Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 2255 - Missouri Board for Respiratory Care › Chapter 1 - General Rules › Section 20 CSR 2255-1.030 - Complaint Handling and Disposition

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment allows the board to take
				  disciplinary action for failure to respond to a board request or
				  inquiry.
(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, P.O. 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) 522-5864 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.
*Original authority: 334.800, RSMo 1996; 334.840, RSMo
					 1996; 334.850, RSMo 1996; and 620.010, RSMo 1973, amended 1981, 1983, 1986,
					 1987, 1990, 1993, 1994, 1995.