BERKSTRESSER AND CIERPIOT.
Read 1st time February 3, 2000, and 1000 copies ordered printed.
ANNE C. WALKER, Chief Clerk
AN ACT
To amend chapter 193, RSMo, relating to vital statistics by adding thereto one new section relating to confidentiality of birth records, with penalty provisions.
Section A. Chapter 193, RSMo, is amended by adding thereto one new section, to be known as section 193.089, to read as follows:
193.089. 1. If requested by a birth parent or parents, the department of health and health care facilities that provide birthing services shall maintain the confidentiality of all information and records relating to the birth of a child. Such request shall be in writing, and included as part of the medical records of the mother and child maintained by the health care facility and the birth record of the child maintained by the bureau of vital records.
2. Every health care facility that provides birthing services shall, upon admission, inform birth parents of their right to request the nondisclosure of birth information and records.
3. The confidential birth information and records referred to in subsection 1 of this section may be disclosed as follows:
(1) For use by any government agency, including any court or law enforcement agency, in carrying out its official functions, or any private person or entity acting on behalf of a federal, state or local agency in carrying out its official functions;
(2) For use in research activities and producing statistical reports, so long as the personal information is not published, disclosed or used to contact individuals;
(3) For use by any insurer, or its agents, employees or contractors, in connection with claims investigation activities, antifraud activities, rating or underwriting; or
(4) For use by any requester, if the requester demonstrates he or she has obtained the written consent of the individual, or such individual's parents or guardian if a minor, to whom the information pertains.
4. Any person who knowingly obtains, sells or discloses personal information from a confidential birth record for any use not authorized by this section is guilty of a class A misdemeanor.
5. Any person who makes false representations to obtain any personal information from an individual's confidential birth record is guilty of a class B misdemeanor.
6. The department of health shall, by rule, establish procedures to implement the provisions of this section. No rule
or portion of a rule promulgated pursuant to the provisions of this section shall become effective unless it has been
promulgated pursuant to chapter 536, RSMo.