Complaint Handling and Disposition

PURPOSE: This rule establishes a procedure for the receipt, handling, and disposition of public complaints pursuant to the mandate of section 620.010.15(6), RSMo. (1) The Division of Professional Registration, in coordination with the Missouri Board for Respiratory Care, will receive and process each complaint made against any licensed respiratory care practitioner, temporary permit holder, individual or entity, in which the complaint alleges certain acts or practices may constitute one (1) or more violations of provisions of sections 334.800–334.930, RSMo, or the administrative rules. No member of the Missouri Board for Respiratory Care may file a complaint with the division or board while holding that office, unless that member is excused from further board deliberation or activity concerning the matters alleged within that complaint. Any division staff member or the board 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 Board for Respiratory Care, 3605 Missouri Boulevard, PO Box 1335, Jefferson City, MO 65102. However, actual receipt of the complaint by the board at its administrative offices in any manner shall be sufficient. Complaints may be based upon personal knowledge, or upon information and belief, reciting information received from other sources. (3) All complaints shall be made in writing and shall fully identify the complainant by name and address. Verbal or telephone communication will not be considered or processed as complaints, however, the person making such communication will be asked to supplement the communication with written complaint. Individuals with special needs as addressed by the Americans with Disabilities Act may notify the board office at (573) 5225864 for assistance. The text telephone for the hearing impaired is (800) 735-2966. (4) Each complaint received under this rule will be logged and maintained by the board. The log will contain a record of each complainant’s name; the name and address of the subject(s) of the complaint; the date each complaint is received by the board; a brief statement concerning the alleged acts or practices; a notation indicating the complaint was dismissed by the board or a disciplinary action was filed with the Administrative Hearing Commission; and the ultimate disposition of the complaint. This log shall be a closed record of the board. (5) Each complaint received under this rule shall be acknowledged in writing. Failure of a licensee to respond in writing, within thirty (30) days from the date of the board’s written request or inquiry, mailed to the licensee’s address currently registered with the board, will be sufficient grounds for taking disciplinary action against that licensee. The complainant and licensee or permit holder shall be notified of the ultimate disposition of the complaint. (6) This rule shall not be deemed to limit the authority to file a complaint with the Administrative Hearing Commission charging the board’s licensee or permit holder 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 board. (7) The division 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 inure to the benefit of those licensees, permit holders, or other persons against whom the board had instituted or may institute administrative or judicial proceedings concerning possible violations of the provisions of sections 334.800–334.930, RSMo. AUTHORITY: sections 334.800, 334.840.2, and 334.850, RSMo 2016.* This rule originally filed as 4 CSR 255-1.030. Emergency rule filed June 25, 1998, effective July 6, 1998, expired Feb. 25, 1999. Original rule filed June 25, 1998, effective Jan. 30, 1999. Moved to 20 CSR 2255-1.030, effective Aug. 28, 2006. Amended: Filed Feb. 18, 2021, effective Sept. 30, 2021. *Original authority: 334.800, RSMo 1996, amended 1999, 2008; 334.840, RSMo 1996; and 334.850, RSMo 1996, amended 1999, 2009.