CHAPTER 2PUBLIC RECORDS AND FAIR INFORMATION PRACTICESThe board of medicine hereby adopts, with the following exceptions and amendments, rules of the Governor’s Task Force on Uniform Rules of Agency Procedure relating to public records and fair information practices which are printed in the first volume of the Iowa Administrative Code.6532.1(17A, 22) Definitions. As used in this chapter:
"Agency." In lieu of the words “(official or body issuing these rules)”, insert “Iowa Board of Medicine”.
6532.3(17A, 22) Requests for access to records. 2.3(1) Location of record. In lieu of the words “insert agency head”, insert “Iowa Board of Medicine” and in lieu of “insert agency name and address”, insert “Iowa Board of Medicine, 400 S.W. 8th Street, Suite C, Des Moines, Iowa 50309-4686”. 2.3(2) Office hours. In lieu of “insert customary office hours and if agency does not have customary office hours of at least thirty hours per week, insert hours specified in Iowa Code section 22.4)”, insert “the agency’s regular business hours, Monday through Friday from 8 a.m.to 4:30 p.m., excluding legal holidays”. 2.3(7) Fees. c. Search and supervisory fees. An hourly fee may be charged for actual agency expenses in supervising the examination and copying of requested records when the supervision time required is in excess of one-quarter hour. The custodian shall prominently post in agency offices the hourly fees to be charged for supervision of records during the examination and copying. That hourly fee shall not be in excess of the hourly wage of an agency employee who ordinarily would be appropriate and suitable to perform this supervisory function.If the request requires research or if the record or records cannot reasonably be readily retrieved by the office, the requester will be advised of this fact. Reasonable search fees may be charged where appropriate. In addition, all costs for retrieval and copying of information stored in electronic storage systems may be charged to the requester.6532.6(17A, 22) Procedure by which additions, dissents, or objections may be entered into certain records. In lieu of the words “designate office” insert the words “Iowa Board of Medicine, 400 S.W. 8th Street, Suite C, Des Moines, Iowa 50309-4686”.6532.7(17A, 22) Consent to disclosure by the subject of a confidential record. Insert at the end of the model rule the following new sentence. “This section does not allow the subject of a record which is confidential under Iowa Code section 272C.6(4) to consent to its release.”6532.9(17A, 22) Disclosures without the consent of the subject. 2.9(1) Open records are routinely disclosed without the consent of the subject. 2.9(2) To the extent allowed by law, disclosure of confidential records may occur without the consent of the subject. Following are instances where disclosure, if lawful, will generally occur without notice to the subject: a. For a routine use as defined in subrule 2.10(1) or in any notice for a particular record system. b. To a recipient who has provided the agency with advance written assurance that the record will be used solely as a statistical research or reporting record, provided that the record is transferred in a form that does not identify the subject. c. To another government agency or to an instrumentality of any governmental jurisdiction within or under the control of the United States for a civil or criminal law enforcement activity if the activity is authorized by law, and if an authorized representative of such government agency or instrumentality has submitted a written request to the agency specifying the record desired and the law enforcement activity for which the record is sought. d. To an individual pursuant to a showing of compelling circumstances affecting the health or safety of an individual if a notice of the disclosure is transmitted to the last-known address of the subject. e. To the legislative services agency. f. Disclosures in the course of employee disciplinary proceedings. g. In response to a court order or subpoena.6532.10(17A, 22) Routine use. 2.10(1) Defined. “Routine use” means the disclosure of a record without the consent of the subject or subjects, for a purpose which is compatible with the purpose for which the record was collected. It includes disclosures required to be made by statute other than the public records law, Iowa Code chapter 22. 2.10(2) To the extent allowed by law, the following uses are considered routine uses of all agency records: a. Disclosure to those officers, employees, investigators, members, and agents of the agency who have a need for the record in the performance of their duties. The custodian of the record may, upon request of any officer, employee, investigator, member, or agent, or on the custodian’s own initiative, determine what constitutes legitimate need to use confidential records. b. Disclosure of information indicating an apparent violation of the law to appropriate law enforcement authorities for investigation and possible criminal prosecution, civil court action, or regulatory order. c. Disclosure to the department of inspections and appeals for matters in which it is performing services or functions on behalf of the agency. d. Disclosure to the attorney general’s office for use in performing its official function. e. Transfers of information within the agency office and among board members; to other state agencies, boards, and departments; to federal agencies; to agencies in other states; Federation of State Medical Boards of the United States, Inc., American Medical Association, American Osteopathic Association, Iowa Medical Society, Iowa Osteopathic Medical Association; Educational Commission for Foreign Medical Graduates; Iowa Physician Assistant Society; Physician’s Assistant Advisory Committee; approved Advanced Care Training facilities; or to local units of government as appropriate to carry out the agency’s statutory authority. f. Information released to the staff of federal or state entities for audit purposes or for purposes of determining whether the agency is operating a program lawfully. g. Any disclosure specifically authorized by the statute under which the record was collected or maintained. h. Transmittal to the district court of the record in a disciplinary hearing, pursuant to Iowa Code section 17A.19(6), regardless of whether the hearing was open or closed.6532.11(17A, 22) Consensual disclosure of confidential records. 2.11(1) Consent to disclosure by a subject individual. To the extent permitted by law, the subject may consent in writing to board disclosure of confidential records as provided in rule 2.7(17A,22). 2.11(2) Complaints to public officials. A letter from a subject of a confidential record to a public official which seeks the official’s intervention on behalf of the subject in a matter that involves the agency may to the extent permitted by law be treated as an authorization to release sufficient information about the subject to the official to resolve the matter. This rule does not allow the subject of a record which is confidential under Iowa Code section 272C.6(4) to consent to its release.6532.12(17A, 22) Release to subject. The subject of a confidential record may file a written request to review confidential records about that person as provided in rule 653—2.6(17A,22). However, the agency need not release the following records to the subject: - The identity of a person providing information to the agency need not be disclosed directly or indirectly to the subject of the information when the information is authorized to be held confidential pursuant to Iowa Code sections 22.7(18) and 272C.6(4) or other provision of law.
- All information in licensee complaint and investigation files maintained by the agency for purposes of licensee discipline are required to be withheld from the subject prior to the filing of formal charges and the notice of hearing in a licensee disciplinary proceeding.
- Records need not be disclosed to the subject when they are the work product of an attorney or are otherwise privileged.
- Peace officers’ investigative reports may be withheld from the subject, except as required by the Iowa Code.
- As otherwise authorized by law.
- Require the agency to index or retrieve records which contain information about individuals by that person’s name or other personal identifier.
- Make available to the general public records which would otherwise not be available under the public records law, Iowa Code chapter 22.
- Govern the maintenance or disclosure of, notification of or access to, records in the possession of the agency which are governed by rules of another board or agency.
- Apply to guarantees, including local governments or subdivisions thereof, administering state-funded programs.
- Make available records compiled by the agency in reasonable anticipation of court litigation or formal administrative disciplinary proceedings. The availability of such records to the general public or to any subject individual or party to such litigation or proceedings shall be governed by applicable constitutional principles, statutes, rules of discovery, evidentiary privileges, and applicable rules of the agency.