House
File
2009
-
Introduced
HOUSE
FILE
2009
BY
ISENHART
A
BILL
FOR
An
Act
relating
to
the
disclosure
of
personal
identifying
1
information
of
prescribing
practitioners
contained
in
the
2
information
program
for
drug
prescribing
and
dispensing.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
124.553,
subsections
2
and
3,
Code
2018,
1
are
amended
to
read
as
follows:
2
2.
The
board
shall
maintain
a
record
of
each
person
that
3
requests
information
from
the
program.
Pursuant
to
rules
4
adopted
by
the
board
and
advisory
council
under
section
5
124.554
,
the
board
may
use
the
records
to
document
and
report
6
statistical
information,
and
may
provide
program
information
7
for
statistical,
public
research,
public
policy,
or
educational
8
purposes,
after
removing
personal
identifying
information
of
a
9
patient,
prescribing
practitioner,
dispenser,
or
other
person
10
who
is
identified
in
the
information
,
except
that
the
fact
of
11
a
prescribing
practitioner’s
registration
to
access
program
12
information
pursuant
to
board
rules
shall
not
be
removed
.
13
3.
a.
Information
Except
as
otherwise
provided
in
paragraph
14
“b”
,
information
contained
in
the
program
and
any
information
15
obtained
from
it,
and
information
contained
in
the
records
16
of
requests
for
information
from
the
program,
is
privileged
17
and
strictly
confidential
information.
Such
information
is
a
18
confidential
public
record
pursuant
to
section
22.7
,
and
is
19
not
subject
to
discovery,
subpoena,
or
other
means
of
legal
20
compulsion
for
release
except
as
provided
in
this
subchapter
.
21
Information
from
the
program
shall
not
be
released,
shared
with
22
an
agency
or
institution,
or
made
public
except
as
provided
in
23
this
subchapter
.
24
b.
The
fact
of
a
prescribing
practitioner’s
registration
25
to
access
program
information
pursuant
to
board
rules
is
not
26
privileged
or
confidential
and
is
not
a
confidential
public
27
record
pursuant
to
section
22.7.
Such
information
shall
be
28
subject
to
discovery,
subpoena,
and
other
means
of
legal
29
compulsion
for
release.
30
Sec.
2.
Section
124.555,
subsection
3,
paragraph
a,
Code
31
2018,
is
amended
to
read
as
follows:
32
a.
Ensuring
the
confidentiality
of
the
patient
,
prescribing
33
practitioner,
and
dispensing
pharmacist
and
pharmacy.
34
EXPLANATION
35
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The
inclusion
of
this
explanation
does
not
constitute
agreement
with
1
the
explanation’s
substance
by
the
members
of
the
general
assembly.
2
This
bill
allows
the
board
of
pharmacy
to
release
the
fact
of
3
a
prescribing
practitioner’s
registration
to
access
information
4
contained
in
the
information
program
for
prescribing
and
5
dispensing,
known
as
the
prescription
monitoring
program,
when
6
reporting
program
information
for
statistical,
public
research,
7
public
policy,
or
educational
purposes.
The
bill
also
excludes
8
the
fact
of
a
prescribing
practitioner’s
registration
from
9
the
privilege
and
confidentiality
protections
provided
to
10
other
information
in
the
program.
The
bill
does
not
alter
the
11
confidential
nature
of
personal
identifying
information
of
12
patients,
dispensers,
or
others
identified
in
the
program.
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