Missouri Revised Statutes













Chapter 334

Physicians and Surgeons--Therapists--Athletic Trainers--Health Care Providers

←334.097

Section 334.098.1

334.099→

August 28, 2015

Disposition of certain records.

334.098. 1. If the board finds merit to a complaint by an individual

incarcerated or under the care and control of the department of corrections

or by an individual who has been ordered to be taken into custody, detained,

or held under sections 632.480 to 632.513 and takes further investigative

action, no documentation may appear on file or disciplinary action may be

taken in regards to the licensee's license unless the provisions of

subsection 2 of section 334.100 have been violated. Any case file

documentation that does not result in the board filing an action pursuant to

subsection 2 of section 334.100 shall be destroyed within three months after

the final case disposition by the board. No notification to any other

licensing board in another state or any national registry regarding any

investigative action shall be made unless the provisions of subsection 2 of

section 334.100 have been violated.



2. Upon written request of the physician subject to a complaint, prior to

August 28, 1999, by an individual incarcerated or under the care and control

of the department of corrections or prior to August 28, 2009, by an individual

who has been ordered to be taken into custody, detained, or held under

sections 632.480 to 632.513 that did not result in the board filing an action

pursuant to subsection 2 of section 334.100, the board and the division of

professional registration, shall in a timely fashion:



(1) Destroy all documentation regarding the complaint;



(2) Notify any other licensing board in another state or any national

registry regarding the board's actions if they have been previously notified

of the complaint; and



(3) Send a letter to the licensee that clearly states that the board

found the complaint to be unsubstantiated, that the board has taken the

requested action, and notify the licensee of the provisions of subsection 3

of this section.



3. Any person who has been the subject of an unsubstantiated complaint as

provided in subsection 1 or 2 of this section shall not be required to

disclose the existence of such complaint in subsequent applications or

representations relating to their medical practice.



(L. 1999 H.B. 343, A.L. 2009 H.B. 866)





1999



1999



334.098. 1. If the board finds merit to a complaint by an individual

incarcerated or under the care and control of the department of corrections

and takes further investigative action, no documentation may appear on file

or disciplinary action may be taken in regards to the licensee's license

unless the provisions of subsection 2 of section 334.100 have been

violated. Any case file documentation that does not result in the board

filing an action pursuant to subsection 2 of section 334.100 shall be

destroyed within three months after the final case disposition by the

board. No notification to any other licensing board in another state or

any national registry regarding any investigative action shall be made

unless the provisions of subsection 2 of section 334.100 have been

violated.



2. Upon written request of the physician subject to a complaint,

prior to August 28, 1999, by an individual incarcerated or under the care

and control of the department of corrections that did not result in the

board filing an action pursuant to subsection 2 of section 334.100, the

board and the division of professional registration, shall in a timely

fashion:



(1) Destroy all documentation regarding the complaint;



(2) Notify any other licensing board in another state or any national

registry regarding the board's actions if they have been previously

notified of the complaint; and



(3) Send a letter to the licensee that clearly states that the board

found the complaint to be unsubstantiated, that the board has taken the

requested action, and notify the licensee of the provisions of subsection 3

of this section.



3. Any person who has been the subject of an unsubstantiated

complaint as provided in subsection 1 or 2 of this section shall not be

required to disclose the existence of such complaint in subsequent

applications or representations relating to their medical practice.



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