Current through Register Vol. 49, No. 6, March 15, 2024
PURPOSE: This rule establishes a procedure for the
handling of complaints, reports of claims for medical malpractice, and reports
for disciplinary actions and voluntary resignations.
(1) Complaints concerning alleged violations
of Chapter 334, RSMo, shall be handled as follows:
(A) Any member of the public or the
profession, or any federal, state, or local official, may make and file a
complaint with the board based upon personal knowledge or upon information
received from other sources. The complaint may be against any licensee, permit
holder, registrant of the board, or unlicensed individual or entity and may
allege acts or practices which may constitute a violation of any provision of
Chapter 334, RSMo. No member of the board shall 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 administrative staff member of the
board may file a complaint in the same manner as any member of the
public;
(B) Each complaint must be
typed or hand written and signed by the complainant. Oral, telephone, email, or
unsigned written communications will be considered at the discretion of the
board. Complaints shall fully identify the nature of the complaint; list the
name, address, and telephone number of the complainant; and be mailed or
delivered to the following address: Missouri State Board of Registration for
the Healing Arts, PO Box 4, Jefferson City, MO 65102;
(C) Each complaint received under this
section shall be logged in and maintained by the board. The log shall contain,
if known by the board-
1. A record of each
complainant's name and address;
2.
The name and address of the subject of the complaint;
3. The date each complaint is received by the
board;
4. A brief statement of the
acts complained of, including the name of any person injured, aggrieved, or
victimized by the alleged acts or practices;
5. A notation indicating whether the
complaint resulted in its dismissal by the board, whether formal charges have
been or will be filed with the Administrative Hearing Commission, or what the
ultimate disposition of the complaint was; and
6. Further information as the board may
direct;
(D) Each
complaint made in accordance with this rule shall be acknowledged in writing
and may be investigated by the board. If a complaint is investigated, the
complainant shall be informed in writing after the investigation is completed
as to the ultimate disposition of the complaint. The provisions of this
subsection 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; and
(E) Each
complaint investigated shall be reviewed and pursued as provided in section (4)
of this rule.
(2)
Reports of claims for medical malpractice received from the Department of
Insurance, Financial Institutions and Professional Registration (DIFP) or from
the licensee shall be handled as follows:
(A)
Each medical malpractice report received from the DIFP or from the licensee
shall be logged in and maintained by the board. The log shall include:
1. Name and address of the subject of the
report;
2. Date each report is
received by the board;
3. Brief
statement of the acts, including the name of any person injured, aggrieved, or
victimized by the alleged acts or practices;
4. Ultimate disposition of the complaint;
and
5. Further information as the
board may direct; and
(B) Supporting files or records, or both,
shall be established and maintained as deemed necessary.
(3) Reports of disciplinary actions and
voluntary resignations received from executive officers of hospitals,
ambulatory surgical centers, nursing facilities, or entities that employ or
contract with licensed health care professionals shall be handled as follows:
(A) Each report received shall be logged in
and maintained by the board. The log shall include:
1. Name and address of the subject of the
report;
2. Date each report is
received by the board;
3. Brief
statement of the acts, including the name of any person injured, aggrieved, or
victimized by the alleged acts or practices;
4. Ultimate disposition of the complaint;
and
5. Further information as the
board may direct; and
(B) Supporting files or records, or both,
shall be established and maintained as deemed necessary.
(4) Complaints, reports of claims for medical
malpractice, and disciplinary actions, and voluntary resignations received from
chief executive officers of any hospital, ambulatory surgical center, nursing
facility, or entity that employs or contracts with licensed health care
professionals shall be processed and pursued as follows:
(A) After logging in each complaint or
report, each complaint or report shall be reviewed by the board's complaint
review committee or a medical staff officer. The complaint review committee or
medical staff officer shall review the complaint or report and either issue a
request to the investigative manager for investigation and records, forward a
copy of the complaint to the licensee for a response, request records, or
forward the complaint to the board for their review and decision;
(B) If the complaint or report is forwarded
to the investigative manager, he/she shall establish an investigation file and
assign it to an investigator with such direction as he/she deems appropriate.
Upon receipt of an investigation assignment, the investigator shall conduct the
investigation as he/she deems appropriate or as directed by the investigative
manager;
(C) Upon completion of the
investigation, the investigator shall submit a written report to the
investigative manager for a report review. The investigative manager shall
review the report and either direct further investigation or deliver the report
to the medical staff officer for review;
(D) Upon receipt of a report from the
investigative manager, the medical staff officer shall review the report and
either return the report to the investigative manager for further investigation
or deliver the report to the board;
(E) Upon receipt of a report, the board shall
review the report and either return the report to the medical staff officer or
investigative manager for further review or investigation, return the report to
the investigative manager for closing, forward the report to the board's
attorney for legal proceedings, or take or direct such further actions as the
board deems appropriate;
(F) The
medical staff officer, investigative manager, investigator, or board may
contact the board's attorneys for assistance in obtaining records or subpoenas,
or for assistance or direction during the course of the review or
investigation; and
(G) The
executive director of the board may alter the procedure set forth in this
section for investigating and reviewing any complaint or report as he/she deems
appropriate.
(5) The
board's investigation and subsequent litigation is not limited to or by the
scope of the complaints, reports of claims for medical malpractice, or reports
of disciplinary action or voluntary resignation received from hospitals,
ambulatory surgical centers, nursing facilities, and entities that employ or
contract with licensed health care professionals.
*Original authority: 334.125, RSMo 1959, amended 1993,
1995.
