e1);

Eff. February 1, 2012;

Pursuant to G.S. 150B-21.3A rule is necessary without substantive public interest Eff. March 1, 2016.