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 TLSB 5252HH (5) 87 ss/rh
H.F. 2009 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 -1- LSB 5252HH (5) 87 ss/rh 1/ 2
H.F. 2009 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. 13 -2- LSB 5252HH (5) 87 ss/rh 2/ 2