Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 2200 - State Board of Nursing › Chapter 4 - General Rules › Section 20 CSR 2200-4.030 - Public Complaint Handling and Disposition Procedure

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment deletes unnecessary language
				  regarding the complaint procedure, clarifies how the board investigates
				  complaint and removes unnecessary regulatory restrictions.
(1) Only complaints containing sufficient
				information to investigate and alleging conduct that would violate the Nursing
				Practice Act shall be investigated in the manner set forth in sections (3)
				through (10) below.
(2) The Board
				of Nursing encourages potential complainants to immediately alert the nurse and
				administration of the facility where the nurse is employed of the concern or
				complaint in an effort to provide the facility with the opportunity to address
				and correct concerns immediately.
(3) The State Board of Nursing will receive
				and process each complaint made against any licensee or permit holder, which
				complaint alleges certain acts or practices which may constitute one (1) or
				more violations of the provisions of Chapter 335, RSMo. This only applies to
				complaints where there is sufficient information to investigate and the
				allegation(s), if true, would be a violation of the Nursing Practice Act. Any
				member of the public or profession, or any federal, state, or local officials
				may make and file a complaint with the board. No member of the State Board of
				Nursing may 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.
(4) Complaints should be submitted to the
				Missouri State Board of Nursing.
(5) All complaints shall be made in writing
				and shall fully identify the complainant by name and address. Complaints may be
				made on forms which are provided by the board and available upon request or can
				be accessed at the board's website.
(6) Each complaint received under this rule
				shall be logged in a computer database maintained by the board for that
				purpose. The database shall contain a record of each complainant's name and
				address; the name and address of the sub-ject(s) of the complaint; the date
				each complaint is received by the board; a brief statement of the acts
				complained of; 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. This database shall
				be a closed record of the board.
(7) The complainant will be notified of the
				disciplinary action taken, if any. 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.
(8) Both the complaint and
				any information obtained as a result of the investigation of the complaint
				shall be considered a closed record and shall not be available for inspection
				by the general public.
*Original authority: 335.036, RSMo 1975, amended 1981,
					 1985, 1993, 1995, 1999, 2007 and 620.010, RSMo 1973, amended 1981, 1983, 1986,
					 1989, 1990, 1993, 1994, 1995, 1999, 2001, 2007,
					 2008.