Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 2205 - Missouri Board of Occupational Therapy › Chapter 1 - General Rules › Section 20 CSR 2205-1.040 - Complaint Handling and Disposition

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule establishes a procedure for the
				  receipt, handling and disposition of public complaints pursuant to section
				  620.010.15(6), RSMo Supp. 1997.
(1) The division, in collaboration with the
				board, will receive and process each complaint made against any licensed
				occupational therapist, occupational therapy assistant, limited 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
				324.050-324.089, RSMo Supp. 1997, or the administrative rules. No member of the
				Missouri Board of Occupational Therapy may file a complaint with the division
				or board while holding that office, unless that member is excused from further
				board deliberations or activities 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) Written complaints shall be submitted to
				the Missouri Board of Occupational Therapy. 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 a written
				complaint.
(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 within thirty (30) days. The
				complainant and licensee or limited permit holder shall be notified of the
				ultimate disposition of the complaint.
(6) This rule shall not be deemed to limit
				the board's authority to file a complaint with the Administrative Hearing
				Commission charging the board's licensee or limited 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, limited permit holders, or
				other persons against whom the board has instituted or may institute
				administrative or judicial proceedings concerning possible violations of the
				provisions of Chapter 324, RSMo Supp. 1997.
*Original authority: 324.050, 324.065, 324.068, 324.083 and
					 324.086, RSMo 1997 and 610.010.15(6), RSMo 1973, amended 1977, 1978, 1982,
					 1987, 1993.