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S1455aa...............................................by HEALTH AND WELFARE
PATIENT INFORMATION - Adds to and amends existing law to provide for
confidentiality of patient-specific information concerning prescriptions
and other information; to provide for the release of such information to
certain persons; to provide penalties for violation; and to provide
immunity from liability for the good faith release of such information.
02/17 Senate intro - 1st rdg - to printing
02/18 Rpt prt - to Health/Wel
02/23 Rpt out - to 14th Ord
03/01 Rpt out amen - to engros
03/02 Rpt engros - 1st rdg - to 2nd rdg as amen
03/03 2nd rdg - to 3rd rdg as amen
03/09 3rd rdg as amen - PASSED - 30-1-4
AYES--Andreason, Boatright, Bunderson, Burtenshaw, Cameron, Crow,
Danielson, Darrington, Davis, Deide, Dunklin, Geddes, Ingram, Ipsen,
Keough, Lee, Noh, Parry, Richardson, Riggs, Risch, Sandy, Schroeder,
Sorensen, Stegner, Stennett, Walton/Branch, Wheeler, Whitworth,
Williams
NAYS--Hawkins
Absent and excused--Frasure, King-Barrutia, McLaughlin, Thorne
Floor Sponsor - Wheeler
Title apvd - to House
03/10 House intro - 1st rdg as amen- to Health/Wel
03/15 Rpt out - rec d/p - to 2nd rdg as amen
03/16 2nd rdg - to 3rd rdg as amen
03/29 3rd rdg as amen - PASSED - 66-0-4
AYES -- Alltus, Barraclough, Bell, Bieter, Black, Boe, Bruneel,
Callister, Campbell, Chase, Cheirrett, Clark, Crow, Cuddy, Deal,
Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould,
Hadley, Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet,
Jones, Judd, Kellogg, Kempton, Kendell, Kunz, Lake, Linford,
Loertscher, Marley, McKague, Meyer, Montgomery, Mortensen, Moss,
Moyle, Pearce, Pischner, Pomeroy, Reynolds, Ridinger, Ringo, Robison,
Sali, Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson,
Stoicheff, Stone, Taylor, Trail, Wheeler, Wood, Zimmermann
NAYS -- None
Absent and excused -- Barrett, Mader, Tilman, Mr Speaker
Floor Sponsor - Bieter
Title apvd - to Senate
03/30 To enrol - rpt enrol - Pres signed
03/31 Sp signed
04/03 To Governor
04/04 Governor signed
Session Law Chapter 189
Effective: 07/01/00
S1455
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE SENATE
SENATE BILL NO. 1455, As Amended
BY HEALTH AND WELFARE COMMITTEE
1 AN ACT
2 RELATING TO THE IDAHO PHARMACY ACT; AMENDING CHAPTER 17, TITLE 54, IDAHO CODE,
3 BY THE ADDITION OF A NEW SECTION 54-1727, IDAHO CODE, TO PROVIDE FOR CON-
4 FIDENTIALITY OF PATIENT-SPECIFIC INFORMATION CONCERNING PRESCRIPTIONS AND
5 OTHER INFORMATION, TO PROVIDE FOR THE RELEASE OF SUCH INFORMATION TO CER-
6 TAIN PERSONS, TO PROVIDE PENALTIES FOR VIOLATION AND TO PROVIDE IMMUNITY
7 FROM LIABILITY FOR THE GOOD FAITH RELEASE OF SUCH INFORMATION; AMENDING
8 CHAPTER 13, TITLE 41, IDAHO CODE, BY THE ADDITION OF A NEW SECTION
9 41-1335, IDAHO CODE, TO PROHIBIT ANY PERSON FROM RELEASING OR SELLING
10 PATIENT IDENTIFIABLE PRESCRIPTION INFORMATION, TO PROVIDE PENALTIES AND TO
11 PROVIDE IMMUNITY FROM LIABILITY FOR THE GOOD FAITH RELEASE OF SUCH INFOR-
12 MATION; AND AMENDING SECTION 9-340C, IDAHO CODE, TO EXEMPT PATIENT IDENTI-
13 FIABLE PRESCRIPTION INFORMATION FROM DISCLOSURE AND TO MAKE A TECHNICAL
14 CORRECTION.
15 Be It Enacted by the Legislature of the State of Idaho:
16 SECTION 1. That Chapter 17, Title 54, Idaho Code, be, and the same is
17 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
18 ignated as Section 54-1727, Idaho Code, and to read as follows:
19 54-1727. CONFIDENTIALITY OF PRESCRIPTIONS AND PATIENT INFORMATION. (1)
20 All prescriptions, drug orders, records or any other prescription information
21 that specifically identifies an individual patient shall be held in the
22 strictest confidence. No person in possession of such information shall
23 release the information, unless requested as follows:
24 (a) By the board, or its representatives, acting in their official capac-
25 ity;
26 (b) By the patient, or the patient's designee, regarding the patient's
27 own records;
28 (c) By the practitioner, or the practitioner's designee, who issued the
29 prescription;
30 (d) By other licensed health care professionals who are responsible for
31 the direct and acute care of the patient;
