197.500. Employee disqualification list to be maintained. - Missouri Statutes

Employee disqualification list to be maintained.

197.500. 1. The department shall maintain an employeedisqualification list and place on the employee disqualification list thenames of any persons who are or who have been employed by any entitylicensed pursuant to this chapter and who have been finally determined bythe department pursuant to section 660.315, RSMo, to have knowingly orrecklessly abused or neglected a patient. For the purpose of this section,"abuse" and "neglect" shall have the same meanings as such terms aredefined in section 198.006, RSMo. For purposes of this section only,"knowingly" and "recklessly" shall have the meanings that are ascribed tothem in this section. A person acts "knowingly" with respect to theperson's conduct when a reasonable person should be aware of the resultcaused by his or her conduct. A person acts "recklessly" when the personconsciously disregards a substantial and unjustifiable risk that theperson's conduct will result in serious physical injury and such disregardconstitutes a gross deviation from the standard of care that a reasonableperson would exercise in the situation.

2. The department shall compile and maintain an employeedisqualification list in the same manner as the employee disqualificationlist compiled and maintained by the department pursuant to section 660.315,RSMo.

(L. 2003 S.B. 556 & 311)