DOH Investigations Desk Manual

The Department of Health currently utilizes the 2017 Investigations Desk Manual for its investigations beyond any specific protocol from the various Boards, Commissions, or Programs—it does not appear to be posted publicly from any search on DOH’s website, though it is available via a Public Records Request.

So many licensees/practitioners are suspicious of the investigative process, often presuming that the individual investigator has unilateral control—not the case:

Complaints are reviewed by Board/Commission members, or by the designated Case Management Team for a Secretary Controlled Profession. The parties may either authorize an investigation or decline an investigation based on the information provided in the initial complaint.

If a complaint is approved for investigation, the scope of the investigation is limited to the allegation(s) contained in the initial complaint.

If during the course of the investigation, the investigator identifies violations beyond the original scope of the authorized investigation, the investigator shall not pursue those violations. The investigator shall email the case manager a description of the additional allegation(s) and request the investigation be expanded to include them. The investigator must receive documented/email approval from the case manager to expand the investigation.

That is not to say that any individual investigator is not acting outside of their respective authority, which would clearly be an abuse of process.