334.098. Disposition of certain records.

MISSOURI STATUTES AND CODES

334.098. Disposition of certain records.

Disposition of certain records.

334.098. 1. If the board finds merit to a complaint by an individualincarcerated or under the care and control of the department of correctionsor by an individual who has been ordered to be taken into custody,detained, or held under sections 632.480 to 632.513, RSMo, and takesfurther investigative action, no documentation may appear on file ordisciplinary action may be taken in regards to the licensee's licenseunless the provisions of subsection 2 of section 334.100 have beenviolated. Any case file documentation that does not result in the boardfiling an action pursuant to subsection 2 of section 334.100 shall bedestroyed within three months after the final case disposition by theboard. No notification to any other licensing board in another state orany national registry regarding any investigative action shall be madeunless the provisions of subsection 2 of section 334.100 have beenviolated.

2. Upon written request of the physician subject to a complaint,prior to August 28, 1999, by an individual incarcerated or under the careand 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, RSMo, that did not result in theboard filing an action pursuant to subsection 2 of section 334.100, theboard and the division of professional registration, shall in a timelyfashion:

(1) Destroy all documentation regarding the complaint;

(2) Notify any other licensing board in another state or any nationalregistry regarding the board's actions if they have been previouslynotified of the complaint; and

(3) Send a letter to the licensee that clearly states that the boardfound the complaint to be unsubstantiated, that the board has taken therequested action, and notify the licensee of the provisions of subsection 3of this section.

3. Any person who has been the subject of an unsubstantiatedcomplaint as provided in subsection 1 or 2 of this section shall not berequired to disclose the existence of such complaint in subsequentapplications or representations relating to their medical practice.