20 CSR 2205-1.040 - Complaint Handling and Disposition
(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.
Notes
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