Complaint Investigation Process

Health Occupations Program, Minnesota Department of Health

The Department of Health has authority to investigate allegations of wrongdoing by practitioners and to protect the public. The Department protects the public by imposing sanctions against practitioners to ensure compliance with the law in the future. The Department conducts the investigation in a neutral and unbiased way and does not represent the consumer, or the practitioner. If consumers seek refunds, they should consider private remedies, including conciliation court to obtain refunds.

During the investigation, information obtained is confidential and the file cannot be disclosed to anyone, including the Complainant and Practitioner.

1. Complaint call or letter comes in.
   Complaint form sent out.
2. Receive complaint form back and review for completeness.
   If additional information is needed, staff will follow up.
3. An investigative file is opened.
   Investigation assigned to staff according to priority system.
   The most serious cases are handled first.
4. Interviews of all witnesses done. Witnesses include Complainants.
   Records are obtained.
   Practitioner is contacted and given 30 days to respond in writing.
   Extensions are allowed.
5. Competency Review Committee of the Hearing Instrument Dispenser Advisory Council may review case to determine whether Practitioner acted negligently or incompetently.
6. If no negligence, incompetency or violation of law is found, case is closed and Complainant and Practitioner are notified in writing.
7. If Practitioner did violate the law or act incompetently or negligently, the Department will pursue enforcement action.
   Enforcement actions range from civil penalties, revocation, suspension, reprimands, and other actions such as continuing education classes, being supervised and undergoing an evaluation.
   Goal of enforcement action is to protect the public from future harm, not to punish Practitioner.
8. Department will seek an agreement with the Practitioner first, and this results in an order.
   Final order is public data and is released to the consumer and other interested persons.
9. The Department would call witnesses involved in case, including Complainant.
   Decision of the ALJ goes to the commissioner of Health for final decision.
10. Final decision made by the Commissioner of Health.

(This document has the all the text of the printed version given to MCDHH from the Health Occupations Program, Minnesota Department of Health.)