334.612. Complaints by persons incarcerated, no documentation or disciplinary action permitted, when--destruction of records permitted, when.

MISSOURI STATUTES AND CODES

334.612. Complaints by persons incarcerated, no documentation or disciplinary action permitted, when--destruction of records permitted, when.

Complaints by persons incarcerated, no documentation or disciplinaryaction permitted, when--destruction of records permitted, when.

334.612. 1. If the board finds merit to a complaint by an individualincarcerated or under the care and control of the department of correctionsand takes further investigative action, no documentation shall appear onfile or disciplinary action shall be taken in regards to the licensee'slicense unless the provisions of subsection 2 of section 334.613 have beenviolated. Any case file documentation that does not result in the boardfiling an action under subsection 2 of section 334.613 shall be destroyedwithin three months after the final case disposition by the board. Nonotification to any other licensing board in another state or any nationalregistry regarding any investigative action shall be made unless theprovisions of subsection 2 of section 334.613 have been violated.

2. Upon written request of the physical therapist or physicaltherapist assistant subject to a complaint prior to August 28, 1999, by anindividual incarcerated or under the care and control of the department ofcorrections that did not result in the board filing an action described insubsection 2 of section 334.613, the board and the division of professionalregistration shall in a timely fashion:

(1) Destroy all documentation regarding the complaint;

(2) If previously notified of the complaint, notify any otherlicensing board in another state or any national registry regarding theboard's actions; 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 practice.