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SECOND REGULAR SESSION
HOUSE BILL NO. 2805
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE YOUNG.
6468H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o repeal section 217.075, RSMo, and to enact in lieu thereof three new sections relating to
of fenders 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Section A. Section 217.075, RSMo, is repealed and three new sections enacted in lieu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 of fender 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 of fender'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 of fender , whenever the
11 court or department determines that such inspection is in the best interest or welfare of the
12 of fender .
13 3. Department records may be automated and made available to:
14 (1) T reatment agencies working with the department in the treatment of the of fender;
15 (2) Law enforcement agencies; or
16 (3) Qualified persons and or ganizations for research, evaluative, and statistical
17 purposes under written agreements reasonably designed to ensure the security and
EXPLANA TION — 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.
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 of fenders during the
29 period of the of fender's incarceration shall provide a copy of all medical records in their
30 possession related to such of fender 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 provi sion of law to the contrary , the department shall
35 pr ovide to an offender , or to an offender's personal repr esentative, electr onic copies of
36 all medical record s rela ted to such offender while in the custody of the department upon
37 r equest fr om the offender or the offender's personal repr esentative. Such electr onic
38 copies shall be pr ovided within thirty days of an offender's r equest 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 re ception and diagnostic center , he
2 or she shall be given the opportunity to designate a personal rep res entative.
3 2. The department shall develop a form for offenders to make a personal
4 r epresent ative designation. Such form, which shall be made available to the offender in
5 a paper and an electr onic format, shall include the personal r epresent ative's name and
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6 r elationship to the offender , mailing addr ess, email addr ess, phone number , and birth
7 date.
8 3. The director may pro mulgate all necessary rules and regul ations 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 crea ted under the authority delegated in this section shall
11 become effective only if it complies with and is subject to all of the provi sions 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 r eview , to delay the effective date, or to disappr ove and annul a rule are subsequently
15 held unconstitutional, then the grant of rulemaking authority and any rule pr oposed or
16 adopted after August 28, 2026, shall be invalid and void.
217.1200. 1. The department of corr ections may develop a hospice care training
2 pr ogram within the state prison system. The department of corr ections, in cooperation
3 with the department of health and senior services and the department of commerc e and
4 insurance, may jointly partner in the pro gram to determine the appr opriate training for
5 the purpose of obtaining licensure or certification req uired for inmates selected to
6 participate in the prog ram.
7 2. The department of corr ections, the department of health and senior services,
8 and the division of profes sional r egistration within the department of commer ce and
9 insurance shall jointly appr ove pro gram curriculum for the training of eligible inmates
10 curr ently in the custody of the department of correct ions. The curriculum shall include
11 r equir ed progra m credits for each subject and practical skills instruction. T raining
12 shall be pro vided by a licensed physician, regist ered nurse, or other appr opriately
13 licensed or trained health care profession al, as determined by the department of health
14 and senior services and the division of pr ofessional regi stration.
15 3. Upon successful completion of the training prog ram pro vided for under
16 subsection 2 of this section, the department of corr ections shall issue a pr ogram
17 completion certificate to the inmate. The department of corr ections in cooperation with
18 the department of health and senior services and the division of profes sional regist ration
19 shall develop a pr ocess for submission of notice of training completion and application
20 for licensur e or certification to the division of pr ofessional registra tion, as prescrib ed 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 correc tions and the department of commer ce and insurance, shall have
24 the authority to pro mulgate rules for the administration of this section, including
25 implementation of the curriculum, as pr ovided for under subsection 2 of this section,
26 and for continuing education or training re quir ements necessary for maintaining state
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27 certification in good standing. Any rule or portion of a rule, as that term is defined in
28 section 536.010, that is crea ted under the authority delegated in this section shall
29 become effective only if it complies with and is subject to all of the provi sions 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 r eview , to delay the effective date, or to disappr ove and annul a rule are subsequently
33 held unconstitutional, then the grant of rulemaking authority and any rule pr oposed 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 provi der .
✔
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