SECTION 545:30-1-2. Investigation and hearings

(a)   Any person may submit to the Board a complaint against a podiatric physician. In the event a complaint is initiated by a member of the Board and the nature of the complaint so involves that member of the Board to the extent that such member of the Board cannot render an impartial decision in the matter, that member of the Board shall recuse himself from any further action related to said complaint.

(b)   The Board shall make available a form which may be used for the filing of complaints.

(c)   Each complaint received by the Board shall be referred to the prosecutor of the Board and promptly investigated. No member of the Board shall review any complaint or discuss any complaint with the Board's prosecutor or any other person, including the complainant and the podiatric physician named in the complaint, except that the Board may review the written report of the Board's prosecutor as provided in (e), (f) and (g) of this Section.

(d)   Upon receipt of the complaint, the Board's prosecutor shall provide the podiatric physician named in the complaint with a copy of the complaint and shall require said podiatric physician to provide a written response to the complaint within twenty (20) days of mailing of a copy of the complaint to said podiatric physician. The failure of a podiatric physician to respond to such a request of the Board's prosecutor shall be grounds for disciplinary action by the Board.

(e)   It shall be the duty of the Board's prosecutor to investigate the complaint fully and in a manner consistent with due process requirements and the Administrative Procedures Act. At the conclusion of the investigation, the Board's prosecutor shall submit a written report to the Board detailing the findings and determination of the Board's prosecutor. In addition, the Board's prosecutor shall make a recommendation in its written report as to further action by the Board.

(f)   The written report of the Board's prosecutor shall be drafted so as to keep anonymous the name of the complainant and the podiatric physician named in the complaint. The report shall include a brief recitation of the facts of the complaint and a statement whether the Board's prosecutor found competent evidence to support the allegations contained in the complaint.

(g)   The Board shall review the report of the Board's prosecutor at a meeting of the Board, for which the Executive Secretary shall give proper notice to the complainant, the podiatric physician named in the complaint, and any other interested party. Provided, however, that the Board's review of the report shall not be conducted as a hearing and the Board shall not hear testimony or receive evidence. Upon review of the report, the Board may:

(1)   dismiss the complaint if the Board finds that there is not reasonable cause to believe that the podiatric physician named in the complaint has committed a violation;

(2)   issue a letter of concern to the podiatric physician named in the complaint if the Board finds that there is reasonable cause to believe that said podiatric physician has committed a violation, but such violation, if proven, is not of such a nature as to warrant the imposition of a penalty by the Board; or

(3)   initiate an individual proceeding against the podiatric physician named in the complaint if the Board finds that there is reasonable cause to believe that said podiatric physician has committed a violation and that such violation, if proven, is of such a nature as to warrant the imposition of a penalty by the Board.

(h)   In the event the Board votes to issue a letter of concern in regard to a complaint, it shall thereupon be the duty of the Board's prosecutor to provide the Board sufficient details as to the nature of the complaint so as to assist the Board to render a meaningful letter of concern.

[Source: Amended at 12 Ok Reg 447, eff 11-17-94 (emergency); Amended at 12 Ok Reg 1257, eff 11-5-95]