House Journal: Page 1232: Tuesday, April 13, 1999

22   social work pursuant to chapter 154C, behavioral

23   science pursuant to chapter 154D, or licensed as a
24   physician assistant pursuant to chapter 148C, a
25   hospital licensed pursuant to chapter 135B, and a
26   health care facility licensed pursuant to chapter
27   135C.
28     b.  "Health care record" includes but is not
29   limited to evaluations, diagnoses, prognoses,
30   treatment, history, charts, pictures, laboratory
31   reports, X rays, prescriptions, and other technical
32   information used in assessing a patient's condition.
33     2.  Upon the written request of a patient, a health
34   care provider shall allow the patient to inspect and
35   shall provide the patient with a duplicate of the
36   health care record of the patient.  The health care
37   provider may charge a fee, as established by rule of
38   the department, for duplication of the record.
39     3.  A health care provider may withhold the record
40   from the patient if the provider reasonably determines
41   that the information is detrimental to the physical or
42   mental health of the patient, or is likely to cause
43   the patient to harm the patient or another person.  If
44   a record is withheld from the patient under this
45   subsection, the health care provider may provide
46   access to the record or a duplicate of the record to
47   the patient's attorney or personal physician upon
48   request of the patient.
49     4.  The department shall adopt rules pursuant to
50   chapter 17A prescribing uniform fees, based upon the
Page 2  
 1   actual cost of duplication, that a health care
 2   provider may charge for duplication of health care
 3   records requested by a patient under this section.
 4   The rules may provide for an additional fee based upon
 5   the actual costs for postage or other means of
 6   delivery and may provide for an annual increase based
 7   upon the annual rate of inflation for the preceding
 8   calendar year as determined by the consumer price
 9   index published by the bureau of labor statistics of
10   the United States department of labor."
11     2.  By renumbering as necessary.
Hansen of Pottawattamie rose on a point of order that amendment 
H-1182 was not germane.
The Speaker ruled the point well taken and amendment H-1182 
not germane.

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