Mo. Code Regs. tit. 20 § 2200-4.030
Current through Register Vol. 49, No. 21, November 1, 2024.
Section 20 CSR 2200-4.030 - Public Complaint Handling and Disposition ProcedurePURPOSE: 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. AUTHORITY: section 335.036, RSMo Supp. 2013.* This rule originally filed as 4 CSR 200-4.030. Original rule filed Feb. 10, 1982, effective May 13, 1982. Amended: Filed June 28, 2002, effective Dec. 30, 2002. Moved to 20 CSR 2200-4.030, effective Aug. 28, 2006. Amended: Filed May 27, 2008, effective Nov. 30, 2008. Amended: Filed Aug. 28, 2013, effective Feb. 28, 2014. Amended by Missouri Register November 15, 2018/Volume 43, Number 22, effective 12/31/2018*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.