1. Notwithstanding chapter 22, the confidentiality of all dependent adult abuse information shall be maintained, except as specifically provided by subsections 2 and 3.
2. Access to dependent adult abuse information other than unfounded dependent adult abuse information is authorized only to the following persons:
a. A subject of a report including all of the following:
(1) To an adult named in a report as a victim of abuse or to the adult's attorney or guardian ad litem.
(2) To a guardian or legal custodian, or that person's attorney, of an adult named in a report as a victim of abuse.
(3) To the person or the attorney for the person named in a report as having abused an adult.
b. A person involved in an investigation of dependent adult abuse including all of the following:
(1) A health practitioner or mental health professional who is examining, attending, or treating an adult whom such practitioner or professional believes or has reason to believe has been the victim of abuse or to a health practitioner or mental health professional whose consultation with respect to an adult believed to have been the victim of abuse is requested by the department.
(2) An employee or agent of the department responsible for the investigation of a dependent adult abuse report or for the purpose of performing record checks as required under section 135C.33.
(3) A representative of the department involved in the certification or accreditation of an agency or program providing care or services to a dependent adult believed to have been a victim of abuse.
(4) A law enforcement officer responsible for assisting in an investigation of a dependent adult abuse allegation.
(5) A multidisciplinary team, if the department of human services approves the composition of the multidisciplinary team and determines that access to the team is necessary to assist the department in the investigation, diagnosis, assessment, and disposition of a case of dependent adult abuse.
(6) The mandatory reporter who reported the dependent adult abuse in an individual case.
(7) Each board of examiners specified under chapter 147 and the Iowa department of public health for the purpose of licensure, certification or registration, disciplinary investigation, or the renewal of licensure, certification or registration, or disciplinary proceedings of health care professionals.
c. A person providing care to an adult including all of the following:
(1) A licensing authority for a facility providing care to an adult named in a report.
(2) A person authorized as responsible for the care or supervision of an adult named in a report as a victim of abuse or a person named in a report as having abused an adult if the court or registry deems access to dependent adult abuse information by such person to be necessary.
(3) An employee or agent of the department responsible for registering or licensing or approving the registration or licensing of a person, or to an individual providing care to an adult and regulated by the department.
(4) The legally authorized protection and advocacy agency recognized pursuant to section 135C.2 if a person identified in the information as a victim or a perpetrator of abuse resided in or receives services from a facility or agency because the person is diagnosed as having a developmental disability or a mental illness.
(5) To an administrator of an agency certified by the department of human services to provide services under a medical assistance home and community-based services waiver, if the information concerns a person employed by or being considered by the agency for employment.
(6) To the administrator of an agency providing mental health, mental retardation, or developmental disability services under a county management plan developed pursuant to section 331.439, if the information concerns a person employed by or being considered by the agency for employment.
d. Relating to judicial and administrative proceedings, persons including all of the following:
(1) A court upon a finding that information is necessary for the resolution of an issue arising in any phase of a case involving dependent adult abuse.
(2) A court or administrative agency hearing an appeal for correction of dependent adult abuse information as provided in section 235B.10.
(3) An expert witness at any stage of an appeal necessary for correction of dependent adult abuse information as provided in section 235B.10.
e. Other persons including all of the following:
(1) A person conducting bona fide research on dependent adult abuse, but without information identifying individuals named in a dependent adult abuse report, unless having that information open to review is essential to the research or evaluation and the authorized registry officials give prior written approval and the adult, the adult's guardian or guardian ad litem, and the person named in a report as having abused an adult give permission to release the information.
(2) Registry or department personnel when necessary to the performance of their official duties or a person or agency under contract with the department to carry out official duties and functions of the registry.
(3) The department of justice for the sole purpose of the filing of a claim for reparation pursuant to sections 915.21 and 915.84.
(4) A legally constituted adult protection agency of another state which is investigating or treating an adult named in a report as having been abused.
(5) The attorney for the department who is responsible for representing the department.
(6) A health care facility administrator or the administrator's designee, following the appeals process, for the purpose of hiring staff or continued employment of staff.
(7) To the administrator of an agency providing care to a dependent adult in another state, for the purpose of performing an employment background check.
(8) To the superintendent, or the superintendent's designee, of a school district or to the authorities in charge of an accredited nonpublic school for purposes of a volunteer or employment record check.
(9) The department of inspections and appeals for purposes of record checks of applicants for employment with the department of inspections and appeals.
3. Access to unfounded dependent adult abuse information is authorized only to those persons identified in subsection 2, paragraph "a", paragraph "b", subparagraphs (2) and (6), and paragraph "e", subparagraph (2).
91 Acts, ch 231, § 6; 92 Acts, ch 1163, § 50; 95 Acts, ch 50, § 1; 95 Acts, ch 93, § 4; 96 Acts, ch 1183, § 29; 97 Acts, ch 42, § 2; 98 Acts, ch 1090, §65, 84; 99 Acts, ch 141, §32; 2000 Acts, ch 1067, §3; 2000 Acts, ch 1153, §2; 2001 Acts, ch 8, §3; 2001 Acts, ch 20, §4, 5
Referred to in § 235B.4, 235B.7, 235B.8, 235B.12, 331.909
Previous Section 235B.5
Next Section 235B.7
© 2002 Cornell College and League of Women Voters of Iowa
Comments about this site or page?
webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Thu Jan 24 10:51:05 CST 2002
URL: /DOCS/IACODE/2001SUPPLEMENT/235B/6.html
jhf