Public Complaint Handling and Disposition Procedure

PURPOSE: This rule establishes a procedure for the receipt, handling and disposition of public complaints by the board, pursuant to the mandate of section 620.010.16(6), RSMo. (1) Any member of the public, the profession or any federal, state, or local official may make and file a complaint with the board. No member of the State Board of Pharmacy shall file a complaint with this board while s/he holds that office, unless that member excuses him/herself from further board deliberations or activity concerning the matters alleged within that complaint. Any staff member or employee of the board may file a complaint pursuant to this rule in the same manner as any member of the public. (2) Complaints should be mailed or delivered to the following address: State Board of Pharmacy, 3605 Missouri Blvd., PO Box 625, Jefferson City, MO 65102. Complaints may be based upon personal knowledge or upon information and belief. (3) Except as otherwise authorized by the board or executive director, all complaints shall be made in writing and identify their maker by name and address. Complaints may be made on forms provided by the board, which are available upon request. Complaints need not be made by affidavit, but oral or telephone communications will not be considered or processed as complaints unless otherwise authorized by the board or the executive director. Any staff member or employee of the board may make and file a complaint based upon information and belief, in reliance upon oral, telephone, or written but unsigned communications received by the board, unless those communications are believed by that staff member or employee to be false. (4) Each complaint received under this rule shall be recorded by the board in consecutive order as received. The record shall contain 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, and the ultimate disposition of the complaint. This record shall be a closed record of the board. (5) The complainant shall be informed in writing as to whether the complaint has been dismissed by the board or is being referred to legal counsel for legal action. The complainant may be notified of the ultimate disposition of the complaint, excluding judicial appeals and may be provided with a copy of the decisions (if any) of the Administrative Hearing Commission and the board. The provisions of this section do not apply to complaints filed by staff members or employees of the board, based upon information and belief, acting in reliance on third-party information received by the board. (6) Both the complaint and any information obtained as a result of the complaint investigation are a closed record of the board and shall not be available for inspection by the public. (7) This rule does not limit the board’s authority to file a complaint with the Administrative Hearing Commission or with a court, charging a licensee, permittee, or other person or entity with any actionable conduct or violation, whether or not this complaint exceeds the scope of the acts charged in a preliminary public complaint filed with the board and whether or not any public complaint has been filed with the board. (8) The board interprets this rule, which is required by law, to exist for the benefit of those members of the public who submit complaints to the board. This rule is not deemed to protect, or to inure to the benefit of those licensees, permit holders, registrants, or other persons or entities against whom the board has instituted or may institute administrative or judicial proceedings concerning possible violations of provisions of Chapter 338, RSMo. (9) To facilitate the investigation, evaluation, and disposition of complaints, which involve violations of federal and state law governing controlled substances, the Board of Pharmacy may designate Bureau of Narcotics and Dangerous Drugs personnel and other state personnel as pharmacy inspectors. These inspectors shall be authorized pursuant to section 338.150, RSMo to enter and inspect various premises. (10) Persons designated by the Board of Pharmacy as pharmacy inspectors and other Board of Pharmacy personnel may attend board meetings in order to assist the board in its deliberations. AUTHORITY: section 338.280, RSMo 2016, and section 338.140, RSMo Supp. 2019.* This rule originally filed as 4 CSR 220-2.050. riginal rule filed Jan. 11, 1982, effective June 1, 1982. Amended: Filed Aug. 27, 1985, effective Nov. 11, 1985. Amended: Filed Aug. 29, 1986, effective Dec. 25, 1986. Amended: Filed Sept. 26, 1994, effective March 30, 1995. Amended: Filed June 28, 2002, effective Jan. 30, 2003. Amended: Filed May 13, 2005, effective Oct. 30, 2005. Moved to 20 CSR 2220-2.050, effective Aug. 28, 2006. Amended: AND INSURANCE Filed May 13, 2019, effective Nov. 30, 2019. *Original authority: 338.140, RSMo 1939, amended 1981, 1989, 1997, 2011, 2019 and 338.280, RSMo 1951, amended 1971, 1981.