1. What we will do.
2. What we can not do.
3. Issues to consider.
4. Possible Outcomes of your Complaint.
5. Flowchart of Process for Board of Medical Practice Complaints
6. Flowchart of Process for Non Board of Medical Practice Complaints

What we will do:

1. The Investigative Unit will notify the licensee / subject of the complaint by letter and forward a copy of the complaint and any supporting materials pursuant to the provisions of 29 Del. C., § 8735 (h) (4). For complaints involving the Board of Medical Practice, procedure shall be followed pursuant to 24 Del. C., 1733.
2. The licensee/ subject shall be provided (20) days to respond to the allegations. This response should be in writing and will be maintained in the investigative files of the division. A response is not mandatory.
3. If, after (20) days, a licensee/ subject has chosen not to respond, an investigation will begin and an investigator will be assigned to the case.
4. An investigator may be assigned the case earlier if the licensee/ subject chooses to respond and has done so before the requested time period.
5. The complainant will be contacted upon assignment of the case by the investigator assigned, provided that you have supplied the appropriate numbers or addresses where you may be reached.
6. The complainant should expect a follow up from an investigator to ensure that all facts relevant to the Division of Professional Regulation and its statutory charges are being considered.
7. The investigative unit will provide a letter to the complaintant and the licensee/subject at the conclusion of the investigation that advises the outcome of the investigation. For possible outcomes, please refer to the section titled "Possible Outcomes of your Complaint".
   

What we can not do:

1. The Investigative Unit can not provide copies of investigations or information collected as part of our investigation to complainants or their legal representatives. Investigative files are exempt from the Freedom of Information Act requirements pursuant to 29 Del. C., § 10002(g)(3).
2. The investigations are limited in scope to issues directly involving the specific laws, rules and regulations of the Division of Professional Regulation and the respective boards.
3. The Investigative Unit does not handle monetary disputes or issues that are not within our purview. If an investigation is determined not to belong to the Division of Professional Regulation, the complainant will be contacted and advised. It will be the responsibility of the complainant to pursue issues outside of the Division of Professional Regulation, regardless of any referrals made from this agency as a result of the complaint.
4. The Investigative Unit does not take sides in a complaint. We are responsible for gathering information, facts, and evidence that either supports or disputes an allegation of misconduct to the Division of Professional Regulation concerning the laws, rules and regulations of the respective boards.

Issues to consider:

1. If you believe that you have been injured or damaged by the action or inaction of a professional licensee, you may wish to promptly seek advice from your own lawyer. Some legal actions may be governed by a statute of limitations which requires you to take action within a limited period of time.
2. It is reasonable that you will not receive contact from an investigator for a period of approximately one-month after you sent in the complaint. This is based on the opportunity given to a licensee/ subject to respond to any allegations.
3. Cases involving a licensee of the Board of Medical Practice may require extended time from complaint to contact based on the process outlined in the Rules and Regulations 11.0 for the Board of Medical Practice.
4. You may at any time contact our offices and request a status of your case at the numbers listed above; however, repeated contacts will not expedite the process that all cases must follow.

Possible Outcomes of your Complaint:

1. Your allegations may be supported by the investigation and the case may be forwarded to the appropriate board, commission or the Attorney General's Office for further action. If this is done, you will receive notification that the investigation has been completed and the matter has been forwarded on for possible further action.
2. Your allegations may appear to be substantiated and the case may be reviewed by a designated board contact who decides that the infraction does not warrant disciplinary prosecution. If this is the case, you will be notified that your case has been closed.
3. Your allegation may be determined to be unsubstantiated. This determination may be made based upon a lack of supporting evidence for violations of the Division of Professional Regulation or respective board's laws, rules and regulations. If this is determined to be the case, you will receive notification that your complaint has been closed.