32 (e) By agents of the department of health and welfare when acting in
33 their official capacity with reference to issues related to the practice
34 of pharmacy (written requests by authorized agents of the department
35 requesting such information are required);
36 (f) By agents of any board whose practitioners have prescriptive author-
37 ity, when the board is enforcing laws governing that practitioner;
38 (g) By an agency of government charged with the responsibility for pro-
39 viding medical care for the patient (written requests by authorized agents
40 of the agency requesting such information are required);
41 (h) By the federal food and drug administration (FDA), for purposes
42 relating to monitoring of adverse drug events in compliance with the
43 requirements of federal law, rules or regulations adopted by the federal
2
1 food and drug administration;
2 (i) By the patient's authorized insurance benefit provider or health plan
3 providing health care coverage or pharmacy benefits to the patient.
4 (j) Nothing in this section shall be construed to prohibit consultations
5 between health care professionals who are involved in the diagnosis, care
6 and treatment of the patient.
7 (k) Nothing in this section shall prohibit insurance companies and health
8 plans from sharing patient specific information with law enforcement
9 authorities or any of the entities identified in subsections (1)(a)
10 through (i) of this section, in cases of suspected fraud and substance
11 abuse.
12 (2) Nothing in this section shall prevent the pharmacist or others from
13 providing aggregate or other data, which does not identify the patient to
14 qualified researchers, including pharmaceutical manufacturers, for purposes of
15 clinical, pharmacoepidemiological, or pharmacoeconomic research.
16 (3) Any person who has knowledge by virtue of his office or occupation of
17 any prescription drug order, record, or pharmacy related information that spe-
18 cifically identifies an individual patient shall not divulge such information
19 except as authorized in subsections (1) and (2) of this section. Any person or
20 entity to whom information is divulged pursuant to subsection (1) of this sec-
21 tion shall not divulge such information except in compliance with this sec-
22 tion.
23 (4) Nothing in this section shall limit the authority of the board or its
24 representatives from inspecting the records of pharmacies or pharmacists or
25 the authority of any other board with licensees who have prescriptive author-
26 ity from performing any other duty or authority of that board, nor shall this
27 section limit a court of competent jurisdiction from ordering the release or
28 disclosure of such records upon a showing of just cause after such review or
29 hearing as the court deems necessary and proper. This section shall not limit
30 the authority of any other board or agency to inspect records of persons it
31 regulates, notwithstanding that the records may contain information protected
32 by the provisions of this section.
33 (5) In addition to all other penalties as provided by law, any person or
34 entity found by the board to be in violation of the provisions of this section
35 shall be subject to an administrative penalty not to exceed three thousand
36 dollars ($3,000) for each violation.
37 (6) No person shall be liable, nor shall a cause of action exist, for any
38 loss or damage based upon the proper good faith release of records pursuant to
39 the provisions of subsection (1) or (2) of this section.
40 SECTION 2. That Chapter 13, Title 41, Idaho Code, be, and the same is
41 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
42 ignated as Section 41-1335, Idaho Code, and to read as follows:
43 41-1335. RELEASE OF PATIENT IDENTIFIABLE PRESCRIPTION INFORMATION PROHIB-
44 ITED -- EXCEPTIONS. (1) No person shall release or sell, or include in any
45 policy of insurance delivered or issued for delivery in this state any provi-
46 sion for the release or sale of any information pertaining to prescriptions,
47 drug orders, records or any other prescription information that specifically
48 identifies an individual insured, except as authorized under the provisions of
49 section 54-1727, Idaho Code.
