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Current as of January 01, 2024 | Updated by Findlaw Staff
(a)(1) A self-disclosure, complaint, or allegation concerning professional negligence, misconduct, misidentification, or other testing errors that occurs in the provision of forensic science services or public health laboratory services shall be investigated by the Laboratory.
(2) If the Laboratory receives a self-disclosure, complaint, or becomes aware of an allegation concerning professional negligence, misconduct, misidentification, or other testing errors that occurs in the provision of forensic science services or public health laboratory services, the complaint or allegation shall be:
(A) Reported to the Board within 24 business hours after it is received by the Laboratory; and
(B) Acknowledged by the Laboratory to the complainant within 2 business days of receipt.
(b)(1) Upon completion of the investigation by the Laboratory into the self-disclosure, complaint, or allegation, within 2 business days, the Laboratory shall provide all relevant documents, including findings and recommended corrective actions, to the Board.
(2) Upon receipt of the documents used by the Laboratory in its investigation into the self-disclosure, complaint, or allegation, the Board shall determine whether the complaint or allegation merits:
(A) An investigation by the Board;
(B) A review of the self-disclosure, complaint, or allegation for educational purposes;
(C) Additional review by the Laboratory into the self-disclosure, complaint, or allegation; or
(D) No further review.
(3) The Board shall communicate its decision in writing within 10 business days after receipt to the complainant and the Director.
(4) The Board may reconsider its disposition of a self-disclosure, complaint, or allegation if new evidence of negligence, misconduct, misidentification, or other testing errors is presented to the Board.
(c) If the Board conducts an investigation or review pursuant to subsection (b)(2)(A) or (B) of this section, the Board:
(1) Shall prepare a written report that identifies and describes:
(A) The methods or procedures used to identify the self-disclosure or alleged negligence, misconduct, misidentification, or other testing errors;
(B) Whether any negligence, misconduct, misidentification, or other testing errors occurred;
(C) Any corrective action required of the Laboratory;
(D) Observations of the Board regarding the integrity and reliability of the forensic science services or public health laboratory services conducted;
(E) Best practices identified by the Board during the investigation or review; and
(F) Other recommendations that are relevant, as determined by the Board; and
(2) May order:
(A) A retrospective reexamination of other forensic science services or public health laboratory services conducted by the Laboratory that may involve professional negligence, misconduct, misidentification, or other testing errors; or
(B) An evaluation of the Laboratory to review the implementation of any corrective action required or the conclusion of any retrospective reexamination.
(d) The Board shall make all correspondence and reports completed under this section available to the public through the Laboratory's website.
Cite this article: FindLaw.com - District of Columbia Code Division I. Government of District. § 5-1501.12a. Process for addressing allegations of negligence, misconduct, misidentification, or other testing errors. - last updated January 01, 2024 | https://codes.findlaw.com/dc/division-i-government-of-district/dc-code-sect-5-1501-12a/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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