Public Complaint Handling and Disposition Procedure

PURPOSE: This rule establishes a procedure for the receipt, handling and disposition of public complaints pursuant to the mandate of section 620.010.16(6), RSMo. (1) The Committee for Professional Counselors will receive and process each complaint made against any licensed professional counselor, counselor-in-training, registered supervisor, provisional licensed professional counselor or unlicensed individual or entity, in which a complaint alleges acts or practices constitute one (1) or more violations of the provisions of sections 337.500–337.545, RSMo or regulations governing the counseling profession. No member of the Committee for Professional Counselors may file a complaint with the committee while serving as a member unless that member is excused from further committee deliberation or activity concerning the matters alleged within that complaint. The division, division’s designated representative, or any division staff member may file a complaint pursuant to this rule in the same manner as any member of the public. (2) Complaints shall be mailed or delivered to the following address: Missouri Committee for Professional Counselors, 3605 Missouri Boulevard, PO Box 1335, Jefferson City, MO 65102. Complaints may be based upon personal knowledge, PROFESSIONAL COUNSELORS AND INSURANCE information and belief, or reciting information received from other sources. Individuals with special needs addressed by the Americans with Disabilities Act should contact the committee office at (573) 751-0018. The TDD toll free number is (800) 7352966. (3) All complaints shall be made in writing and shall fully identify the person making the complaint by name and address. Verbal or telephone communications will not be considered or processed as complaints. A person making a verbal or telephone complaint shall be asked to supplement those communications with a signed complaint form or written, signed statement. A complaint submitted anonymously shall be reviewed by the committee to determine if further inquiry is required. (4) Each complaint received under this rule shall be logged and shall include the name and address of the person initiating the complaint, name and address of the subject(s) of the complaint, date the complaint was received by the committee, brief description concerning the allegation, and the final disposition of the complaint. This log shall be a closed record. (5) Each complaint received pursuant to this rule shall be acknowledged in writing and the complainant and licensee shall be notified of the disposition of the complaint. (6) This rule shall not be deemed to limit the division’s or committee’s authority to file a complaint with the Administrative Hearing Commission charging a licensee or registrant of the committee with any actionable conduct or violation, whether or not such a complaint exceeds the scope of the acts charged in a preliminary public complaint filed with the committee, and whether or not any public complaint has been filed with the committee. (7) This rule is interpreted to exist for the benefit of those members of the public who submit complaints to the division or committee. This rule is not deemed to protect, or benefit licensees, registrants, or other persons against whom the committee has instituted or may institute administrative or judicial proceedings concerning possible violations of or may institute administrative or judicial proceedings concerning possible violations of the provisions of sections 337.500– 337.545, RSMo. AUTHORITY: sections 337.520, RSMo 2000 and 620.010, RSMo Supp. 2004.* This rule originally filed as 4 CSR 95-1.050. Original rule filed Dec. 1, 2004, effective June 30, 2005. Moved to 20 CSR 2095-1.050, effective Aug. 28, 2006. *Original authority: 337.520, RSMo 1989, amended 1989, 1993, 1995 and 620.010, RSMo 1973, amended 1981, 1983, 1986, 1989, 1990, 1993, 1994, 1995, 1999, 2001.