24 Miss. Code. R. 3-19.2 - Complaints and Investigation

A. All complaints concerning a DMH-credentialed individual's professional service or activities must be received by the Division of PLACE.

B. The individual lodging the complaint (i.e., complainant) must submit the complaint on the Mississippi Department of Mental Health-approved DMH professional credentialing complaint form(s) and the complaint form(s) must be returned sworn and notarized; the complaint must be submitted according to the instructions on the form(s). The complainant is responsible for completing the form(s) (according to the instructions) and returning the form(s) to the Division of PLACE.

C. The approved DMH professional credentialing complaint form(s) will be made available on the DMH website.

D. The following information must be included on the submitted complaint form(s):

1. The DMH-credentialed individual's name;

2. The name and contact information of the complaining party;

3. The date of the complaint;

4. A sworn statement of the complaint; and,

5. Disposition or attempts at settlement.

E. The complaint should include the charges set forth with such clarity as to inform the Division, the PLACE Review Board and the credentialed individual of the issue involved.

F. Upon receipt, the Division of PLACE will assign each complaint a case number and set up an individual case complaint file.

G. Criteria the Division of PLACE, in conjunction with DMH Senior Attorney consult, may use for determining whether or not an allegation or charge should be accepted as a formal complaint include, but are not limited to, the following:

1. Whether or not the person holds a DMH professional credential (unless the complaint concerns the use of a DMH professional credential by a person not holding the claimed credential);

2. Whether the charge, if true, would constitute a violation of the DMH Principles of Ethical and Professional Conduct and corresponding "Grounds for Disciplinary Action," the promulgated DMH Principles of Ethical and Professional Conduct and corresponding "Grounds for Disciplinary Action," the promulgated DMH professional credentialing Rules and Requirements and/or any other applicable federal or state laws or statutes which govern DMH-credentialed individuals;

3. Whether passage of time since the alleged ethical violation requires that the charge be excluded;

4. Whether sufficient, reliable proof of the charge is available;

5. Whether or not the complainant is willing to provide proof or other required information/documentation; and,

6. Whether or not the charge appears to be sustainable considering the proof available.

H. Complaints lodged with insufficient information may be unable to be addressed by the Review Board.

I. The Division of PLACE shall notify the DMH-credentialed individual that a complaint has been filed against him/her and that he/she is under investigation. Notice of the filed complaint shall be given within a reasonable amount of time from the date of receipt of the complaint, not to exceed 120 calendar days. The Division shall notify the DMH-credentialed individual of the allegation(s) and corresponding DMH Principles of Ethical and Professional Conduct, appropriate statutes, and/or Rules and Requirements violations. Once the DMH-credentialed individual receives the letter from the Division of PLACE, the DMH-credentialed individual will have 10 days to respond to the allegation(s). The DMH-credentialed individual may request an extension of up to 30 calendar days to respond to the complaint. Extensions will be granted on a case-by-case basis. Justification for additional time is determined by the Division of PLACE. All communications should be sent to the Division of PLACE and copied to the DMH Senior Attorney.

J. Substantial, jurisdictionally-appropriate formal complaints will be evaluated by the PLACE Review Board, with consult, as needed, with the DMH Senior Attorney.

K. The Mississippi Department of Mental Health and/or the PLACE Review Board may bring a complaint upon its own motion if it can be substantiated as a complaint.

L. A copy of all substantive communications pertaining to complaints/investigations will be forwarded to the DMH Senior Attorney. The Review Board, with DMH Senior Attorney consult, as needed, will determine the necessity of a disciplinary hearing.

M. Depending on the nature of the submitted complaint, information may be shared, as needed, with other pertinent offices/divisions/bureaus within the Mississippi Department of Mental Health.

Notes

24 Miss. Code. R. 3-19.2

Section 41-4-7 of the Mississippi Code of 1972, Annotated

Adopted 5/1/2017