Policy for Release of Public Records

PURPOSE: This rule establishes the policy in compliance with sections 610.010–610.030, RSMo, regarding the release of information on any meeting, record, or vote of the board. (1) The Missouri Board for Respiratory Care is a public governmental body as defined in Chapter 610, RSMo, and adopts the following as its policy for compliance with the provisions of that chapter. This policy is open to public inspection and implements Chapter 610, RSMo, provisions regarding the release of information of any meeting, record, or vote of the board which is not closed under this chapter or any other state statute or federal regulation. (2) All public records of the Missouri Board for Respiratory Care shall be open for inspection and copying by any member of the general public during normal business hours except for those records closed under sections 610.021 or 620.010.14(7), RSMo, or any other federal or state statute or regulation that require the records to remain closed. All public meetings of the Missouri Board for Respiratory Care not closed under the aforementioned sections of this rule or applicable sections of state or federal laws or rules will be open to the public. (3) The director of the Division of Professional Registration or a designated representative of the division shall be the custodian of records pursuant to section 610.023, RSMo. The division is responsible for maintaining board records and responding to requests for access to public records. (4) The division may charge a reasonable fee pursuant to rules promulgated by the board for the cost for researching, inspecting, and copying the records. Charges and payments of the fees shall be based on the following: (A) The division may require payment of fees prior to making copies and the fee for copying records shall not exceed the actual cost of the document search and duplication; and (B) All fees collected shall be remitted to the director of revenue for deposit to the credit of the Respiratory Care Practitioners Fund. (5) If the custodian believes that requested access is not required under Chapter 610, RSMo, the custodian shall consult with the Office of the Attorney General before deciding whether to deny access to the records. If contact with that office is not practicable or is impossible, the custodian may decide whether to deny access. However, in that case, the custodian shall consult with the Office of the Attorney General within five (5) working days of the decision. When access is denied, the custodian will comply with the requirements in section 610.023, RSMo, concerning informing the individual requesting access to the records and shall supply to members of the board copies of the written denial. (6) The custodian shall maintain a file of copies of all written requests for access to records and responses to the requests. That file shall be maintained as a public record of the board for inspection by any member of the general public during regular business hours. AUTHORITY: sections 334.800, 334.840.2, 334.850, and 610.010–610.200, RSMo 2016.* This rule originally filed as 4 CSR 255-1.020. Original rule filed June 25, 1998, effective Jan. 30, 1999. Moved to 20 CSR 2255-1.020, effective Aug. 28, 2006. Amended: Filed March 9, 2018, effective Sept. 30, 2018. *Original authority: 334.800, RSMo 1996, amended 1999, 2008; 334.840, RSMo 1996; 334.850, RSMo 1996, amended 1999, 2009; and 610.010–610.200, RSMo. (see Revised Statutes of Missouri 1994 and Supp. 1997.)