Ala. Admin. Code r. 405-X-2-.03

Current through Register Vol. 42, No. 10, July 31, 2024

Section 405-X-2-.03 - Investigation

(1) Upon self-disclosure or receipt of a written complaint alleging that a genetic counselor has violated a statute or rule by committing one or more of the actions specified as grounds for disciplinary action, the Board or its designee shall perform a preliminary review to determine if there is merit and sufficient evidence to warrant formal proceedings.

(2) When the Board or its designee determines there may be merit and sufficient evidence exists to warrant proceedings, an investigative committee shall be formed consisting of one Board member, one Board counsel, and a designee.

(a) Within 30 days of self-disclosure or receipt of a written complaint, the Board or its designee shall provide the genetic counselor, against whom the complaint was made, written notification of the complaint and allegations. The genetic counselor may submit, to the Board or its designee, a written response and any supporting documentation within 15 days of the receipt of the written notification.

(b) The committee shall review the complaint and other information submitted to determine if further investigation is warranted.

1. If an investigation is warranted, an investigator shall be retained. At the conclusion of the investigation, the investigator shall submit an investigation report to be reviewed by the Investigative Committee. The investigative committee shall send written notification to the complainant and the genetic counselor, against whom the complaint was made, of any action outlined in 405-X-2-.04 the committee decides to take in response to the investigation report.

2. If the committee determines that an investigation is not warranted, the Board or its designee may close the investigative file, provided that the matter may be reinvestigated at any time if circumstances so warrant. The Board or its designee shall notify the complainant and the genetic counselor against whom the complaint was made.

Ala. Admin. Code r. 405-X-2-.03

Adopted by Alabama Administrative Monthly Volume XXXIX, Issue No. 03, December 31, 2020, eff. 2/14/2021.

Author: Alabama Board of Genetic Counseling

Statutory Authority:Code of Ala. 1975, § 34-13A-3, et seq.