210.921. Release of registry information, when--limitations of disclosure--immunity from liability, when.

MISSOURI STATUTES AND CODES

210.921. Release of registry information, when--limitations of disclosure--immunity from liability, when.

Release of registry information, when--limitations ofdisclosure--immunity from liability, when.

210.921. 1. The department shall not provide any registryinformation pursuant to this section unless the department obtains the nameand address of the person calling, and determines that the inquiry is foremployment purposes only. For purposes of sections 210.900 to 210.936,"employment purposes" includes direct employer-employee relationships,prospective employer-employee relationships, and screening and interviewingof persons or facilities by those persons contemplating the placement of anindividual in a child-care, elder-care, mental health, or personal-caresetting. Disclosure of background information concerning a given applicantrecorded by the department in the registry shall be limited to:

(1) Confirming whether the individual is listed in the registry; and

(2) Indicating whether the individual has been listed or named in anyof the background checks listed in subsection 2 of section 210.903. Ifsuch individual has been so listed, the department of health and seniorservices shall only disclose the name of the background check in which theindividual has been identified. With the exception of any agency licensedor contracted by the state to provide child care, elder care, mental healthservices, or personal care which shall receive specific informationimmediately if requested, any specific information related to suchbackground check shall only be disclosed after the department has receiveda signed request from the person calling, with the person's name, addressand reason for requesting the information.

2. Any person requesting registry information shall be informed thatthe registry information provided pursuant to this section consists only ofinformation relative to the state of Missouri and does not includeinformation from other states or information that may be available fromother states.

3. Any person who uses the information obtained from the registry forany purpose other than that specifically provided for in sections 210.900to 210.936 is guilty of a class B misdemeanor.

4. When any registry information is disclosed pursuant to subdivision(2) of subsection 1 of this section, the department shall notify theregistrant of the name and address of the person making the inquiry.

5. The department of health and senior services staff providinginformation pursuant to sections 210.900 to 210.936 shall have immunityfrom any liability, civil or criminal, that otherwise might result byreason of such actions; provided, however, any department of health andsenior services staff person who releases registry information in bad faithor with ill intent shall not have immunity from any liability, civil orcriminal. Any such person shall have the same immunity with respect toparticipation in any judicial proceeding resulting from the release ofregistry information. The department is prohibited from selling theregistry or any portion of the registry for any purpose includingemployment purposes as defined in subsection 1 of this section.