HB 2109 -- Disclosure of Mental Health Information

Co-Sponsors:  Lawson, Shields

This bill revises provisions pertaining to the disclosure of
confidential mental health information by the Department of
Mental Health and provisions pertaining to the employment
disqualification registry maintained by the department.  The
bill:

(1)  Authorizes mental health facilities to disclose information
and records to the Department of Health and Senior Services for
the purposes of reporting or investigating abuse, neglect, or
violation of the rights of patients, clients, or residents;

(2)  Authorizes the department to disclose suspected reports of
mental health patient abuse and investigative reports to the
Department of Health and Senior Services.  The department is
required to maintain the confidentiality of any information,
report, or record received;

(3)  Prohibits persons listed on the disqualification registry of
the departments of Mental Health, Health and Senior Services, and
Social Services or persons who plead guilty or who enter a plea
of nolo contendere to any crime from working at any facility or
day program operated, funded, or licensed by the department;

(4)  Prohibits persons who enter a plea of guilty or nolo
contendere to specified felonies against another person or
persons who violate the reporting requirements concerning the
abuse or neglect of patients in long-term care facilities from
working in any direct care position in any public or private
facility or day program operated, funded, or licensed by the
department; and

(5)  Disqualifies persons who receive a suspended imposition of a
sentence or a suspended execution of a sentence following a plea
of guilty from working in any mental health facility or day
program or working in any mental health direct care position.

The appeal of a disqualification by a person to the Director of
the Department of Mental Health or the director's designee does
not cover persons listed on the disqualification lists of the
departments of Social Services and Health and Senior Services or
persons disqualified from employment for committing specified
crimes.

Applicants for a direct care position in any public or private
facility, day program, or specialized service operated, funded,
or licensed by the department are required to sign a consent form
for a criminal record review.

Persons who receive a "good cause" waiver issued by the
Department of Health and Senior Services are not required to
receive an additional exception required by the bill for the
purpose of obtaining employment in a licensed long-term care
facility.

Public and private residential facilities, day programs, and
specialized services operated, funded, or licensed by the
department who hire a person in a full-time, part-time, or
temporary position are required to request a criminal background
check and to check the disqualification lists of the departments
of Social Services, Health and Senior Services, and Mental Health
no later than two business days after the person begins
employment.

Missouri House of Representatives
Last Updated October 11, 2002 at 9:03 am