337.649. Documentation and disciplinary action prohibited, when--request to destroy documentation permitted, when--disclosure of complaint not required, when.
Documentation and disciplinary action prohibited, when--request todestroy documentation permitted, when--disclosure of complaintnot required, when.
337.649. 1. If the committee finds merit to a complaint by anindividual incarcerated or under the care and control of the department ofcorrections or by an individual who has been ordered to be taken intocustody, detained, or held under sections 632.480 to 632.513, RSMo, andtakes further investigative action, no documentation may appear on file ordisciplinary action may be taken in regards to the licensee's licenseunless the provisions of subsection 2 of section 337.630 have beenviolated. Any case file documentation that does not result in thecommittee filing an action under and pursuant to subsection 2 of section337.630 shall be destroyed within three months after the final casedisposition by the committee. No notification to any other licensing boardin another state or any national registry regarding any investigativeaction shall be made unless the provisions of subsection 2 of section337.630 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 careand 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 thecommittee filing an action under and pursuant to subsection 2 of section337.630, the committee and the division of professional registration shallin a timely fashion:
(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 thecommittee found the complaint to be unsubstantiated, that the committee hastaken the requested action, and notify the licensee of the provisions ofsubsection 3 of 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 social work professions.
(L. 2007 H.B. 555 § 337.640 merged with S.B. 272, A.L. 2009 H.B. 866)