1. An Iowa child death review team is established as an independent agency of state government. The Iowa department of public health shall provide staffing and administrative support to the team.
2. The membership of the review team is subject to the provisions of sections 69.16 and 69.16A, relating to political affiliation and gender balance. Review team members who are not designated by another appointing authority shall be appointed by the director of public health in consultation with the director of human services. Membership terms shall be for three years. A membership vacancy shall be filled in the same manner as the original appointment. The review team shall elect a chairperson and other officers as deemed necessary by the review team. The review team shall meet upon the call of the chairperson, upon the request of a state agency, or as determined by the review team. The members of the team are eligible for reimbursement of actual and necessary expenses incurred in the performance of their official duties.
The review team shall include the following:
a. The state medical examiner or the state medical examiner's designee.
b. A certified or licensed professional who is knowledgeable concerning sudden infant death syndrome.
c. A pediatrician who is knowledgeable concerning deaths of children.
d. A family practice physician who is knowledgeable concerning deaths of children.
e. One mental health professional who is knowledgeable concerning deaths of children.
f. One social worker who is knowledgeable concerning deaths of children.
g. A certified or licensed professional who is knowledgeable concerning domestic violence.
h. A professional who is knowledgeable concerning substance abuse.
i. A local law enforcement official.
j. A county attorney.
k. An emergency room nurse who is knowledgeable concerning the deaths of children.
l. A perinatal expert.
m. A representative of the health insurance industry.
n. One other appointed at large.
3. The review team shall perform the following duties:
a. Collect, review, and analyze child death certificates and child death data, including patient records or other pertinent confidential information concerning the deaths of children age six or younger, and other information as the review team deems appropriate for use in preparing an annual report to the governor and the general assembly concerning the causes and manner of child deaths. The report shall include analysis of factual information obtained through review and recommendations regarding prevention of child deaths.
b. Recommend to the governor and the general assembly interventions to prevent deaths of children based on an analysis of the cause and manner of such deaths.
c. Recommend to the agencies represented on the review team changes which may prevent child deaths.
d. Maintain the confidentiality of any patient records or other confidential information reviewed.
e. Develop protocols for and establish a committee to review child abuse investigations which involve the death of a child.
4. The following individuals shall designate a liaison to assist the review team in fulfilling its responsibilities:
a. The director of public health.
b. The director of human services.
c. The commissioner of public safety.
d. The administrator of the division of vital records of the Iowa department of public health.
e. The attorney general.
f. The director of transportation.
g. The director of the department of education.
5. The review team may establish subcommittees to which the team may delegate some or all of the team's responsibilities under subsection 3.
6. a. The Iowa department of public health and the department of human services shall adopt rules providing for disclosure of information which is confidential under chapter 22 or any other provision of state law, to the review team for purposes of performing its child death and child abuse review responsibilities.
b. A person in possession or control of medical, investigative, or other information pertaining to a child death and child abuse review shall allow the inspection and reproduction of the information by the department upon the request of the department, to be used only in the administration and for the duties of the Iowa child death review team. Information and records which are confidential under section 22.7 and chapter 235A, and information or records received from the confidential records, remain confidential under this section. A person does not incur legal liability by reason of releasing information to the department as required under and in compliance with this section.
7. Review team members and their agents are immune from any liability, civil or criminal, which might otherwise be incurred or imposed as a result of any act, omission, proceeding, decision, or determination undertaken or performed, or recommendation made as a review team member or agent provided that the review team members or agents acted in good faith and without malice in carrying out their official duties in their official capacity. The department shall adopt rules pursuant to chapter 17A to administer this subsection. A complainant bears the burden of proof in establishing malice or lack of good faith in an action brought against review team members involving the performance of their duties and powers under this section.
8. A person who releases or discloses confidential data, records, or any other type of information in violation of this section is guilty of a serious misdemeanor.
95 Acts, ch 147, §2; 97 Acts, ch 159, § 3, 4
Legislative findings and purpose; 95 Acts, ch 147, § 1
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