Public Complaint Handling and Disposition

PURPOSE: This rule establishes a procedure for the receipt, handling and disposition of public complaints pursuant to section 620.010.15(6), RSMo. (1) The Division of Professional Registration shall receive and process each complaint made against any licensed practitioner and/or establishment in which the complaint alleges certain acts or practices may constitute one (1) or more violations of the provisions in sections 324.520 to 324.524, RSMo, or the regulations promulgated thereunder. Any division staff member may file a complaint pursuant to this rule in the same manner as any member of the public. (2) Written complaints shall be submitted to the Division of Professional Registration. 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, if available. Verbal or telephone communication will not be considered or processed as a complaint, however, the person making such communication will be asked to supplement the communication with a written complaint. (4) Each complaint received under this rule will be logged and maintained by the division. The log will contain a record of each complainant’s name, if available; the name and address of the subject(s) of the complaint, if available; the date each complaint is received by the office; a brief statement concerning the alleged acts or practices; a notation including whether the complaint was dismissed or disciplinary action pursued; and the ultimate disposition of the complaint. This log shall be a closed record of the office. (5) Each complaint received under this rule shall be acknowledged in writing within thirty (30) days. The complainant and licensee or establishment shall be notified of the ultimate disposition of the complaint. (6) Failure of a licensee to respond in writing, within thirty (30) days from the date of the division’s written request or inquiry, mailed to the licensee’s address currently registered with the office, shall be sufficient grounds for taking disciplinary action against that licensee. (7) This rule shall not be deemed to limit the division’s authority to file a complaint with the Administrative Hearing Commission charging the licensee or establishment with any actionable conduct or violation, whether or not such a complaint exceeds the scope of the acts charged in a preliminary complaint filed with the division. (8) The division interprets this rule to exist for the benefit of those members of the public who submit complaints. This rule is not deemed to protect, or inure to the benefit of those licensees, or other persons against whom the division has instituted or may institute administrative or judicial proceedings concerning possible violations of the provisions of sections 324.520 to 324.524, RSMo. AUTHORITY: section 324.522, RSMo Supp. 2001.* This rule originally filed as 4 CSR 267-6.020. Original rule filed Aug. 15, 2002, effective Feb. 28, 2003. Moved to 20 CSR 2267-6.020, effective Aug. 28, 2006. *Original authority: 324.522, RSMo 1998, amended 1999, 2001.