Bill Text: IA HF2009 | 2017-2018 | 87th General Assembly | Introduced


Bill Title: A bill for an act relating to the disclosure of personal identifying information of prescribing practitioners contained in the information program for drug prescribing and dispensing.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-01-10 - Introduced, referred to Human Resources. H.J. 71. [HF2009 Detail]

Download: Iowa-2017-HF2009-Introduced.html

House File 2009 - Introduced




                                 HOUSE FILE       
                                 BY  ISENHART

                                      A BILL FOR

  1 An Act relating to the disclosure of personal identifying
  2    information of prescribing practitioners contained in the
  3    information program for drug prescribing and dispensing.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 5252HH (5) 87
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PAG LIN



  1  1    Section 1.  Section 124.553, subsections 2 and 3, Code 2018,
  1  2 are amended to read as follows:
  1  3    2.  The board shall maintain a record of each person that
  1  4 requests information from the program. Pursuant to rules
  1  5 adopted by the board and advisory council under section
  1  6 124.554, the board may use the records to document and report
  1  7 statistical information, and may provide program information
  1  8 for statistical, public research, public policy, or educational
  1  9 purposes, after removing personal identifying information of a
  1 10 patient, prescribing practitioner, dispenser, or other person
  1 11 who is identified in the information, except that the fact of
  1 12 a prescribing practitioner's registration to access program
  1 13 information pursuant to board rules shall not be removed.
  1 14    3.  a.  Information Except as otherwise provided in paragraph
  1 15 "b", information contained in the program and any information
  1 16 obtained from it, and information contained in the records
  1 17 of requests for information from the program, is privileged
  1 18 and strictly confidential information. Such information is a
  1 19 confidential public record pursuant to section 22.7, and is
  1 20 not subject to discovery, subpoena, or other means of legal
  1 21 compulsion for release except as provided in this subchapter.
  1 22 Information from the program shall not be released, shared with
  1 23 an agency or institution, or made public except as provided in
  1 24 this subchapter.
  1 25    b.  The fact of a prescribing practitioner's registration
  1 26 to access program information pursuant to board rules is not
  1 27 privileged or confidential and is not a confidential public
  1 28 record pursuant to section 22.7. Such information shall be
  1 29 subject to discovery, subpoena, and other means of legal
  1 30 compulsion for release.
  1 31    Sec. 2.  Section 124.555, subsection 3, paragraph a, Code
  1 32 2018, is amended to read as follows:
  1 33    a.  Ensuring the confidentiality of the patient, prescribing
  1 34 practitioner, and dispensing pharmacist and pharmacy.
  1 35                           EXPLANATION
  2  1 The inclusion of this explanation does not constitute agreement with
  2  2 the explanation's substance by the members of the general assembly.
  2  3    This bill allows the board of pharmacy to release the fact of
  2  4 a prescribing practitioner's registration to access information
  2  5 contained in the information program for prescribing and
  2  6 dispensing, known as the prescription monitoring program, when
  2  7 reporting program information for statistical, public research,
  2  8 public policy, or educational purposes. The bill also excludes
  2  9 the fact of a prescribing practitioner's registration from
  2 10 the privilege and confidentiality protections provided to
  2 11 other information in the program. The bill does not alter the
  2 12 confidential nature of personal identifying information of
  2 13 patients, dispensers, or others identified in the program.
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