217.075. Offender records, public records, exceptions--inspection of, when--access to medical records--copies admissible as evidence--violations, penalty.
Offender records, public records, exceptions--inspection of,when--access to medical records--copies admissible asevidence--violations, penalty.
217.075. 1. All offender records compiled, obtained, prepared ormaintained by the department or its divisions shall be designated publicrecords within the meaning of chapter 610, RSMo, except:
(1) Any information, report, record or other document pertaining toan offender's personal medical history, which shall be a closed record;
(2) Any information, report, record or other document in the controlof the department or its divisions authorized by federal or state law to bea closed record;
(3) Any internal administrative report or document relating toinstitutional security.
2. The court of jurisdiction, or the department, may at theirdiscretion permit the inspection of the department reports or parts of suchreports by the offender, whenever the court or department determines thatsuch inspection is in the best interest or welfare of the offender.
3. The department may permit inspection of its files by treatmentagencies working with the department in the treatment of the offender.
4. No department employee shall have access to any material closed bythis section unless such access is necessary for the employee to carry outhis duties. The department by rule shall determine what departmentemployees or other persons shall have access to closed records and theprocedures needed to maintain the confidentiality of such closed records.
5. No person, association, firm, corporation or other agency shallknowingly solicit, disclose, receive, publish, make use of, authorize,permit, participate in or acquiesce in the use of any name or lists ofnames for commercial or political purposes of any nature in violation ofthis section.
6. All health care providers and hospitals who have cared foroffenders during the period of the offender's incarceration shall provide acopy of all medical records in their possession related to such offenderupon demand from the department's health care administrator. Thedepartment shall provide reasonable compensation for the cost of suchcopies and no health care provider shall be liable for breach ofconfidentiality when acting pursuant to this subsection.
7. Copies of all papers, documents, or records compiled, obtained,prepared or maintained by the department or its divisions, properlycertified by the appropriate division, shall be admissible as evidence inall courts and in all administrative tribunals in the same manner and withlike effect as the originals, whenever the papers, documents, or recordsare either designated by the department of corrections as public recordswithin the meaning of chapter 610, RSMo, or are declared admissible asevidence by a court of competent jurisdiction or administrative tribunal ofcompetent jurisdiction.
8. Any person found guilty of violating the provisions of thissection shall be guilty of a class A misdemeanor.
(L. 1982 H.B. 1196 § 18, A.L. 1989 H.B. 408, A.L. 1995 H.B. 424)