Senate Study Bill 1165 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON HUMAN RESOURCES BILL BY CHAIRPERSON MATHIS) A BILL FOR An Act relating to the release of certain information to a 1 procurement organization. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1987XC (1) 86 pf/nh

S.F. _____ Section 1. Section 22.7, subsection 41, Code 2015, is 1 amended to read as follows: 2 41. a. Medical examiner records and reports, including 3 preliminary reports, investigative reports, and autopsy 4 reports. However, medical 5 b. Notwithstanding paragraph “a” , the following records or 6 reports shall be released as follows: 7 (1) Medical examiner records and reports shall be released 8 to : 9 (a) To a law enforcement agency that is investigating the 10 death, upon the request of the law enforcement agency , and 11 autopsy . 12 (b) To an organ procurement organization as defined in 13 section 142C.2, upon the request of such organ procurement 14 organization. 15 (2) Autopsy reports shall be released to the : 16 (a) To an organ procurement organization as defined in 17 section 142C.2, upon the request of such organ procurement 18 organization. 19 (b) To the decedent’s immediate next of kin upon the request 20 of the decedent’s immediate next of kin unless disclosure 21 to the decedent’s immediate next of kin would jeopardize an 22 investigation or pose a clear and present danger to the public 23 safety or the safety of an individual. 24 c. Information regarding the cause and manner of death 25 shall not be kept confidential under this subsection unless 26 disclosure would jeopardize an investigation or pose a clear 27 and present danger to the public safety or the safety of an 28 individual. 29 Sec. 2. Section 142C.7, Code 2015, is amended to read as 30 follows: 31 142C.7 Confidential information. 32 A hospital, licensed or certified health care professional 33 pursuant to chapter 148 , 148C , or 152 , or medical examiner may 34 shall release patient information to a procurement organization 35 -1- LSB 1987XC (1) 86 pf/nh 1/ 2

S.F. _____ as part of a referral or retrospective review of the patient 1 as a potential donor. Any information regarding a patient, 2 including the patient’s identity, however, constitutes 3 confidential medical information and under any other 4 circumstances is prohibited from disclosure without the written 5 consent of the patient or the patient’s legal representative. 6 EXPLANATION 7 The inclusion of this explanation does not constitute agreement with 8 the explanation’s substance by the members of the general assembly. 9 This bill relates to the release of information to 10 a procurement organization. Under current law, “organ 11 procurement organization” means a person designated by 12 the United States secretary of health and human services 13 as an organ procurement organization; and a “procurement 14 organization” means an eye bank, organ procurement 15 organization, or tissue bank. 16 The bill provides that medical examiner records and reports 17 and autopsy reports shall be released to an organ procurement 18 organization, upon the request of such organ procurement 19 organization. Additionally, the bill requires, rather 20 than authorizes, a hospital, licensed or certified health 21 care professional, or medical examiner to release patient 22 information to a procurement organization as part of a referral 23 or retrospective review of the patient as a potential donor. 24 -2- LSB 1987XC (1) 86 pf/nh 2/ 2