Disciplinary Process and Report
Pursuant to state regulations, 19 CSR 73 Chapter 2, the Missouri Board of Nursing Home Administrators (Board) receives and processes each referral or complaint made against any Missouri licensed administrator, applicant or individual, that alleges certain acts or practices that may constitute one or more violations of the provisions of Chapter 344, RSMo.
Any member of the public or profession, or any federal, state or local official, may refer or file a complaint with the Board. Complaints are submitted to the Board in writing and need to fully identify their maker by name and address; however, the Board does accept anonymous written complaints from the public. Complaints can be submitted on the form provided on the Public Complaints. Oral or telephone communications will not be considered or processed as complaints or referrals. Any person attempting to make an oral or telephone complaint or referral against an individual will be directed to provide it in writing. The Board acknowledges each complaint received in writing that the complaint is being investigated and will be referred to the Board’s Disciplinary Review Committee (DRC) for consideration following the investigation.
Since 2002, the DRC has received notification from the Section for Long-Term Care Regulation any time a Notice of Noncompliance has been issued to long-term care facilities, pursuant to section 198.026.3, RSMo. Upon receipt of the notification, the Board sends a letter to the administrator of the long-term care facility that the referral was received.
The DRC reviews and evaluates the complaint or referral, relevant Statement of Deficiencies, and any related materials. A careful review of that documentation may cause the Board to invite the Administrator for an informal interview to hear his/her perspective, or the committee may request that the Administrator answer specific questions in writing and produce documentary evidence.
The DRC makes their recommendation to the Board at the next Board meeting. The Board will vote on the recommendation. The Board can vote to refer the matter to the legal counsel who drafts a settlement agreement which is a legal term for the "charges" that the Board wishes to bring against the administrator. Most of the time, the issue can be "settled" without going in front of the Administrative Hearing Commission (AHC) in a formal hearing.