337.068. Complaints of prisoners--disposition of certain records.
Complaints of prisoners--disposition of certain records.
337.068. 1. If the board finds merit to a complaint by an individualincarcerated or under the care and control of the department of correctionsor who has been ordered to be taken into custody, detained, or held undersections 632.480 to 632.513, RSMo, and takes further investigative action,no documentation may appear on file or disciplinary action may be taken inregards to the licensee's license unless the provisions of subsection 2 ofsection 337.035 have been violated. Any case file documentation that doesnot result in the board filing an action pursuant to subsection 2 ofsection 337.035 shall be destroyed within three months after the final casedisposition by the board. No notification to any other licensing board inanother state or any national registry regarding any investigative actionshall be made unless the provisions of subsection 2 of section 337.035 havebeen violated.
2. Upon written request of the psychologist subject to a complaint,prior to August 28, 1999, by an individual incarcerated or under the careand control of the department of corrections or prior to August 28, 2008,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 theboard filing an action pursuant to subsection 2 of section 337.035, theboard and the division of professional registration, shall in a timelyfashion:
(1) Destroy all documentation regarding the complaint;
(2) Notify any other licensing board in another state or any nationalregistry regarding the board's actions if they have been previouslynotified of the complaint; and
(3) Send a letter to the licensee that clearly states that the boardfound the complaint to be unsubstantiated, that the board has taken therequested action, and notify the licensee of the provisions of subsection 3of 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 psychology professions.
(L. 1999 H.B. 343 § 337.068 codified as 337.750, A.L. 2008 H.B. 2065)