335.097. Board of nursing, powers, enforcement. - Missouri Statutes

Board of nursing, powers, enforcement.

335.097. 1. The president or secretary of the board of nursing mayadminister oaths, issue subpoenas duces tecum and require production ofdocuments and records. Subpoenas duces tecum shall be served by a personauthorized to serve subpoenas of courts of record. In lieu of requiringattendance of a person to produce original documents in response to asubpoena duces tecum, the board may require sworn copies of such documentsto be filed with it or delivered to its designated representative.

2. The board may enforce its subpoenas duces tecum by applying to acircuit court of Cole County, the county of the investigation, hearing orproceeding, or any county where the person resides or may be found, for anorder upon any person who shall fail to comply with a subpoena duces tecumto show cause why such subpoena should not be enforced, which such orderand a copy of the application therefor shall be served upon the person inthe same manner as a summons in a civil action, and if the circuit courtshall, after a hearing, determine that the subpoena duces tecum should besustained and enforced, such court shall proceed to enforce the subpoenaduces tecum in the same manner as though the subpoena duces tecum had beenissued in a civil case in the circuit court.

3. Reports made to the board under the mandated reportingrequirements as defined in chapter 383, RSMo, shall not be deemed aviolation of the federal Health Insurance Portability and AccountabilityAct (HIPAA) and the privacy rules located in the Act because the Missouristate board of nursing qualifies as a health oversight agency as defined inthe HIPAA privacy rules.

(L. 1999 H.B. 343 § 4, A.L. 2007 H.B. 780 merged with S.B. 308)