Section 344.045

Title XXII OCCUPATIONS AND PROFESSIONS

Chapter 344

Effective - 28 Aug 2023   

  344.045.  Complaint procedures, duties of the board. — 1.  The board shall receive complaints concerning its licensees' professional practices.  The board shall establish by rule a procedure for the handling of such complaints prior to the filing of formal complaints before the administrative hearing commission.  The rule shall provide, at a minimum, for the logging of each complaint received, the recording of the licensee's name, the name of the complaining party, the date of the complaint, and a brief statement of the complaint and its ultimate disposition.  The rule shall provide for informing the complaining party of the progress of the investigation, the dismissal of the charges, or the filing of a complaint before the administrative hearing commission.

  2.  Notwithstanding any other provision of law, no complaint, investigatory report, or information received from any source shall be disclosed prior to its review by the board.

  3.  At its discretion, the board may disclose complaints, completed investigatory reports, and information obtained from state administrative and law enforcement agencies to a licensee or license applicant in order to further an investigation or to facilitate settlement negotiations.

  4.  Information obtained from a federal administrative or law enforcement agency shall be disclosed only upon receipt of written consent to the disclosure from the federal administrative or law enforcement agency.

  5.  At its discretion, the board may disclose complaints and investigatory reports if any such disclosure is:

  (1)  In the course of voluntary interstate exchange of information;

  (2)  In accordance with a lawful request; or

  (3)  To other state or federal administrative or law enforcement agencies acting within the scope of their statutory authority.

  6.  Except where disclosure is specifically authorized in this section and as described in section 610.021, deliberations, votes, or minutes of closed proceedings shall not be subject to disclosure or discovery.  Once a final disposition is rendered, that decision shall be made available to the parties and the public.

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(L. 2023 S.B. 157)