20 CSR 2205-1.040 - Complaint Handling and Disposition

PURPOSE: This rule establishes a procedure for the receipt, handling and disposition of public complaints pursuant to section 620.010.15(6), RSMo Supp. 1997.

(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

20 CSR 2205-1.040

AUTHORITY: sections 324.050, 324.065, 324.068, 324.083, 324.086 and 620.010.15(6), RSMo Supp. 1997.* This rule originally filed as 4 CSR 205-1.040. Original rule filed Aug. 4, 1998, effective Dec. 30, 1998. Moved to 20 CSR 2205-1.040, effective Aug. 28, 2006.

*Original authority: 324.050, 324.065, 324.068, 324.083 and 324.086, RSMo 1997 and 610.010.15(6), RSMo 1973, amended 1977, 1978, 1982, 1987, 1993.