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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