HB 0866 (2025.01) Complaints against certain licensed professionals.

FIRST REGULAR SESSION

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 866

95TH GENERAL ASSEMBLY

Reported from the Committee on the Judiciary and Civil and Criminal Jurisprudence, April 15, 2009, with recommendation that the Senate Committee Substitute do pass and be placed on the Consent Calendar.

TERRY L. SPIELER, Secretary.

2025L.03C

AN ACT

To repeal sections 334.098 and 337.649, RSMo, and to enact in lieu thereof two new sections relating to complaints against certain licensed professionals.

Be it enacted by the General Assembly of the State of Missouri, as follows:

Section A. Sections 334.098 and 337.649, RSMo, are repealed and two new sections enacted in lieu thereof, to be known as sections 334.098 and 337.649, to read as follows:

334.098. 1. If the board finds merit to a complaint by an individual incarcerated or under the care and control of the department of corrections or by an individual who has been ordered to be taken into custody, detained, or held under sections 632.480 to 632.513, RSMo, and takes further investigative action, no documentation may appear on file or disciplinary action may be taken in regards to the licensee's license unless the provisions of subsection 2 of section 334.100 have been violated. Any case file documentation that does not result in the board filing an action pursuant to subsection 2 of section 334.100 shall be destroyed within three months after the final case disposition by the board. No notification to any other licensing board in another state or any national registry regarding any investigative action shall be made unless the provisions of subsection 2 of section 334.100 have been violated. 2. Upon written request of the physician subject to a complaint, prior to August 28, 1999, by an individual incarcerated or under the care and control of the department of corrections or prior to August 28, 2009, by an individual who has been ordered to be taken into custody, detained, or held under sections 632.480 to 632.513, RSMo, that did not result in the board filing an action pursuant to subsection 2 of section 334.100, the board and the division of professional registration, shall in a timely fashion:

(1) Destroy all documentation regarding the complaint;

(2) Notify any other licensing board in another state or any national registry regarding the board's actions if they have been previously notified of the complaint; and

(3) Send a letter to the licensee that clearly states that the board found the complaint to be unsubstantiated, that the board has taken the requested action, and notify the licensee of the provisions of subsection 3 of this section.

3. Any person who has been the subject of an unsubstantiated complaint as provided in subsection 1 or 2 of this section shall not be required to disclose the existence of such complaint in subsequent applications or representations relating to their medical practice.

337.649. 1. If the [board] committee finds merit to a complaint by an individual incarcerated or under the care and control of the department of corrections or by an individual who has been ordered to be taken into custody, detained, or held under sections 632.480 to 632.513, RSMo, and takes further investigative action, no documentation may appear on file or disciplinary action may be taken in regards to the licensee's license unless the provisions of subsection 2 of section 337.630 [or subsection 2 of section 337.680] have been violated. Any case file documentation that does not result in the [board] committee filing an action under and pursuant to subsection 2 of section 337.630 [or subsection 2 of section 337.680] shall be destroyed within three months after the final case disposition by the [board] committee. No notification to any other licensing board in another state or any national registry regarding any investigative action shall be made unless the provisions of subsection 2 of section 337.630 [or subsection 2 of section 337.680] have been violated.

2. Upon written request of the social worker subject to a complaint, prior to August 28, 2007, by an individual incarcerated or under the care and control of the department of corrections or prior to August 28, 2009, by an individual who has been ordered to be taken into custody, detained, or held under sections 632.480 to 632.513, RSMo, that did not result in the [board] committee filing an action under and pursuant to subsection 2 of section 337.630 [or subsection 2 of section 337.680], the [board] committee and the division of professional registration shall in a timely fashion:

(1) Destroy all documentation regarding the complaint;

(2) Notify any other licensing board in another state or any national registry regarding the board's actions if they have been previously notified of the complaint; and

(3) Send a letter to the licensee that clearly states that the [board] committee found the complaint to be unsubstantiated, that the [board] committee has taken the requested action, and notify the licensee of the provisions of subsection 3 of this section.

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