SECOND REGULAR SESSION

HOUSE BILL NO. 1832

95TH GENERAL ASSEMBLY


 

 

INTRODUCED BY REPRESENTATIVES WELLS (Sponsor), DOUGHERTY, SCHAAF, DENISON, SCHOELLER, WETER, POLLOCK, FLOOK, MUNZLINGER, JONES (117), COX, DIEHL, EMERY, PARSON AND RICHARD (Co-sponsors).

4495L.01I                                                                                                                                                  D. ADAM CRUMBLISS, Chief Clerk


 

AN ACT

To repeal section 337.528, RSMo, and to enact in lieu thereof one new section relating to professional counselors.




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


            Section A. Section 337.528, RSMo, is repealed and one new section enacted in lieu thereof, to be known as section 337.528, to read as follows:

            337.528. 1. If the 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 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 337.525 have been violated. Any case file documentation that does not result in the committee filing an action under subsection 2 of section 337.525 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 337.525 have been violated.

            2. Upon written request of the licensed professional counselor 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, 2010, by an individual who has been ordered to be taken into custody, detained, or held under sections 632.480 to 632.513 that did not result in the committee filing an action under subsection 2 of section 337.525, the 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 committee's actions if they have been previously notified of the complaint; and

            (3) Send a letter to the licensee that clearly states that the committee found the complaint to be unsubstantiated, that the committee 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 counseling professions.