Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 2230 - State Board of Podiatric Medicine › Chapter 2 - General Rules › Section 20 CSR 2230-2.041 - Public Complaint Handling and Disposition Procedure

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 by the board, pursuant
				  to the mandate of section 4.16(6) of the Omnibus State Reorganization Act of
				  1974, Appendix B, RSMo.
(1)
				The State Board of Podiatric Medicine shall receive and process each complaint
				made against any licensee, permit holder, registrant or applicant of the board,
				or unlicensed individual or entity, which complaint alleges certain acts or
				practices which may constitute one (1) or more violations of the provisions of
				Chapter 330, RSMo. Any member of the public or the profession or any federal,
				state or local official, may make and file a complaint with the board.
				Complaints shall be received from sources outside Missouri and processed in the
				same manner as those originating within Missouri. No member of the State Board
				of Podiatric Medicine shall file a complaint with this board while holding that
				office, unless that member is excused from further board deliberations or
				activity concerning the matters alleged within that complaint. The executive
				director or any staff member 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 podiatric Medicine, 3605 Missouri
				Boulevard, PO Box 423, Jefferson City, MO 65102-0423. However, actual receipt
				of the complaint by the board at its administrative offices in any manner shall
				be sufficient. Complaints shall be made based upon personal knowledge or upon
				information and belief, reciting information received from other
				sources.
(3) All complaints shall
				be made in writing. Complaints shall be made on forms provided by the board and
				available upon request. Oral or telephone communications will not be considered
				or processed as complaints, but the person making the communications will be
				provided with a complaint form and requested to complete and return the form to
				the board in written form. Any member of the administrative staff of the board
				may make and file a complaint based upon information and belief, in reliance
				upon oral, telephone or written communications received by the board, unless
				that staff member believes those communications to be false.
(4) Each complaint received under this rule
				shall be logged in a book and/or database maintained by the board for that
				purpose. Complaints shall be logged in consecutive order as received. The log
				book and/or database shall contain a record of 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, including the name of any person injured or victimized by the alleged acts
				or practices; a notation whether the complaint resulted in its dismissal by the
				board or informal charges being filed with the Administrative Hearing
				Commission; and the ultimate disposition of the complaint. The log book and/or
				database shall be a closed record of the board.
(5) Each complaint received under this rule
				shall be acknowledged in writing. The acknowledgment shall state that the
				complaint is being referred to the board for consideration at its next
				regularly scheduled meeting. The complainant shall be informed as to whether
				the complaint is being investigated and later as to whether the complaint has
				been dismissed by the board, or is being referred to legal counsel for filing
				with the Administrative Hearing Commission. The complainant shall be notified
				of the ultimate disposition of the complaint, excluding judicial appeals, and
				shall be provided with copies of the decisions (if any) of the Administrative
				Hearing Commission and the board at that time; provided, that the provisions of
				this section shall not apply to complaints filed by staff members of the board
				based on 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 investigation shall
				be considered a closed record and shall not be available for inspection by the
				general public. However, upon written request to the board, a copy of the
				complaint and any attachments to the complaint may be provided to any licensee
				who is the subject of that complaint or his/her counsel.
(7) This rule shall not be deemed to limit
				the board's authority to file a complaint with the Administrative Hearing
				Commission charging a licensee or temporary license holder of the board with
				any actionable conduct or violation, whether or not that 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, and for those persons or
				entities within the legislative and executive branches of government having
				supervisory or other responsibilities or control over the professional
				licensing boards. This rule is not deemed to protect or inure to the benefit of
				those licensees or temporary license 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 330,
				RSMo.
*Original authority: 330.140, RSMo 1945, amended 1981,
					 1993, 1995, 1998 and 620.010, RSMo 1973, amended 1981, 1983, 1986, 1989, 1990,
					 1993, 1994, 1995, 1999, 2001.