CHAPTER 90
IOWA CHILD DEATH REVIEW TEAM
641—90.1(135) Purpose. The purpose of the child death review team is to aid in the reduction of the incidence of serious injury and death to children by accurately identifying the cause and manner of child death for children under age 18.
641—90.2(135) Definitions.
“Team” means the Iowa child death review team.
“Unexcused absence” means failure by a team member to notify the chairperson of an anticipated absence from a team meeting.
641—90.3(135) Agency. The 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.
641—90.4(135) Membership. The membership of the review team is subject to the provisions of Iowa Code 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.
	90.4(1) 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.
	90.4(2) Vacancies shall be filled in the same manner in which the original appointments were made. An appointment shall complete the original member’s term.
	90.4(3) Three consecutive unexcused absences shall be grounds for the director to consider dismissal of the team member and to appoint another. The chairperson of the team is charged with providing notification of absences.
641—90.5(135) Officers. Officers of the team shall be a chairperson and a vice chairperson and shall be elected at the first meeting of each fiscal year unless designated at the time of appointment. Vacancy in the office of chairperson shall be filled by elevation of the vice chairperson. Vacancy in the office of vice chairperson shall be filled by election at the next meeting after the vacancy occurs. The chairperson shall preside at all meetings of the team, appoint such subcommittees as deemed necessary, and designate the chairperson of each subcommittee. If the chairperson is absent or unable to act, the vice chairperson shall perform the duties of the chairperson. When so acting, the vice chairperson shall have all the powers of and be subject to all restrictions upon the chairperson. The vice chairperson shall also perform such other duties as may be assigned by the chairperson.
641—90.6(135) Meetings. The team shall meet upon the call of the chairperson, upon the request of a state agency, or as determined by the team. Robert’s Rules of Order shall govern all meetings.
641—90.7(135) Expenses of team members. The members of the team are eligible for reimbursement of actual and necessary expenses incurred in the performance of their official duties.
641—90.8(135) Team responsibilities. The team shall perform the following responsibilities.
	1.	Collect, review, and analyze child death certificates and child death data, including patient records or other pertinent confidential information concerning deaths of children aged 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.
	2.	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.
	3.	Recommend to the agencies represented on the review team and to other agencies changes which may prevent child deaths.
	4.	Maintain the confidentiality of any patient records or other confidential information reviewed.
	5.	Develop protocols for and establish a committee to review child abuse investigations which involve the death of a child.
	6.	The team may establish subcommittees to which the team may delegate some or all of the team’s responsibilities set out in this rule.
641—90.9(135) Liaisons. The following individuals shall each designate a liaison to assist the team in fulfilling its responsibilities.
	1.	Director of public health.
	2.	Director of human services.
	3.	Commissioner of public safety.
	4.	Administrator of the bureau of vital records of the Iowa department of public health.
	5.	Attorney general.
	6.	Director of transportation.
	7.	Director of the department of education.
641—90.10(135) Confidentiality and disclosure of information. The team and liaisons shall maintain the confidentiality of all information and records used in the review and analysis of child deaths, including disclosure of information which is confidential under Iowa Code chapter 22 or any other provisions of state law. No information on individual deaths contained in the records described in this rule shall be disclosed except for the purposes of the team, committee or subcommittee meeting, and no confidential information received in preparation for or during the course of such meeting shall be removed from the meeting room except for further review as authorized by the team chairperson.
In preparation for review of an individual death by the team or its authorized committee or subcommittee, the chairperson of the team or the chairperson’s designee is authorized to gather all information pertinent to the review. This information may include, but is not limited to, hospital records, physician’s records, school records, day-care records, autopsy records, child abuse registry, investigation or assessment records, state public assistance records, traffic records, public safety records, law enforcement records, fire marshal’s records, birth records, death records, and other relevant records necessary to conduct a complete review.
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 Iowa Code section 22.7 and chapter 235A, and information or records received from the confidential records, remain confidential under this rule. A person does not incur legal liability by reason of releasing information to the department as required under and in compliance with this rule.
641—90.11(135) Immunity and liability. 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. 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.
A person who releases or discloses confidential data, records, or any other type of information in violation of this chapter is guilty of a serious misdemeanor.
These rules are intended to implement Iowa Code Supplement section 135.43.
[Filed 3/15/96, Notice 1/31/96—published 4/10/96, effective 5/15/96]
[Filed 7/10/98, Notice 4/22/98—published 7/29/98, effective 9/2/98]
[Filed 11/30/00, Notice 10/4/00—published 12/27/00, effective 1/31/01]