Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 2220 - State Board of Pharmacy › Chapter 2 - General Rules › Section 20 CSR 2220-2.050 - Public Complaint Handling and Disposition Procedure

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule is being amended pursuant to
				  Executive Order 17-03 to remove unnecessary/duplicative rule language and to
				  clarify the board's complaint handling procedures.
(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.
*Original authority: 338.140, RSMo 1939, amended 1981,
					 1989, 1997; 338.280, RSMo 1951, amended 1971, 1981; and 620.010.15(6), RSMo
					 1973, amended 1981, 1983, 1986, 1989, 1990. 1993, 1994, 1995, 1999,
					 2001.