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Spearman v. Western Missouri Mental Health Center6/30/2003
of Section 191.227.1. Robinson v. Health Midwest Dev. Group, 58 S.W.3d 519, 522 (Mo. banc 2001).
The rule that a more specific statute governs over a more general statute only applies in situations where there is a "necessary repugnancy" between the statutes. Greenbriar Hills Country Club v. Dir. of Revenue, 47 S.W.3d 346, 352 (Mo. banc 2001). WMMHC has failed to assert any conflict between Sections 191.227.1 and 630.140 that would necessarily preclude application of the general medical records release statute. Both statutes allow the release of medical records under certain conditions and the general release provision of Section 191.227.1 does not permit disclosure to any party specifically prohibited by Section 630.140. We find no conflicting language between the statutes, nor is there any language indicating the legislature's intent to make the statutes mutually exclusive. Id. In the absence of a necessary repugnancy between the two statutes, the circuit court did not err in applying Section 191.227.1 to the facts of this case.
As the authorized legal representative of her son's estate, Spearman was entitled to production of her son's medical records pursuant to Section 191.227.1. The circuit court properly ruled in Spearman's favor on Count II.
Conclusion
The judgment of the circuit court is reversed on Count I and affirmed on Count II.
All concur.
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