PURPOSE: This rule establishes a procedure for the receipt, handling and disposition of requests for information and complaints.

1. (1) All public records of the Missouri Acupuncturist Advisory Committee shall be open for inspection and copying by any member of the general public during normal business hours (8 a.m. to 5 p.m. Monday through Friday, holidays excepted) except for those records closed pursuant to section 610.021, RSMo.
2. (2) The State Board of Chiropractic Examiners establishes the executive director of the board as custodian of the advisory committee records as required by section 610.023, RSMo. The executive director is responsible for maintaining advisory committee records of meeting proceedings and responding to requests for access to public records.
3. (3) The Acupuncturist Advisory Committee will receive and process each complaint made against any licensee, applicant or unlicensed individual or entity, in which the complaint alleges certain acts or practices which may constitute one (1) or more violations of the provisions of sections 324.475 to 324.499, RSMo. Any member of the public or the profession, or any federal, state or local official may make and file a complaint with the Acupuncturist Advisory Committee. Complaints will be received from sources both within and without Missouri and processed in the same manner as those originating within Missouri. No member of the Acupuncturist Advisory Committee may file a complaint with the board while serving in that capacity, unless that member is excused from further deliberation or activity concerning the matters alleged within that complaint. The executive director or any division staff member may file a complaint pursuant to this rule in the same manner as any member of the public.
4. (4) Complaints shall be mailed or delivered to the following address: Acupuncturist Advisory Committee, PO Box 672, Jefferson City, MO 65102. Complaints may be based upon personal knowledge or beliefs based on information received from other sources.
5. (5) All complaints shall be made in writing and shall fully identify the complainant by name and address. Verbal or telephone communications will not be considered or processed as complaints. The person making these communications will be asked to file a written statement.
6. (6) Upon receipt of a complaint in proper form, the division, board, or advisory committee may investigate the actions of the licensee, applicant, registrant or unlicensed individual or entity against whom the complaint is made. In conducting an investigation, the division/board, in its discretion, may request the licensee, applicant, registrant or unlicensed individual or entity under investigation to answer the charges made against him/her in writing and to produce relevant documentary evidence and may request him/her to appear before it.
7. (7) The advisory committee will maintain each complaint received under this rule. The complaint file will contain a record of each complainant’s name and address; subject(s) of the complaint; the date each complaint is received by the division; a brief statement of the complaint, including the name of any person injured or victimized by the alleged acts or practices; and the ultimate disposition of the complaint. This complaint file shall be a closed record of the division.
8. (8) Each complaint received under this rule shall be acknowledged in writing. The complainant shall be notified of the ultimate disposition of the complaint.
9. (9) This rule shall not be deemed to limit the division, board or advisory committee authority to file a complaint with the Administrative Hearing Commission (AHC) charging a licensee with any actionable conduct or violation. The complaint filed by the board need not be limited to the acts charged in a public complaint.
10. (10) The division, board and advisory committee interpret this rule, which is required by law, to exist for the benefit of those members of the public who submit complaints to the division/board. This rule does not create any cause of action for licensees against whom the division/board has instituted or may institute administrative or judicial proceedings concerning possible violations of the provisions of sections 324.475 through 324.499, RSMo. 20 CSR 2015-1

AUTHORITY: sections 324.481, 324.496, 324.499, 620.010.14(7) and 620.010.15(6), RSMo 2000.* This rule originally filed as 4 CSR 15-1.010. Original rule filed July 24, 2001, effective Feb. 28, 2002. Moved to 20 CSR 2015-1.010, effective Aug. 28, 2006.

*Original authority: 324.481, RSMo 1998, amended 1999; 324.496, RSMo 1988, amended 1999; 620.010, RSMo 1973, amended 1981, 1983, 1986, 1989, 1990, 1993, 1994, 1995, 1999, 2001.