Code of Massachusetts Regulations
104 CMR - DEPARTMENT OF MENTAL HEALTH
Title 104 CMR 32.00 - Investigation And Reporting Responsibilities
Section 32.06 - Requirements for All Fact-finding Activities

Universal Citation: 104 MA Code of Regs 104.32

Current through Register 1518, March 29, 2024

(1) At a minimum, any fact-finding activity relative to a complaint must include the following:

(a) interviews with the complainant, the client, if the client is not the complainant, and each individual complained of. All reasonable efforts must be made to interview each of these parties;

(b) interviews with witnesses and other individuals, including family members, who may have information related to the complaint and necessary for determination of essential facts. A good faith effort to interview each witness and other individuals who may have such information will satisfy this requirement;

(c) review of all incident reports and other records related to the complaint including, but not limited to, the client's medical record, if applicable. Records which are part of a peer review process under M.G.L. c. 111, § 204 are exempt from this review.

(2) To the extent practicable, and without unreasonably delaying the fact-finding process, the complainant should be interviewed before any other interviews take place.

(3) Clients who are to be interviewed shall be permitted to have a designated representative or a Human Rights Officer present.

(4) Employees who are to be interviewed shall, subject to applicable collective bargaining rights, cooperate with the investigation, and shall be permitted to have a designated representative present.

(5) Files of all fact-finding activities conducted pursuant to 104 CMR 32.04 and 32.06 shall be maintained by the Office of Investigations, or Responsible Person who conducted the fact-finding activities.

Disclaimer: These regulations may not be the most recent version. Massachusetts may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.