20 CSR 2200-4.030
Public Complaint Handling and Disposition Procedure
PURPOSE: This rule establishes a procedure for the receipt,
handling, and disposition of public complaints by the board.
(1) Only complaints containing sufficient information to
investigate and alleging conduct that would violate the
Nursing Practice Act shall be investigated in the manner set
forth in sections (3) through (10) below.
(2) The Board of Nursing encourages potential complainants to
immediately alert the nurse and administration of the facility
where the nurse is employed of the concern or complaint in an
effort to provide the facility with the opportunity to address
and correct concerns immediately.
(3) The State Board of Nursing will receive and process each
complaint made against any licensee or permit holder, which
complaint alleges certain acts or practices which may constitute
one (1) or more violations of the provisions of Chapter 335,
RSMo. This only applies to complaints where there is sufficient
information to investigate, and the allegation(s), if true, would
be a violation of the Nursing Practice Act. Any member of the
public or profession, or any federal, state, or local officials may
make and file a complaint with the board. No member of the
State Board of Nursing may file a complaint with this board
while holding that office, unless that member is excused from
further board deliberations or activity concerning the matters
alleged within that complaint. The executive director or any
staff member of the board may file a complaint pursuant to this
rule in the same manner as any member of the public.
(4) Complaints should be submitted to the Missouri State Board
of Nursing.
(5) All complaints shall be made in writing and shall fully
identify the complainant by name and address. Complaints
may be made on forms which are provided by the board and
available upon request, or can be accessed at the board’s
website.
(6) Each complaint received under this rule shall be logged in a
computer database maintained by the board for that purpose.
The database shall contain a record of each complainant’s
name and address; the name and address of the subject(s)
of the complaint; the date each complaint is received by the
board; a brief statement of the acts complained of; a notation
whether the complaint resulted in its dismissal by the board or
informal charges being filed with the Administrative Hearing
Commission; and the ultimate disposition of the complaint.
This database shall be a closed record of the board.
(7) The complainant will be notified of the disciplinary action
taken, if any. The provisions of this section 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.
(8) Both the complaint and any information obtained as a
result of the investigation of the complaint shall be considered
a closed record and shall not be available for inspection by the
general public.
AUTHORITY: section 324.002, RSMo 2016, and section 335.036,
RSMo Supp. 2018.* This rule originally filed as 4 CSR 200-4.030.
Original rule filed Feb. 10, 1982, effective May 13, 1982. Amended:
Filed June 28, 2002, effective Dec. 30, 2002. Moved to 20 CSR
2200-4.030, effective Aug. 28, 2006. Amended: Filed May 27, 2008,
effective Nov. 30, 2008. Amended: Filed Aug. 28, 2013, effective Feb.
28, 2014. Amended: Filed June 22, 2018, effective Dec. 30, 2018.
*Original authority: 324.002, RSMo 2008 and 335.036, RSMo 1975, amended 1981,
1985, 1993, 1995, 1999, 2007, 2008, 2011, 2018.