Text: HSB00716 Text: HSB00718 Text: HSB00700 - HSB00799 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 622.10, Code 1995, is amended to read 1 2 as follows: 1 3 622.10 COMMUNICATIONS IN PROFESSIONAL CONFIDENCE – 1 4 EXCEPTIONS – REQUIRED CONSENT TO RELEASE OF MEDICAL RECORDS 1 5 – APPLICATION TO COURT. 1 6 1. A practicing attorney, counselor, physician, surgeon, 1 7physician'sphysician assistant, mental health professional, 1 8 or the stenographer or confidential clerk of any such person, 1 9 who obtains information by reason of the person's employment, 1 10 or a member of the clergy shall not be allowed, in giving 1 11 testimony, to disclose any confidential communication properly 1 12 entrusted to the person in the person's professional capacity, 1 13 and necessary and proper to enable the person to discharge the 1 14 functions of the person's office according to the usual course 1 15 of practice or discipline. 1 16 2. The prohibition does not apply to cases where the 1 17 person in whose favor the prohibition is made waives the 1 18 rights conferred; nor does the prohibition apply to physicians 1 19 or surgeons,physician'sphysician assistants, mental health 1 20 professionals, or to the stenographer or confidential clerk of 1 21 any physicians or surgeons,physician'sphysician assistants, 1 22 or mental health professionals, in a civil action in which the 1 23 condition of the person in whose favor the prohibition is made 1 24 is an element or factor of the claim or defense of the person 1 25 or of any party claiming through or under the person. The 1 26 evidence is admissible upon trial of the action only as it 1 27 relates to the condition alleged. 1 28 3. a. If a written request is made to a physician or 1 29 surgeon, physician assistant, or mental health professional by 1 30 an adverse party for the patient records of a plaintiff in a 1 31 civil action in which the condition of the plaintiff in whose 1 32 favor the prohibition is made is an element or factor of the 1 33 claim or a defense of the adverse party or of any party 1 34 claiming through or under the adverse party, and the records 1 35 relate to the condition alleged, the physician or surgeon, 2 1 physician assistant, or mental health professional shall 2 2 notify the plaintiff of the request and the plaintiff shall 2 3 sign a consent within twenty-eight days of receipt of the 2 4 notification, authorizing the physician or surgeon, physician 2 5 assistant, or mental health professional to do all of the 2 6 following: 2 7 (1) Provide a complete copy of the patient's records, 2 8 including but not limited to any reports of third parties or X 2 9 rays relating to the condition. 2 10 (2) Allow the adverse party to review the original patient 2 11 records relating to the condition alleged. 2 12 (3) Review other health care records, films, and documents 2 13 relating to the condition alleged and furnished by the 2 14 attorney of the adverse party, prior to providing testimony. 2 15 (4) Confer with the attorney of the adverse party prior to 2 16 providing testimony regarding the plaintiff's medical history 2 17 and the condition alleged, opinions regarding health etiology 2 18 and prognosis for the condition alleged, and opinions 2 19 regarding the care provided to the plaintiff by other health 2 20 care providers for the condition alleged. 2 21 b. If a plaintiff fails to sign a consent within the 2 22 prescribed time period, or if a physician or surgeon, 2 23 physician assistant, or mental health professional fails to 2 24 comply with the request, the court may order disclosure or 2 25 compliance or the failure may be grounds for dismissal of the 2 26 action. 2 27 4. If an adverse party desires the oral deposition, either 2 28 discovery or evidentiary, of a physician or surgeon, 2 29physician'sphysician assistant, or mental health professional 2 30 to which the prohibition would otherwise apply or the 2 31 stenographer or confidential clerk of a physician or surgeon, 2 32physician'sphysician assistant, or mental health professional 2 33 or desires to call a physician or surgeon,physician's2 34 physician assistant, or mental health professional to which 2 35 the prohibition would otherwise apply or the stenographer or 3 1 confidential clerk of a physician or surgeon,physician's3 2 physician assistant, or mental health professional as a 3 3 witness at the trial of the action, the adverse party shall 3 4 file an application with the court for permission to do so. 3 5 The court upon hearing, which shall not be ex parte, shall 3 6 grant permission unless the court finds that the evidence 3 7 sought does not relate to the condition alleged and shall fix 3 8 a reasonable fee to be paid to the physician or surgeon, 3 9physician'sphysician assistant, or mental health professional 3 10 by the party taking the deposition or calling the witness. 3 11 5. For the purposes of this section, "mental health 3 12 professional" means a psychologist licensed under chapter 3 13 154B, a registered nurse licensed under chapter 152, a social 3 14 worker licensed under chapter 154C, a marital and family 3 15 therapist licensed under chapter 154D, a mental health 3 16 counselor licensed under chapter 154D, or an individual 3 17 holding at least a master's degree in a related field as 3 18 deemed appropriate by the board of behavioral science 3 19 examiners. 3 20 6.NoA qualified school guidance counselor, who has met 3 21 the certification and accreditation standards of the 3 22 department of education as provided in section 256.11, 3 23 subsection 10, who obtains information by reason of the 3 24 counselor's employment as a qualified school guidance 3 25 counselor shall not be allowed, in giving testimony, to 3 26 disclose any confidential communications properly entrusted to 3 27 the counselor by a pupil or the pupil's parent or guardian in 3 28 the counselor's capacity as a qualified school guidance 3 29 counselor and necessary and proper to enable the counselor to 3 30 perform the counselor's duties as a qualified school guidance 3 31 counselor. 3 32 EXPLANATION 3 33 This bill provides a procedure for the furnishing of a 3 34 plaintiff's patient records by a physician or surgeon, 3 35 physician assistant, or mental health professional to an 4 1 adverse party in a civil action in which the condition of the 4 2 plaintiff is an element or factor of the claim or is a defense 4 3 of the adverse party or of any party claiming through or under 4 4 the adverse party, if the record relates to the condition 4 5 alleged. The bill provides that if a request for patient 4 6 records is made, the plaintiff shall sign a consent within 28 4 7 days of the receipt of notification by the physician or 4 8 surgeon, physician assistant, or mental health professional of 4 9 the written request authorizing the physician or surgeon, 4 10 physician assistant, or mental health professional to do all 4 11 of the following: provide a complete copy of the patient's 4 12 records; allow the adverse party to review the original 4 13 patient record; review other records, films, and documents 4 14 relating to the alleged condition; and confer with the adverse 4 15 party's attorney regarding the patient's medical history, the 4 16 etiology and prognosis for the condition alleged, and opinions 4 17 of other health care professionals regarding the condition 4 18 alleged. If the plaintiff fails to sign the consent form 4 19 within the 28-day period, the court may order disclosure or 4 20 compliance with the requirements or may dismiss the action. 4 21 LSB 4134HC 76 4 22 pf/cf/24
Text: HSB00716 Text: HSB00718 Text: HSB00700 - HSB00799 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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