641—1.7 (135,139A) Investigation of reportable diseases. A health care provider and a public, private, or hospital clinical laboratory shall assist in a disease investigation conducted by the department, a local board, or a local department.
	 1.7(1) A health care provider and a clinical laboratory shall provide the department, local board, or local department with all information necessary to conduct the investigation, including but not limited to medical records; exposure histories; medical histories; contact information; and test results necessary to the investigation, including positive, pending, and negative test results.
	 1.7(2) Issuance of investigatory subpoenas.
	  a.   	 The department may upon the written request of a local board of health, the state public health medical director and epidemiologist or designee, or the state public health veterinarian or designee, subpoena records, reports, or any other evidence necessary to conduct a disease investigation. The subpoena shall be signed by the division director of the division of acute disease prevention and emergency response or the division director’s designee following review and approval of the written request for subpoena.
	  b.   	 A written request for a subpoena shall contain the following:
	 (1) 	 The name and address of the person, facility, or entity to which the subpoena will be directed;
	 (2) 	 A specific description of the records, reports, or other evidence requested; and
	 (3) 	 An explanation of why the documents sought to be subpoenaed are necessary for the department to conduct the disease investigation.
	  c.   	 Each subpoena shall contain:
	 (1) 	 The name and address of the person, facility, or entity to which the subpoena is directed;
	 (2) 	 A description of the records, reports, or other evidence requested;
	 (3) 	 The date, time, and location for production, inspection, or copying;
	 (4) 	 The time within which a motion to quash or modify the subpoena must be filed;
	 (5) 	 The signature, address, and telephone number of the division director;
	 (6) 	 The date of issuance; and
	 (7) 	 A return of service.
	  d.   	 Process to challenge a subpoena.
	 (1) 	 Any person who is aggrieved or adversely affected by compliance with the subpoena and who desires to challenge the subpoena must, within five days after service of the subpoena, or before the time specified for compliance if such time is less than five days, file with the department a motion to quash or modify the subpoena. The motion shall describe the reasons why the subpoena should be quashed or modified, and may be accompanied by legal briefs or factual affidavits.
	 (2) 	 Upon receipt of a timely motion to quash or modify a subpoena, the department may request an administrative law judge to issue a decision. Oral argument may be scheduled at the discretion of the administrative law judge. The administrative law judge may quash or modify the subpoena, deny the motion, or issue an appropriate protective order.
	 (3) 	 A person aggrieved by a ruling of an administrative law judge who desires to challenge that ruling must appeal the ruling to the department by serving on the department director, either in person or by certified mail, a notice of appeal within ten days after the service of the decision of the administrative law judge. The department director’s decision is final for purposes of judicial review.
	  e.   	 Subpoenas issued under this subrule and requests, motions, and pleadings related to the issuance of subpoenas are confidential pursuant to Iowa Code sections 139A.3 and 22.7.
[ARC 8231B, IAB 10/7/09, effective 11/11/09]