Missouri Revised Statutes













Chapter 217

Department of Corrections

←217.070

Section 217.075.1

217.080→

August 28, 2015

Offender records, public records, exceptions--inspection of, when--access to medical records--copies admissible as evidence--violations, penalty.

217.075. 1. All offender records compiled, obtained, prepared or

maintained by the department or its divisions shall be designated public

records within the meaning of chapter 610 except:



(1) Any information, report, record or other document pertaining to an

offender's personal medical history, which shall be a closed record;



(2) Any information, report, record or other document in the control of

the department or its divisions authorized by federal or state law to be a

closed record;



(3) Any internal administrative report or document relating to

institutional security.



2. The court of jurisdiction, or the department, may at their discretion

permit the inspection of the department reports or parts of such reports by

the offender, whenever the court or department determines that such

inspection is in the best interest or welfare of the offender.



3. The department may permit inspection of its files by treatment

agencies working with the department in the treatment of the offender.



4. No department employee shall have access to any material closed by

this section unless such access is necessary for the employee to carry out

his duties. The department by rule shall determine what department employees

or other persons shall have access to closed records and the procedures

needed to maintain the confidentiality of such closed records.



5. No person, association, firm, corporation or other agency shall

knowingly solicit, disclose, receive, publish, make use of, authorize,

permit, participate in or acquiesce in the use of any name or lists of names

for commercial or political purposes of any nature in violation of this

section.



6. All health care providers and hospitals who have cared for offenders

during the period of the offender's incarceration shall provide a copy of all

medical records in their possession related to such offender upon demand from

the department's health care administrator. The department shall provide

reasonable compensation for the cost of such copies and no health care

provider shall be liable for breach of confidentiality when acting pursuant

to this subsection.



7. Copies of all papers, documents, or records compiled, obtained,

prepared or maintained by the department or its divisions, properly certified

by the appropriate division, shall be admissible as evidence in all courts

and in all administrative tribunals in the same manner and with like effect

as the originals, whenever the papers, documents, or records are either

designated by the department of corrections as public records within the

meaning of chapter 610 or are declared admissible as evidence by a court of

competent jurisdiction or administrative tribunal of competent jurisdiction.



8. Any person found guilty of violating the provisions of this section

shall be guilty of a class A misdemeanor.



(L. 1982 H.B. 1196 § 18, A.L. 1989 H.B. 408, A.L. 1995 H.B. 424)







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