| (a) Complaints shall be assigned a priority status
in the following categories:
(1) those indicating that credible evidence exists
showing a violation of the Physical Therapy Practice Act involving
actual deception, fraud or injury to clients or the public or a high
probability of immediate deception, fraud, or injury to clients or
the public;
(2) those indicating that credible evidence exists
showing a violation of the Physical Therapy Practice Act involving
a high probability of potential deception, fraud, or injury to clients
or the public;
(3) those indicating that credible evidence exists
showing a violation of the Physical Therapy Practice Act involving
a potential for deception, fraud, or injury to clients or the public;
(4) all other complaints.
(b) Not later than the 30th day after a complaint is
received, the staff shall place a timeline for completion, not to
exceed one year, in the investigative file and notify all parties
to the complaint. Any change in the timeline must be noted in the
file and all parties notified of the change not later than seven days
after the change was made. For purposes of this rule, completion of
an investigation in a disciplinary matter occurs when:
(1) staff determines there is insufficient evidence
to demonstrate a violation of the act, board rules, or a board order;
or
(2) staff determines there is sufficient evidence to
demonstrate a violation of the act, board rules, or board order and
drafts proposed formal charges.
(c) The staff shall provide summary data of complaints
extending beyond the complaint timeline to the board so that the board
may take necessary action on the complaint.
(d) The board shall keep an information file on each
complaint submitted to the board. The file will be kept current and
include a record of all persons contacted in relation to the complaint,
notes about the findings throughout the complaint process, and other
relevant information.
(e) The Investigation Committee may determine when
and if a private investigator is needed for processing of a complaint.
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