Effective - 28 Aug 2007
335.068. Complaints to be sealed records, when. — 1. If the board determines that a complaint does not constitute a violation of the nursing practice act or that the complaint is unsubstantiated, then that complaint, and all documentation related to it, shall be deemed a sealed record. If the administrative hearing commission or a court of competent jurisdiction makes a finding that an action brought by the board does not constitute sufficient grounds to discipline the license of a licensee, that complaint, and all documentation related to it, shall be deemed a sealed record.
2. For purposes of this section, a "sealed record" shall mean that the complaint to which it refers shall be deemed to never have occurred. The licensee may properly reply that no record exists with respect to such complaint upon any inquiry in the matter. A sealed record shall not be disclosed or reported to any other state agency, other board of nursing, or any other organization without express, written permission of the licensee.
3. Upon determination by the board that a complaint is not a violation of the nursing practice act or that the complaint is unsubstantiated, or upon the conclusion of litigation resulting in a finding of insufficient grounds to impose discipline upon a licensee's license, the board and the division of professional registration shall, in a timely fashion:
(1) Notify any other licensing board in another state or any national registry regarding the board's action if they have been previously notified of the complaint; and
(2) Send a letter to the licensee that clearly states that the board found the complaint to be unsubstantiated or that litigation resulted in a finding that there are insufficient grounds to discipline the licensee's license, that the board has sealed all records concerning the complaint, and notify the licensee of the provisions of subsection 4 of this section.
4. Any person who has been the subject of an unsubstantiated complaint as provided in subsection 1 of this section shall not be required to disclose the existence of such complaint in subsequent applications or representations relating to their nursing professions.
5. Nothing contained in this section shall prevent the board of nursing from maintaining such records as to ensure that all complaints received by the board are properly investigated and reviewed by the board and the results of that investigation are reported to the appropriate parties.
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(L. 1999 H.B. 343, A.L. 2007 H.B. 780 merged with S.B. 308)
Structure Missouri Revised Statutes
Title XXII - Occupations and Professions
Section 335.011 - Short title.
Section 335.016 - Definitions.
Section 335.017 - Intravenous fluids, administration requirements for practical nurses.
Section 335.019 - Certificate of controlled substance prescriptive authority, issued when.
Section 335.021 - Board of nursing — members' qualifications, appointments, how made.
Section 335.031 - Immunity of board members performing official duties.
Section 335.046 - License, application for — qualifications for, fee — hearing on denial of license.
Section 335.051 - Reciprocity — license without examination, temporary license, when.
Section 335.056 - Renewal of license, when due, fee — unlicensed practice prohibited.
Section 335.061 - Reinstatement of license, when — inactive status, board may provide for.
Section 335.068 - Complaints to be sealed records, when.
Section 335.071 - Nursing schools, standards for approval, fees — noncompliance, effect of.
Section 335.075 - Verification of licensure prior to hiring.
Section 335.076 - Titles, R.N., L.P.N., and APRN, who may use.
Section 335.081 - Exempted practices and practitioners.
Section 335.086 - Use of fraudulent credentials prohibited.
Section 335.096 - Penalty for violation.
Section 335.097 - Board of nursing, powers, enforcement.
Section 335.099 - Licensed practical nurse, additional authorized acts.
Section 335.175 - Utilization of telehealth by nurses established — rulemaking authority.
Section 335.200 - Nurse education incentive grants — definitions.
Section 335.212 - Definitions.
Section 335.218 - Nurse loan repayment fund established — administration.
Section 335.224 - Contracts for repayment of loans.
Section 335.227 - Eligibility for loan.
Section 335.230 - Financial assistance, amount.
Section 335.233 - Schedule for repayment of loan — interest, amount.
Section 335.236 - Repayment of loan — when.
Section 335.239 - Deferral of repayment of loans — when.
Section 335.242 - Action to recover loans due.
Section 335.245 - Definitions.
Section 335.251 - Loan repayment contract — qualified employment — recovery of amounts due.
Section 335.254 - Law not to require certain contracts.
Section 335.257 - Verification of qualified employment.
Section 335.360 - Findings and declaration of purpose.
Section 335.365 - Definitions.
Section 335.370 - General provisions and jurisdiction.
Section 335.375 - Applications for licensure in a party state.
Section 335.380 - Additional authorities invested in party state licensing boards.
Section 335.385 - Coordinated licensure information system and exchange of information.
Section 335.400 - Oversight, dispute resolution and enforcement.
Section 335.405 - Effective date, withdrawal and amendment.
Section 335.410 - Construction and severability.
Section 335.415 - Head of the nurse licensing board defined.