Complaint Handling and Disposition Procedure

PURPOSE: The Missouri State Board of Registration for the Healing Arts receives public complaints concerning alleged violations of Chapter 324, RSMo. This rule establishes a procedure for the handling of public complaints. (1) Public complaints concerning alleged violations of Chapter 324, RSMo shall be handled as follows: (A) Any member of the public or the profession, or any federal, state or local official, may make and file a complaint with the board based upon personal knowledge or upon information received from other sources. The complaint may be against any licensed perfusionist or unlicensed individual or entity and may allege acts or practices, which may constitute a violation of any provision of Chapter 324, RSMo. No member of the board or member of the Advisory Commission for Clinical Perfusionists shall file a complaint with this board while holding that office unless that member is excused from further board or commission deliberations or activity concerning the matters alleged within that complaint. The executive director or any administrative staff member of the board may file a complaint in the same manner as any member of the public; (B) Each complaint must be typed or handwritten and signed by the complainant. Oral, telephone or written, but unsigned, communications will not be considered or processed as complaints. Complaints shall fully identify the nature of the complaint; show the name, address and telephone number of the complainant; and be mailed or delivered to the following address: Missouri State Board of Registration for the Healing Arts, P.O. Box 4, Jefferson City, MO 65102; (C) Each signed, written complaint received under this section shall be logged in and maintained by the board. Complaints shall be logged in consecutive order as received. The log shall contain, if known by the board, a record of each complainant’s name and address; the name and address of the subject of the complaint; the date each complaint is received by the board; a brief statement of the acts complained of, including the name of any person injured, aggrieved or victimized by the alleged acts or practices; a notation indicating whether the complaint resulted in its dismissal by the board, or whether formal charges have been or will be filed with the Administrative Hearing Commission, or what the ultimate disposition of the complaint was; and further information as the board may direct; (D) Each complaint made in accordance with this rule shall be acknowledged in writing and may be investigated by the board. If a complaint is investigated, the complainant and licensee shall be informed in writing of the status of the complaint at least as frequently as quarterly and until final disposition of the complaint unless such notice would jeopardize an ongoing investigation. After the investigation is completed, the complainant shall be advised, in writing, as to whether the complaint resulted in its dismissal by the board, or whether formal charges have been or will be filed with the Administrative Hearing Commission, or what the ultimate disposition of the complaint was. The provisions of this subsection shall not apply to complaints filed by staff members of the board based on information and belief, acting in reliance on third-party information received by the board; and (E) Each complaint investigated shall be reviewed and pursued as provided in section (2) of this rule. (2) Public complaints shall be processed and pursued as follows: (A) The board’s complaint review committee shall review each public complaint within ten (10) days of receipt of the complaint. The complaint review committee shall consist of the executive director, chief medical officer and chief investigator. The complaint review committee shall review the complaint and either assign the complaint for investigation or refer it to the Advisory Commission for Clinical Perfusionists. The complaint review committee shall establish a schedule for conducting each phase of the complaint; (B) When the complaint is assigned for investigation, an investigation file shall be established and a copy forwarded to an investigator with such direction as the complaint review committee deems appropriate. Upon receipt of an investigation assignment, the investigator shall interview the complainant and further conduct the investigation, as s/he deems appropriate; (C) Upon completion of the investigation, the investigator shall submit a written report to the chief investigator for a report review. The chief investigator shall review the report and either direct further investigation or deliver the report to the complaint review committee for review; (D) Upon receipt of a report from the chief investigator, the complaint review committee shall review the report and either return the report to the chief investigator for further investigation or deliver the report to the Advisory Commission for Clinical Perfusionists; (E) Upon receipt of a report from the complaint review committee the Advisory Commission for Clinical Perfusionists shall review the report and either return the report to the complaint review committee for further review or investigation or forward the report along with its recommendation to the board; (F) Upon receipt of a report from the Advisory Commission for Clinical Perfusionists, the board shall review the report and either return the report to the complaint review committee for further review or investigation, return the report to the staff for closing, forward the report to the board’s attorney for legal proceedings, or take or direct such further actions as the board deems appropriate; (G) The complaint review committee, the chief investigator, the Advisory Commission for Clinical Perfusionists or the board may contact the board’s attorneys for assistance in obtaining records or subpoenas, or for assistance or direction during the course of the review or investigation; and (H) The executive director of the board may alter the procedure set forth in this section for investigating and reviewing any complaint or report, as s/he deems appropriate. (3) The board’s investigation and subsequent litigation is not limited to or by the scope of the public complaints. (4) In the event the board imposes discipline on the license of a clinical perfusionist pursuant to Chapters 536 and 621, RSMo, the licensee shall be referred to the board’s chief investigator. (A) The chief investigator or a delegate of the chief investigator shall monitor the licensee to determine that the licensee complies with all acts required by the board to be performed. (B) In the event that a licensee does not comply with all required acts or terms of probation, the chief investigator or the delegate shall report such noncompliance to the board. The board shall review the report of the chief investigator and dispose of the matter, as it deems appropriate. (C) Each licensee placed on probation by the board shall submit by January 1 and July 1 of each year the licensee is on probation a statement to the board that the licensee is in compliance with the terms of the probation. Such statement shall be on a form prepared by the board. The failure of the board to provide such form to the licensee shall not excuse a licensee from obtaining the form and submitting it to the board by the required date. AUTHORITY: sections 324.162, 324.165, 324.168, 324.171 and 324.183, RSMo Supp. 1997.* This rule originally filed as 4 CSR 150-8.130. Original rule filed Dec. 2, 1998, effective June 30, 1999. Moved to 20 CSR 2150-8.130, effective Aug. 28, 2006. *Original authority: 324.162, RSMo 1997, 324.165, RSMo 1997; 324.168, RSMo 1997; 324.171, RSMo 1997; and 324.183, RSMo 1997.