210.921 Release of registry information, when — limitations of disclosure — immunity from liability, when

The department shall not provide any registry information pursuant to this section unless the department obtains the name and address of the person calling, and determines that the inquiry is for employment purposes only.  For purposes of sections 210.900 to 210.936, “employment purposes” includes direct employer-employee relationships, prospective employer-employee relationships, and screening and interviewing of persons or facilities by those persons contemplating the placement of an individual in a child-care, elder-care, mental health, or personal-care setting.  Disclosure of background information concerning a given applicant recorded by the department in the registry shall be limited to:

  (1)  Confirming whether the individual is listed in the registry; and

  (2)  Indicating whether the individual has been listed or named in any of the background checks listed in subsection 2 of section 210.903.  If such individual has been so listed, the department of health and senior services shall only disclose the name of the background check in which the individual has been identified.  With the exception of any agency licensed or contracted by the state to provide child care, elder care, mental health services, or personal care which shall receive specific information immediately if requested, any specific information related to such background check shall only be disclosed after the department has received a signed request from the person calling, with the person’s name, address and reason for requesting the information.

  2.  Any person requesting registry information shall be informed that the registry information provided pursuant to this section consists only of information relative to the state of Missouri and does not include information from other states or information that may be available from other states.

  3.  Any person who uses the information obtained from the registry for any purpose other than that specifically provided for in sections 210.900 to 210.936 is guilty of a class B misdemeanor.

  4.  When any registry information is disclosed pursuant to subdivision (2) of subsection 1 of this section, the department shall notify the registrant of the name and address of the person making the inquiry.

  5.  The department of health and senior services staff providing information pursuant to sections 210.900 to 210.936 shall have immunity from any liability, civil or criminal, that otherwise might result by reason of such actions; provided, however, any department of health and senior services staff person who releases registry information in bad faith or with ill intent shall not have immunity from any liability, civil or criminal.  Any such person shall have the same immunity with respect to participation in any judicial proceeding resulting from the release of registry information.  The department is prohibited from selling the registry or any portion of the registry for any purpose including employment purposes as defined in subsection 1 of this section.

(L. 1999 H.B. 490 & H.B. 308 § 10, A.L. 2001 S.B. 48, A.L. 2008 S.B. 1081)