43.540. Criminal record review--definitions--patrol to conduct review, when, procedure, confidentiality, violation, penalty--patrol to provide forms. - Missouri Statutes

Criminal record review--definitions--patrol to conduct review, when,procedure, confidentiality, violation, penalty--patrol to provideforms.

43.540. 1. As used in this section, the following terms mean:

(1) "Authorized state agency", a division of state government or anoffice of state government designated by the statutes of Missouri to issueor renew a license, permit, certification, or registration of authority toa qualified entity;

(2) "Care", the provision of care, treatment, education, training,instruction, supervision, or recreation;

(3) "Missouri criminal record review", a review of criminal historyrecords and sex offender registration records pursuant to sections 589.400to 589.425, RSMo, maintained by the Missouri state highway patrol in theMissouri criminal records repository;

(4) "National criminal record review", a review of the criminalhistory records maintained by the Federal Bureau of Investigation;

(5) "Patient or resident", a person who by reason of age, illness,disease or physical or mental infirmity receives or requires care orservices furnished by a provider, as defined in this section, or whoresides or boards in, or is otherwise kept, cared for, treated oraccommodated in a facility as defined in section 198.006, RSMo, for aperiod exceeding twenty-four consecutive hours;

(6) "Provider", a person who:

(a) Has or may have unsupervised access to children, the elderly, orpersons with disabilities; and

(b) a. Is employed by or seeks employment with a qualified entity;or

b. Volunteers or seeks to volunteer with a qualified entity; or

c. Owns or operates a qualified entity;

(7) "Qualified entity", a person, business, or organization, whetherpublic or private, for profit, not for profit, or voluntary, that providescare, placement, or educational services for children, the elderly, orpersons with disabilities as patients or residents, including a business ororganization that licenses or certifies others to provide care or placementservices;

(8) "Youth services agency", any public or private agency, school, orassociation which provides programs, care or treatment for or whichexercises supervision over minors.

2. A qualified entity may obtain a Missouri criminal record review ofa provider from the highway patrol by furnishing information on forms andin the manner approved by the highway patrol.

3. A qualified entity may request a Missouri criminal record reviewand a national criminal record review of a provider through an authorizedstate agency. No authorized state agency is required by this section toprocess Missouri or national criminal record reviews for a qualifiedentity, however, if an authorized state agency agrees to process Missouriand national criminal record reviews for a qualified entity, the qualifiedentity shall provide to the authorized state agency on forms and in amanner approved by the highway patrol the following:

(1) Two sets of fingerprints of the provider if a national criminalrecord review is requested;

(2) A statement signed by the provider which contains:

(a) The provider's name, address, and date of birth;

(b) Whether the provider has been convicted of or has pled guilty toa crime which includes a suspended imposition of sentence;

(c) If the provider has been convicted of or has pled guilty to acrime, a description of the crime, and the particulars of the conviction orplea;

(d) The authority of the qualified entity to check the provider'scriminal history;

(e) The right of the provider to review the report received by thequalified entity; and

(f) The right of the provider to challenge the accuracy of thereport. If the challenge is to the accuracy of the criminal record review,the challenge shall be made to the highway patrol.

4. The authorized state agency shall forward the required forms andfees to the highway patrol. The results of the record review shall beforwarded to the authorized state agency who will notify the qualifiedentity. The authorized state agency may assess a fee to the qualifiedentity to cover the cost of handling the criminal record review and mayestablish an account solely for the collection and dissemination of feesassociated with the criminal record reviews.

5. Any information received by an authorized state agency or aqualified entity pursuant to the provisions of this section shall be usedsolely for internal purposes in determining the suitability of a provider.The dissemination of criminal history information from the Federal Bureauof Investigation beyond the authorized state agency or related governmentalentity is prohibited. All criminal record check information shall beconfidential and any person who discloses the information beyond the scopeallowed is guilty of a class A misdemeanor.

6. The highway patrol shall make available or approve the necessaryforms, procedures, and agreements necessary to implement the provisions ofthis section.

(L. 1988 H.B. 1559 § 1, A.L. 1991 H.B. 566, A.L. 1994 S.B. 693, A.L. 1996 H.B. 1362, A.L. 2002 S.B. 758 merged with S.B. 969, et al., A.L. 2003 S.B. 184, A.L. 2004 H.B. 1055 merged with H.B. 1453)

CROSS REFERENCE:

No charge for background check of homeless former members of militia or armed forces, 610.103