337.528. Confidentiality of complaint documentation, when--destruction of information permitted, when.

MISSOURI STATUTES AND CODES

337.528. Confidentiality of complaint documentation, when--destruction of information permitted, when.

Confidentiality of complaint documentation, when--destruction ofinformation permitted, when.

337.528. 1. If the committee finds merit to a complaint by anindividual incarcerated or under the care and control of the department ofcorrections and takes further investigative action, no documentation mayappear on file or disciplinary action may be taken in regards to thelicensee's license unless the provisions of subsection 2 of section 337.525have been violated. Any case file documentation that does not result inthe committee filing an action under subsection 2 of section 337.525 shallbe destroyed 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 337.525 have beenviolated.

2. Upon written request of the licensed professional counselorsubject to a complaint, prior to August 28, 2007, by an individualincarcerated or under the care and control of the department of correctionsthat did not result in the committee filing an action under subsection 2 ofsection 337.525, the committee and the division of professionalregistration shall in a timely fashion:

(1) Destroy all documentation regarding the complaint;

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

(3) Send a letter to the licensee that clearly states that thecommittee found the complaint to be unsubstantiated, that the committee hastaken the requested action, and notify the licensee of the provisions ofsubsection 3 of 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 counseling professions.