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
|||| 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 (1 89) 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.
|||| 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