HOUSE BILL NO. 2805 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE YOUNG.
6468H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To repeal section 217.075, RSMo, and to enact in lieu thereof three new sections relating to offenders in the custody of the department of corrections, with a penalty provision.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 217.075, RSMo, is repealed and three new sections enacted in lieu 2 thereof, to be known as sections 217.075, 217.312, and 217.1200, to read as follows: 217.075. 1. All offender records compiled, obtained, prepared or maintained by the 2 department or its divisions shall be designated public records within the meaning of chapter 3 610 except: 4 (1) Any information, report, record or other document pertaining to an offender's 5 personal medical history, which shall be a closed record; 6 (2) Any information, report, record or other document in the control of the 7 department or its divisions authorized by federal or state law to be a closed record; 8 (3) Any internal administrative report or document relating to institutional security. 9 2. The court of jurisdiction, or the department, may at their discretion permit the 10 inspection of the department reports or parts of such reports by the offender, whenever the 11 court or department determines that such inspection is in the best interest or welfare of the 12 offender. 13 3. Department records may be automated and made available to: 14 (1) Treatment agencies working with the department in the treatment of the offender; 15 (2) Law enforcement agencies; or 16 (3) Qualified persons and organizations for research, evaluative, and statistical 17 purposes under written agreements reasonably designed to ensure the security and
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language. HB 2805 2
18 confidentiality of the information and the protection of the privacy interests of the individuals 19 who are subjects of the records. 20 4. No department employee shall have access to any material closed by this section 21 unless such access is necessary for the employee to carry out his duties. The department by 22 rule shall determine what department employees or other persons shall have access to closed 23 records and the procedures needed to maintain the confidentiality of such closed records. 24 5. No person, association, firm, corporation or other agency shall knowingly solicit, 25 disclose, receive, publish, make use of, authorize, permit, participate in or acquiesce in the 26 use of any name or lists of names for commercial or political purposes of any nature in 27 violation of this section. 28 6. All health care providers and hospitals who have cared for offenders during the 29 period of the offender's incarceration shall provide a copy of all medical records in their 30 possession related to such offender upon demand from the department's health care 31 administrator. The department shall provide reasonable compensation for the cost of such 32 copies and no health care provider shall be liable for breach of confidentiality when acting 33 pursuant to this subsection. 34 7. Notwithstanding any provision of law to the contrary, the department shall 35 provide to an offender, or to an offender's personal representative, electronic copies of 36 all medical records related to such offender while in the custody of the department upon 37 request from the offender or the offender's personal representative. Such electronic 38 copies shall be provided within thirty days of an offender's request and at no cost to the 39 offender. 40 [7.] 8. Copies of all papers, documents, or records compiled, obtained, prepared or 41 maintained by the department or its divisions, properly certified by the appropriate division, 42 shall be admissible as evidence in all courts and in all administrative tribunals in the same 43 manner and with like effect as the originals, whenever the papers, documents, or records are 44 either designated by the department of corrections as public records within the meaning of 45 chapter 610 or are declared admissible as evidence by a court of competent jurisdiction or 46 administrative tribunal of competent jurisdiction. 47 [8.] 9. Any person found guilty of violating the provisions of this section shall be 48 guilty of a class A misdemeanor. 217.312. 1. On delivery of the offender to the reception and diagnostic center, he 2 or she shall be given the opportunity to designate a personal representative. 3 2. The department shall develop a form for offenders to make a personal 4 representative designation. Such form, which shall be made available to the offender in 5 a paper and an electronic format, shall include the personal representative's name and HB 2805 3
6 relationship to the offender, mailing address, email address, phone number, and birth 7 date. 8 3. The director may promulgate all necessary rules and regulations for the 9 administration of this section. Any rule or portion of a rule, as that term is defined in 10 section 536.010, that is created under the authority delegated in this section shall 11 become effective only if it complies with and is subject to all of the provisions of chapter 12 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable 13 and if any of the powers vested with the general assembly pursuant to chapter 536 to 14 review, to delay the effective date, or to disapprove and annul a rule are subsequently 15 held unconstitutional, then the grant of rulemaking authority and any rule proposed or 16 adopted after August 28, 2026, shall be invalid and void. 217.1200. 1. The department of corrections may develop a hospice care training 2 program within the state prison system. The department of corrections, in cooperation 3 with the department of health and senior services and the department of commerce and 4 insurance, may jointly partner in the program to determine the appropriate training for 5 the purpose of obtaining licensure or certification required for inmates selected to 6 participate in the program. 7 2. The department of corrections, the department of health and senior services, 8 and the division of professional registration within the department of commerce and 9 insurance shall jointly approve program curriculum for the training of eligible inmates 10 currently in the custody of the department of corrections. The curriculum shall include 11 required program credits for each subject and practical skills instruction. Training 12 shall be provided by a licensed physician, registered nurse, or other appropriately 13 licensed or trained health care professional, as determined by the department of health 14 and senior services and the division of professional registration. 15 3. Upon successful completion of the training program provided for under 16 subsection 2 of this section, the department of corrections shall issue a program 17 completion certificate to the inmate. The department of corrections in cooperation with 18 the department of health and senior services and the division of professional registration 19 shall develop a process for submission of notice of training completion and application 20 for licensure or certification to the division of professional registration, as prescribed by 21 the department of health and senior services. 22 4. The department of health and senior services, in consultation with the 23 department of corrections and the department of commerce and insurance, shall have 24 the authority to promulgate rules for the administration of this section, including 25 implementation of the curriculum, as provided for under subsection 2 of this section, 26 and for continuing education or training requirements necessary for maintaining state HB 2805 4
27 certification in good standing. Any rule or portion of a rule, as that term is defined in 28 section 536.010, that is created under the authority delegated in this section shall 29 become effective only if it complies with and is subject to all of the provisions of chapter 30 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable 31 and if any of the powers vested with the general assembly pursuant to chapter 536 to 32 review, to delay the effective date, or to disapprove and annul a rule are subsequently 33 held unconstitutional, then the grant of rulemaking authority and any rule proposed or 34 adopted after August 28, 2026, shall be invalid and void. 35 5. Nothing in this section shall be construed as establishing a right to 36 employment for any licensed hospice provider. ✔
Statutes affected: