335.068. Complaints to be sealed records, when.

MISSOURI STATUTES AND CODES

335.068. Complaints to be sealed records, when.

Complaints to be sealed records, when.

335.068. 1. If the board determines that a complaint does notconstitute a violation of the nursing practice act or that the complaint isunsubstantiated, then that complaint, and all documentation related to it,shall be deemed a sealed record. If the administrative hearing commissionor a court of competent jurisdiction makes a finding that an action broughtby the board does not constitute sufficient grounds to discipline thelicense of a licensee, that complaint, and all documentation related to it,shall be deemed a sealed record.

2. For purposes of this section, a "sealed record" shall mean thatthe complaint to which it refers shall be deemed to never have occurred.The licensee may properly reply that no record exists with respect to suchcomplaint upon any inquiry in the matter. A sealed record shall not bedisclosed or reported to any other state agency, other board of nursing, orany other organization without express, written permission of the licensee.

3. Upon determination by the board that a complaint is not aviolation of the nursing practice act or that the complaint isunsubstantiated, or upon the conclusion of litigation resulting in afinding of insufficient grounds to impose discipline upon a licensee'slicense, the board and the division of professional registration shall, ina timely fashion:

(1) Notify any other licensing board in another state or any nationalregistry regarding the board's action if they have been previously notifiedof the complaint; and

(2) Send a letter to the licensee that clearly states that the boardfound the complaint to be unsubstantiated or that litigation resulted in afinding that there are insufficient grounds to discipline the licensee'slicense, that the board has sealed all records concerning the complaint,and notify the licensee of the provisions of subsection 4 of this section.

4. Any person who has been the subject of an unsubstantiatedcomplaint as provided in subsection 1 of this section shall not be requiredto disclose the existence of such complaint in subsequent applications orrepresentations relating to their nursing professions.

5. Nothing contained in this section shall prevent the board ofnursing from maintaining such records as to ensure that all complaintsreceived by the board are properly investigated and reviewed by the boardand the results of that investigation are reported to the appropriateparties.