Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 2263 - State Committee for Social Workers › Chapter 1 - General Rules › Section 20 CSR 2263-1.025 - Complaint Handling and Disposition

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment updates a statutory reference
				  and updates those individuals under the committee's statutory
				  authority.
PURPOSE: This rule establishes a procedure for the
				  receipt, handling, and disposition of public complaints pursuant to the mandate
				  of section
				  324.002,
				  RSMo.
(1) The Division of
				Professional Registration, in coordination with the State Committee for Social
				Workers, will receive and process each complaint made against any licensed
				social worker, registrant, applicant, individual, or entity, in which the
				complaint alleges certain acts or practices may constitute one (1) or more
				violations of the provisions of sections 337.600-337.689, RSMo or the
				administrative rules. No member of the State Committee for Social Workers may
				file a complaint with the division or committee while holding that office
				unless that member is excused from further committee deliberation or activity
				concerning the matters alleged within that complaint. Any division staff member
				or the committee 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: State
				Committee for Social Workers, 3605 Missouri Boulevard, P.O. Box 1335, Jefferson
				City, MO 65102. However, actual receipt of the complaint by the committee 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 which does not violate a client's right
				to privacy.
(3) All complaints
				shall be made in writing on a form provided by the committee and shall fully
				identify the complainant by name and address. 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 on a form provided by the committee. Individuals with special needs
				as addressed by the Americans with Disabilities Act (ADA) may notify the
				committee office at (573) 751-0885 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 division. 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; a brief statement concerning
				the alleged acts or practices; a notation indicating the complaint was
				dismissed by the committee 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 committee.
(5) Each complaint received under this rule
				shall be acknowledged in writing. The complainant and licensee 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 committee's licensee 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 committee.
(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 committee. This rule is not deemed to protect or inure
				to the benefit of those licensees or other persons against whom the committee
				had instituted or may institute administrative or judicial proceedings
				concerning possible violations of the provisions of sections 337.600-337.689,
				RSMo or any rules promulgated by the committee.
*Original authority: 337.627, RSMo 1989, amended 1993,
					 1995, 1997; 337.677, RSMo 2001; and 620.010, RSMo 1973, amended 1981, 1983,
					 1986, 1989, 1990, 1993, 1994, 1995, 1999,
					 2001.