Relating to confidentiality of family planning records, with a penalty provision.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF MISSOURI, AS FOLLOWS:

     Section 1. Any direct or indirect recipient of family planning funds appropriated by the general assembly to the department of health who fails to maintain the confidentiality of family planning records as required by law is guilty of a misdemeanor and shall be fined not more than five thousand dollars for each violation of this section.

     Section 2. 1. The department of health may promulgate rules and regulations regarding the confidentiality of family planning records that are maintained by recipients of funds appropriated by the general assembly to the department of health for family planning services.

     2. If a recipient violates a rule or regulation regarding the confidentiality of family planning records, the department of health may withhold payment of family planning funds owed to a recipient for the fiscal year, if practical, in which a violation of the rule or regulation occurred or in the succeeding fiscal year. The right to withhold payment shall:

     (1) Be in addition to and not in substitution for any other remedy available by law; and

     (2) Continue until the recipient complies with all the rules and regulations promulgated by the department regarding confidentiality of family planning records.

     3. No rule or portion of a rule promulgated pursuant to the authority of this section shall become effective unless it has been promulgated pursuant to the provisions of section 536.024, RSMo.