| (a) Investigation of complaints shall be conducted
in accordance with Chapter 178 of this title (relating to Complaints)
and Chapter 179 of this title (relating to Investigations) and referred
to an informal settlement conference in accordance with Chapter 187
of this title (relating to Procedural Rules), if appropriate. If the
provisions of Chapters 178, 179 or 187 of this title conflict with
the Act or rules under this chapter, the Act and provisions of this
chapter shall control.
(b) Confidentiality. All complaints, adverse reports,
investigation files, other investigation reports, and other investigative
information in the possession of, or received, or gathered by the
advisory board, the Medical Board, or their employees or agents relating
to a person, certificate holder or temporary permit holder, an application
for certificate, or a criminal investigation or proceeding are privileged
and confidential and are not subject to discovery, subpoena, or other
means of legal compulsion for their release to anyone other than the
advisory board, the Medical Board, or their employees or agents involved
in certificate holder or temporary permit holder discipline.
(c) Patient identity. In any disciplinary investigation
or proceeding regarding a respiratory care practitioner conducted
under or pursuant to the Act, the advisory board and Medical Board
shall protect the identity of any patient whose medical records are
examined and utilized in a public proceeding except for those patients
who testify in the public proceeding or who submit a written release
in regard to their records or identity.
(d) Permitted disclosure of investigative information.
Investigative information in the possession of the advisory board,
the Medical Board, or the boards' employees or agents which relates
to certificate holder discipline and information contained in such
files may not be disclosed except in the following circumstances:
(1) to the appropriate licensing or regulatory authorities
in other states or the District of Columbia or a territory or country
where the respiratory care practitioner is licensed, registered, or
certified or has applied for a certificate or license or to a peer
review committee reviewing an application for employment or privileges
or the qualifications of the certificate holder with respect to retaining
employment or privileges;
(2) to appropriate law enforcement agencies if the
investigative information indicates a crime may have been committed
and the advisory board shall cooperate with and assist all law enforcement
agencies conducting criminal investigations of certificate holders
by providing information relevant to the criminal investigation to
the investigating agency and any information disclosed by the advisory
board or Medical Board to an investigative agency shall remain confidential
and shall not be disclosed by the investigating agency except as necessary
to further the investigation;
(3) to a health-care entity upon receipt of written
request. Disclosures by the advisory board or Medical Board to a health-care
entity shall include only information about a complaint filed against
a respiratory care practitioner that was resolved after investigation
by a disciplinary order of the advisory board or by an agreed settlement,
and the basis and current status of any complaint under active investigation;
and
(4) to other persons if required during the investigation.
(e) Complaints. The advisory board shall keep information
on file about each complaint filed with the advisory board, consistent
with the Act. If a written complaint is filed with the advisory board
that the advisory board has the authority to resolve relating to a
person certified by the advisory board, the advisory board, at least
as frequently as quarterly and until final determination of the action
to be taken relative to the complaint, shall notify in a manner consistent
with the Act, the parties to the complaint of the status of the complaint
unless the notice would jeopardize an active investigation.
(f) Renewal of certificates. A certificate holder shall
furnish a written explanation of his or her answer to any question
asked on the application for certificate renewal, if requested by
the advisory board. This explanation shall include all details as
the advisory board may request and shall be furnished within 30 days
of the date of the advisory board's request.
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