PURPOSE: This rule establishes a procedure for the receipt, handling and disposition of public complaints by the board.

1. (1) The State Board of Chiropractic Examiners shall receive and process each complaint made against any licensee or unlicensed individual or entity, which complaint alleges certain acts or practices which may constitute one (1) or more violations of the provisions of Chapter 331, RSMo. Any member of the public, the profession or any federal, state or local official may make and file a complaint with the board. Complaints may be received from sources outside Missouri and will be processed in the same manner as those originating within Missouri. No member of the State Board of Chiropractic Examiners shall file a complaint with this board while that member holds that office, unless that member excuses him/herself 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.
2. (2) Complaints should be mailed or delivered to the following address: Missouri State Board of Chiropractic Examiners, 3605 Missouri Blvd., PO Box 672, Jefferson City, MO 65102-0672. Complaints may be made based upon personal knowledge or upon information and belief, reciting information received from other sources. FINANCIAL INSTITUTIONS AND PROFESSIONAL REGISTRATION
3. (3) All complaints shall be made by affidavit sworn before a notary public or other authorized officer and fully shall identify the affiant by name and address. Complaints may be made on forms provided by the board and available upon request. Oral, telephone or written information that is not notarized will not be considered or processed as complaints, but the person communicating with the board will be provided with a complaint form and requested to complete it and return it to the board in affidavit form. Any member of the administrative staff of the board may make and file a complaint based upon information and belief, in reliance upon oral, telephone or written communications received by the board, unless those communications are believed by that staff member to be false.
4. (4) Each complaint received under this rule shall be logged and maintained by the board for that purpose. The complaint information shall contain a record of each complainant’s name and address; the name and address of the subject(s) of the complaint; the date each complaint is received by the board; a brief statement of the acts complained of, including the name of any person injured or victimized by the alleged acts or practices; 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 complaint information shall be a closed record of the board.
5. (5) Each complaint recorded under this rule shall be acknowledged in writing. The acknowledgement shall state that the complaint is being referred to the board for consideration at its next regularly scheduled meeting. The complainant shall be informed in writing as to whether the complaint is being investigated, and later, as to whether the complaint is being dismissed by the board or is being referred to legal counsel for filing with the Administrative Hearing Commission. The complainant shall be notified of the ultimate disposition of the complaint, excluding judicial appeals, and shall be provided with copies of the decisions (if any) of the Administrative Hearing Commission and the board. 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.
6. (6) Both the complaint and any information obtained as a result of the investigation shall be considered a closed record and shall not be available for inspection by the general pub-
7. lic. However, a copy of the complaint and any attachments to it shall be provided to any licensee who is the subject of that complaint, or his/her legal counsel, upon written request to the board, by the licensee.
8. (7) This rule shall not be deemed to limit the board’s authority to file a complaint with the Administrative Hearing Commission charging a licensee with any actionable conduct or violation, whether or not that complaint exceeds the scope of the acts charged in a preliminary public complaint filed with the board and whether or not any public complaint has been filed with the board.
9. (8) The board 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 and for those persons or entities within the legislative and executive branches of government having supervisory or other responsibilities or control over the professional licensing boards. This rule is not deemed to protect, or inure to the benefit of, those licensees or other persons against whom the board has instituted or may institute administrative or judicial proceedings concerning possible violations of the provisions of Chapter 331, RSMo.

AUTHORITY: sections 620.010.15(6), RSMo Supp. 2003 and 331.100.2, RSMo 2000.* This rule originally filed as 4 CSR 70-2.065. Original rule filed Dec. 19, 1975, effective Dec. 29, 1975. Rescinded and readopted: Filed Dec. 9, 1981, effective April 11, 1982. Amended: Filed Oct. 13, 1982, effective Feb. 11, 1983. Amended: Filed Sept. 12, 1983, effective Jan. 13, 1984. Amended: Filed Dec. 7, 1984, effective April 11, 1985. Amended: Filed June 7, 1985, effective Oct. 26, 1985. Amended: Filed Dec. 3, 1990, effective April 29, 1991. Amended: Filed April 1, 1992, effective Sept. 6, 1992. Amended: Filed July 31, 2003, effective Jan. 30, 2004. Moved to 20 CSR 2070-2.065, effective Aug. 28, 2006.

*Original authority: 331.100.2, RSMo 1939, amended 1949, 1969, 1980, 1981; and 620.010, RSMo 1973; amended 1981, 1983, 1986, 1989, 1990, 1993, 1994, 1995, 1999, 2001.