50 (2) In addition to any other penalties provided by law, any person vio-
51 lating the provisions of this section shall be subject to an administrative
52 penalty not to exceed three thousand dollars ($3,000) for each violation.
53 (3) No person who releases records or information specified in subsection
3
1 (1) of this section in good faith pursuant to the provisions of section
2 54-1727, Idaho Code, shall be subject to penalty or liability, nor shall a
3 cause of action exist against such person, for any loss or damage based upon
4 the release of the records or information.
5 SECTION 3. That Section 9-340C, Idaho Code, be, and the same is hereby
6 amended to read as follows:
7 9-340C. RECORDS EXEMPT FROM DISCLOSURE -- PERSONNEL RECORDS, PERSONAL
8 INFORMATION, HEALTH RECORDS, PROFESSIONAL DISCIPLINE. The following records
9 are exempt from disclosure:
10 (1) Except as provided in this subsection, all personnel records of a
11 current or former public official other than the public official's public ser-
12 vice or employment history, classification, pay grade and step, longevity,
13 gross salary and salary history, status, workplace and employing agency. All
14 other personnel information relating to a public employee or applicant includ-
15 ing, but not limited to, information regarding sex, race, marital status,
16 birth date, home address and telephone number, applications, testing and
17 scoring materials, grievances, correspondence and performance evaluations,
18 shall not be disclosed to the public without the employee's or applicant's
19 written consent. A public official or authorized representative may inspect
20 and copy his personnel records, except for material used to screen and test
21 for employment.
22 (2) Retired employees' and retired public officials' home addresses, home
23 telephone numbers and other financial and nonfinancial membership records;
24 active and inactive member financial and membership records and mortgage port-
25 folio loan documents maintained by the public employee retirement system.
26 Financial statements prepared by retirement system staff, funding agents and
27 custodians concerning the investment of assets of the public employee retire-
28 ment system of Idaho are not considered confidential under this chapter.
29 (3) Information and records submitted to the Idaho state lottery for the
30 performance of background investigations of employees, lottery retailers and
31 major procurement contractors; audit records of lottery retailers, vendors and
32 major procurement contractors submitted to or performed by the Idaho state
33 lottery; validation and security tests of the state lottery for lottery games;
34 business records and information submitted pursuant to sections 67-7412(8) and
35 (9) and 67-7421(8) and (9), Idaho Code, and such documents and information
36 obtained and held for the purposes of lottery security and investigative
37 action as determined by lottery rules unless the public interest in disclosure
38 substantially outweighs the private need for protection from public disclo-
39 sure.
40 (4) Records of a personal nature as follows:
41 (a) Records of personal debt filed with a public agency pursuant to law;
42 (b) Personal bank records compiled by a public depositor for the purpose
43 of public funds transactions conducted pursuant to law;
44 (c) Records of ownership of financial obligations and instruments of a
45 public agency, such as bonds, compiled by the public agency pursuant to
46 law;
47 (d) Records, with regard to the ownership of, or security interests in,
48 registered public obligations;
49 (e) Vital statistics records.
50 (5) Information in an income or other tax return measured by items of
51 income or sales, which is gathered by a public agency for the purpose of
52 administering the tax, except such information to the extent disclosed in a
53 written decision of the tax commission pursuant to a taxpayer protest of a
4
1 deficiency determination by the tax commission, under the provisions of sec-
2 tion 63-3045B, Idaho Code.
3 (6) Records of a personal nature related directly or indirectly to the
4 application for and provision of statutory services rendered to persons apply-
5 ing for public care for the elderly, indigent, or mentally or physically hand-
6 icapped, or participation in an environmental or a public health study, pro-
7 vided the provisions of this subsection making records exempt from disclosure
8 shall not apply to the extent that such records or information contained in
9 those records are necessary for a background check on an individual that is
10 required by federal law regulating the sale of firearms, guns or ammunition.
11 (7) Employment security information and unemployment insurance benefit
12 information, except that all interested parties may agree to waive the exemp-
13 tion.
