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House Amendment 1043

Amendment Text

PAG LIN
  1  1    Amend House File 235 as follows:
  1  2    #1.  By striking everything after the enacting
  1  3 clause and inserting the following:
  1  4    "Section 1.  NEW SECTION.  144.29A  MEDICAL
  1  5 PROCEDURES IN A CLINIC – REPORTING.
  1  6    1.  A health care provider who initially performs
  1  7 medical procedures on a patient in a medical clinic
  1  8 shall file with the department a report for each
  1  9 medical procedure within thirty days of the
  1 10 occurrence.  The report shall contain all of the
  1 11 following information with respect to each medical
  1 12 procedure:
  1 13    a.  The confidential health care provider code as
  1 14 assigned by the department.
  1 15    b.  The report tracking number.
  1 16    c.  The state of residence and, if this state, the
  1 17 county of residence of the patient.
  1 18    d.  The race of the patient.
  1 19    e.  The age of the patient.
  1 20    f.  The marital status of the patient.
  1 21    g.  The educational level of the patient.
  1 22    h.  The number of previous medical procedures
  1 23 performed on the patient.
  1 24    i.  The month and year in which the medical
  1 25 procedure occurred.
  1 26    j.  Complications, if any.
  1 27    k.  The cause of the need for the medical
  1 28 procedure, if known.
  1 29    l.  The type of medical procedure.
  1 30    2.  It is the intent of the general assembly that
  1 31 the information shall be collected, reproduced,
  1 32 released, and disclosed in a manner specified by rule
  1 33 of the department, pursuant to chapter 17A, which
  1 34 ensures the anonymity of the patient who experiences a
  1 35 medical procedure, the health care provider who
  1 36 performs the medical procedure, and the clinic in
  1 37 which the medical procedure is performed.  The
  1 38 department may share information with federal public
  1 39 health officials for the purposes of securing federal
  1 40 funding or conducting public health research.
  1 41 However, in sharing the information, the department
  1 42 shall not relinquish control of the information, and
  1 43 any agreement entered into by the department with
  1 44 federal public health officials to share information
  1 45 shall prohibit the use, reproduction, release, or
  1 46 disclosure of the information by federal public health
  1 47 officials in a manner which violates this section.
  1 48 The department shall publish, annually, a demographic
  1 49 summary of the information obtained pursuant to this
  1 50 section, except that the department shall not
  2  1 reproduce, release, or disclose any information
  2  2 obtained pursuant to this section which reveals the
  2  3 identity of any patient, health care provider, or
  2  4 clinic, and shall ensure anonymity in the following
  2  5 ways:
  2  6    a.  The department shall use a report tracking
  2  7 number, a confidential health care provider code, and
  2  8 the identity of a clinic for the sole purpose of
  2  9 information collection and verification prior to entry
  2 10 of the information.  Following collection and
  2 11 verification of the information, the department shall
  2 12 use, reproduce, release, and disclose any information
  2 13 collected only for the purpose of annually publishing
  2 14 the demographic summary.
  2 15    b.  The department shall enter the information,
  2 16 from any report submitted, within thirty days of
  2 17 receipt of the report, and shall immediately destroy
  2 18 the report following entry of the information.
  2 19 However, entry of the information from a report shall
  2 20 not include any health care provider or clinic
  2 21 identification information including, but not limited
  2 22 to, the confidential health care provider code, as
  2 23 assigned by the department.
  2 24    c.  To protect confidentiality, the department
  2 25 shall limit release of information to release in an
  2 26 aggregate form which avoids identification of any
  2 27 individual patient, health care provider, or clinic.
  2 28 For the purposes of this paragraph, "aggregate form"
  2 29 means a compilation of the information received by the
  2 30 department of medical procedures for each information
  2 31 item listed, with the exceptions of the report
  2 32 tracking number, the health care provider code, and
  2 33 any set of information for which the amount is so
  2 34 small that confidentiality of any person to whom the
  2 35 information relates may be compromised.
  2 36    3.  Except as specified in subsection 2, reports,
  2 37 information, and records submitted and maintained
  2 38 pursuant to this section are strictly confidential and
  2 39 shall not be released or made public upon subpoena,
  2 40 search warrant, discovery proceedings, or by any other
  2 41 means.
  2 42    4.  The department shall assign a code to any
  2 43 health care provider who may be required to report a
  2 44 medical procedure under this section.  An application
  2 45 procedure shall not be required for assignment of a
  2 46 code to a health care provider.
  2 47    5.  A health care provider shall assign a report
  2 48 tracking number which enables the health care provider
  2 49 to access the patient's medical information without
  2 50 identifying the patient.
  3  1    6.  To ensure proper performance of the reporting
  3  2 requirements under this section, it is preferred that
  3  3 a health care provider authorize one staff person to
  3  4 fulfill the reporting requirements.
  3  5    7.  For the purposes of this section, "health care
  3  6 provider" means an individual licensed under chapter
  3  7 148, 148C, 148D, 150, 150A, or 152, or any individual
  3  8 who provides medical services under the authorization
  3  9 of the licensee.
  3 10    Sec. 2.  Section 144.52, Code 1997, is amended by
  3 11 adding the following new subsection:
  3 12    NEW SUBSECTION.  7.  Violates a provision of
  3 13 section 144.29A."
  3 14    #2.  Title page, lines 1 and 2, by striking the
  3 15 words:  "terminations of pregnancy" and inserting the
  3 16 following:  "medical procedures performed in a medical
  3 17 clinic".  
  3 18 
  3 19 
  3 20                               
  3 21 GRUNDBERG of Polk
  3 22 HF 235.701 77
  3 23 pf/sc/28
     

Text: H01042                            Text: H01044
Text: H01000 - H01099                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

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