House File 2065 - Introduced HOUSE FILE 2065 BY ANDERSON A BILL FOR An Act relating to the establishment of the Iowa violent death 1 reporting system. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5377HH (4) 89 pf/rh
H.F. 2065 Section 1. NEW SECTION . 135.193 Iowa violent death 1 reporting system —— established. 2 1. An Iowa violent death reporting system is established in 3 the department. 4 2. The Iowa violent death reporting system shall do all of 5 the following: 6 a. Collect, review, and analyze information, data, and 7 records pertaining to violent deaths in the state. 8 b. Monitor the incidence of and factors contributing to 9 violent deaths. 10 c. Perform appropriate epidemiologic studies of violent 11 deaths. 12 d. Analyze trends and patterns in, and circumstances related 13 to, violent deaths. 14 e. With the assistance of an advisory group established 15 under this section, make recommendations to relevant entities 16 to prevent violent deaths and make other recommendations as 17 necessary to maintain and administer the Iowa violent death 18 reporting system. 19 3. The director shall do all of the following: 20 a. Specify the types of violent deaths that shall be 21 included in the Iowa violent death reporting system. 22 b. Specify the information, data elements, and records to be 23 collected for use by the Iowa violent death reporting system. 24 c. Specify the sources from which information, data 25 elements, and records are to be collected for use by the Iowa 26 violent death reporting system. 27 d. Specify any data collection model to be used by the Iowa 28 violent death reporting system. 29 e. Establish an advisory group of data providers and 30 interested stakeholders to make recommendations to the 31 department for maintaining and administering the Iowa violent 32 death reporting system and to the governor, the general 33 assembly, law enforcement agencies and other agencies, and 34 other appropriate stakeholders to prevent violent deaths based 35 -1- LSB 5377HH (4) 89 pf/rh 1/ 4
H.F. 2065 upon an analysis of the violent death data collected. 1 4. The Iowa violent death reporting system shall collect 2 information regarding violent deaths in this state only from 3 existing sources relating to violent deaths and shall not 4 conduct independent criminal investigations in order to obtain 5 information, data, or records for use by the Iowa violent death 6 reporting system. 7 5. The Iowa violent death reporting system shall comply 8 with the data collection guidance provided by the centers for 9 disease control and prevention national violent death reporting 10 system. 11 6. Notwithstanding any provision of law to the contrary 12 pertaining to the sharing or disclosure of information, data, 13 and records that are required by law to be kept confidential, 14 any law enforcement agency or medical examiner that responds to 15 a violent death investigation shall provide information, data, 16 and records to the Iowa violent death reporting system and 17 shall otherwise assist the Iowa violent death reporting system 18 in the execution of this section. 19 7. Information, data, and records collected for use 20 and maintained by the Iowa violent death reporting system, 21 including but not limited to medical records, law enforcement 22 investigative records, laboratory reports, death certificates, 23 and other information, data, and records concerning a decedent, 24 and the work product created in executing the purposes 25 and duties of the Iowa violent death reporting system, are 26 confidential records under chapter 22 and shall not be subject 27 to subpoena or discovery while under the control of the Iowa 28 violent death reporting system. Such information, data, and 29 records are not admissible in any criminal or civil proceeding 30 if obtained through or from the Iowa violent death reporting 31 system. 32 8. At the request of the director, every department, agency, 33 office of the state, and political subdivision of the state 34 shall provide information, data, and records and otherwise 35 -2- LSB 5377HH (4) 89 pf/rh 2/ 4
H.F. 2065 assist in the execution of the requirements of this section. 1 9. The department shall adopt rules pursuant to chapter 17A 2 to establish, maintain, and administer the Iowa violent death 3 reporting system including but not limited to rules relating 4 to all of the following: 5 a. Procedures to make available to researchers confidential 6 information collected by the Iowa violent death reporting 7 system. 8 b. Procedures to make confidential information collected 9 by the Iowa violent death review team available to the Iowa 10 domestic abuse death review team and the Iowa child abuse death 11 review team. 12 10. The department may administer the program through 13 a contract with a public or private agency experienced in 14 conducting similar programs. 15 11. For the purposes of this section: 16 a. “Iowa violent death reporting system” means the process of 17 obtaining records pertaining to a violent death, abstracting 18 specific data elements, and entering those data elements into a 19 secure federal database. 20 b. “Violent death” means a death resulting from the use 21 of physical force or power against oneself, another person, 22 or a group or community, and includes but is not limited to 23 homicide, suicide, legal intervention deaths, undetermined 24 intent deaths, unintentional firearm deaths, and deaths 25 resulting from terrorism. 26 EXPLANATION 27 The inclusion of this explanation does not constitute agreement with 28 the explanation’s substance by the members of the general assembly. 29 This bill relates to the Iowa violent death reporting 30 system. 31 The national violent death reporting system was implemented 32 in 2005 under the purview of the centers for disease control 33 and prevention of the United States department of health and 34 human services. The CDC provides grants to states, including 35 -3- LSB 5377HH (4) 89 pf/rh 3/ 4
H.F. 2065 Iowa, to collect data on violent deaths to enter into a 1 national database. Iowa began collecting data beginning in 2 calendar year 2015. 3 The existing Iowa violent death reporting system is 4 authorized, generally, as a duty of the state board of health 5 and the department of public health (DPH), and under other 6 general provisions of law. The bill would specifically 7 establish the reporting system under a separate Code section. 8 The bill establishes the Iowa violent death reporting 9 system (reporting system) in DPH; specifies the duties of the 10 reporting system and the director of public health including 11 the establishment of an advisory group of data providers and 12 interested stakeholders to make recommendations relating to the 13 reporting system; requires that the reporting system complies 14 with data collection guidance provided by the CDC national 15 violent death reporting system; provides for the sharing and 16 disclosure of information, data, and records with the reporting 17 system by law enforcement agencies and the medical examiner 18 relating to a violent death investigation and for purposes of 19 administering the reporting system; includes confidentiality 20 protections; provides for assistance from other departments, 21 agencies, offices of the state, and political subdivisions 22 of the state in providing information, data, and records and 23 in otherwise assisting in the execution of the duties of the 24 reporting system; and directs DPH to adopt administrative rules 25 to establish, maintain, and administer the reporting system. 26 The bill defines “Iowa violent death reporting system” and 27 “violent death” for the purposes of the bill. 28 -4- LSB 5377HH (4) 89 pf/rh 4/ 4