14 (8) Any personal records, other than names, business addresses and busi-
15 ness phone numbers, such as parentage, race, religion, sex, height, weight,
16 tax identification and social security numbers, financial worth or medical
17 condition submitted to any public agency pursuant to a statutory requirement
18 for licensing, certification, permit or bonding.
19 (9) Unless otherwise provided by agency rule, information obtained as
20 part of an inquiry into a person's fitness to be granted or retain a license,
21 certificate, permit, privilege, commission or position, private association
22 peer review committee records authorized in title 54, Idaho Code. Any agency
23 which has records exempt from disclosure under the provisions of this subsec-
24 tion shall annually make available a statistical summary of the number and
25 types of matters considered and their disposition.
26 (10) The records, finding, determinations and decision of any prelitiga-
27 tion screening panel formed under chapters 10 and 23, title 6, Idaho Code.
28 (11) Board of professional discipline reprimands by informal admonition
29 pursuant to subsection (6)(f) of section 54-1806A, Idaho Code.
30 (12) Records of the department of health and welfare or a public health
31 district that identify a person infected with a reportable disease.
32 (13) Records of hospital care, medical records, including prescriptions,
33 drug orders, records or any other prescription information that specifically
34 identifies an individual patient, records of psychiatric care or treatment and
35 professional counseling records relating to an individual's condition, diagno-
36 sis, care or treatment, provided the provisions of this subsection making
37 records exempt from disclosure shall not apply to the extent that such records
38 or information contained in those records are necessary for a background check
39 on an individual that is required by federal law regulating the sale of fire-
40 arms, guns or ammunition.
41 (14) Information collected pursuant to the directory of new hires act,
42 chapter 16, title 72, Idaho Code.
43 (15) Personal information contained in motor vehicle and driver records
44 that is exempt from disclosure under the provisions of chapter 2, title 49,
45 Idaho Code.
46 (16) Records of the financial status of prisoners pursuant to subsection
47 (2) of section 20-607, Idaho Code.
48 (17) Records of the department of law enforcement or department of correc-
49 tion received or maintained pursuant to section 19-5514, Idaho Code, relating
50 to DNA databases and databanks.
51 (18) Records of the department of health and welfare relating to a survey,
52 resurvey or complaint investigation of a licensed nursing facility shall be
53 exempt from disclosure. Such records shall, however, be subject to disclosure
54 as public records on and after the fourteenth day following the date that
55 department of health and welfare representatives officially exit the facility
5
1 pursuant to federal regulations. Provided however, that for purposes of confi-
2 dentiality, no record shall be released under this section which specifically
3 identifies any nursing facility resident.
4 (189) Records and information contained in the registry of immunizations
5 against childhood diseases maintained in the department of health and welfare,
6 including information disseminated to others from the registry by the depart-
7 ment of health and welfare.
AS1455
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
Moved by Wheeler
Seconded by
IN THE SENATE
SENATE AMENDMENT TO S.B. NO. 1455
1 AMENDMENT TO SECTION 1
2 On page 2 of the printed bill, following line 6, insert:
3 "(k) Nothing in this section shall prohibit insurance companies and health
4 plans from sharing patient specific information with law enforcement
5 authorities or any of the entities identified in subsections (1)(a)
6 through (i) of this section, in cases of suspected fraud and substance
7 abuse.".
STATEMENT OF PURPOSE
RS 09652C1
Adds section 54-1727 Idaho Code to provide for the confidentiality of
prescriptions and all other drug orders and records that specifically identify an
individual patient. It allows exceptions for health care providers, as well as
provides licensing boards and agencies of the state or federal government acting
on their official capacities.
The patient's authorized insurance benefit provider is allowed to possess the
information necessary to process and pay claims, but any subsequent data
collection and compilation desirous for medical purposes or research must be
encrypted or must delete the identity of the patient and provides for a penalty for
violations.
Section 2 prohibits insurers or their agent from selling or releasing patient
identifiable information. Section 3 amends the public records law by adding
prescription information to the exemption from disclosure.
FISCAL IMPACT
No costs to state or political subdivisions.
Contact
Name: Sen. "Moon" Wheeler
Phone: 332-1409
JoAn Condie
376-2273
Jennifer Lindsey
342-0010
STATEMENT OF PURPOSE/FISCAL NOTE S 1455