Section 161.409

Title XI EDUCATION AND LIBRARIES

Chapter 161

Effective - 28 Aug 1994   

  161.409.  Confidentiality of all reports and records maintained by commission — violation, penalty — release of information, no liability, exception. — 1.  The commission shall ensure the confidentiality of all reports and records made pursuant to sections 161.400 to 161.411 and maintained by the commission.

  2.  Only designated staff of the commission shall have access to the reports and records in which a hearing loss was substantiated.

  3.  The commission shall not reveal the identity of a person diagnosed with a hearing loss, a reporting professional clinical audiologist, otolaryngologist, hearing aid fitter and dealer, hospital or clinic.

  4.  The data accumulated through the reporting system established in section 161.407 may be made public by the commission to advance research, education and services regarding persons with hearing loss.  However, the data shall be organized in such a manner that no individual may be identified.

  5.  Any person who knowingly violates the provisions of this section, or who permits or encourages the unauthorized dissemination of information contained in the reports and records of the commission made pursuant to sections 161.400 to 161.411, shall be guilty of a class A misdemeanor.

  6.  No individual or organization providing information to the commission in accordance with sections 161.400 to 161.411 shall be held liable in a civil or criminal action for divulging confidential information unless such individual or organization acted in bad faith or with malicious purpose.

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(L. 1994 H.B. 1044 merged with S.B. 568)