WAC 246-856-030   Delegation of authority to initiate investigations.  (1) The board delegates the decision whether to initiate an investigation to a department case management team when the board or the department receives information that a licensee may have engaged in unprofessional conduct or may be unable to practice with reasonable skill and safety by reason of a mental or physical condition for the following categories:

     (a) Improper dispensing, including medication errors, unauthorized prescription refills and unauthorized drug product substitution;

     (b) Failure to provide patient counseling;

     (c) Record or inventory discrepancies;

     (d) Diversion or impairment;

     (e) Obtaining drugs by fraud;

     (f) Compounding or manufacturing violations;

     (g) Pharmacy inspection violations;

     (h) Criminal convictions;

     (i) Misrepresentation or fraud in any aspect of the conduct of the business or profession;

     (j) Theft;

     (k) Failure to comply with a board order or monitoring contract;

     (l) Sexual misconduct;

     (m) Failure to deliver a lawfully prescribed drug or device.

     (2) All complaints other than those listed under subsection (1) of this section will be reviewed by the board, which will decide whether to authorize the initiation of an investigation.

     (3) The case management team must include, at a minimum, a board member, the executive director or his or her designee, a pharmacist investigator, and a staff attorney.



[Statutory Authority: RCW 18.64.005, 18.130.050 and 18.130.080. 08-06-030, § 246-856-030, filed 2/25/08, effective 3/27/08.]