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H0158.................................................by HEALTH AND WELFARE
PRESCRIPTION - PATIENT INFORMATION - Amends existing law relating to
patient information and prescription confidentiality to provide that
disclosure of patient specific information to law enforcement authorities
is not prohibited if made pursuant to a search warrant, subpoena or other
court order.
02/09 House intro - 1st rdg - to printing
02/12 Rpt prt - to Health/Wel
02/21 Rpt out - rec d/p - to 2nd rdg
02/22 2nd rdg - to 3rd rdg
02/26 3rd rdg - PASSED - 67-0-3
AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Black, Block,
Bock, Boe, Bolz, Brackett, Bradford, Chadderdon, Chavez, Chew, Clark,
Collins, Crane, Durst, Edmunson, Eskridge, Hagedorn, Hart, Harwood,
Henbest, Henderson, Jaquet, Killen, King, Kren, Labrador, Lake,
LeFavour, Loertscher, Luker, Marriott, Mathews, McGeachin, Mortimer,
Moyle, Nielsen, Pasley-Stuart, Patrick, Pence, Raybould, Ring, Ringo,
Roberts, Ruchti, Rusche, Sayler, Shepherd(2), Shepherd(8), Shirley,
Shively, Smith(30), Smith(24), Snodgrass, Stevenson, Thayn, Trail,
Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker
NAYS -- None
Absent and excused -- Bilbao, Nonini, Schaefer
Floor Sponsor - Marriott
Title apvd - to Senate
02/27 Senate intro - 1st rdg - to Health/Wel
03/06 Rpt out - rec d/p - to 2nd rdg
03/07 2nd rdg - to 3rd rdg
03/13 3rd rdg - PASSED - 34-0-1
AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Cameron,
Coiner, Corder, Darrington, Davis, Fulcher, Gannon, Geddes, Goedde,
Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst, Little,
Lodge, Malepeai, McGee, McKague, McKenzie, Pearce, Richardson,
Schroeder, Siddoway, Stegner, Stennett, Werk
NAYS -- None
Absent and excused -- Burkett
Floor Sponsor - Broadsword
Title apvd - to House
03/14 To enrol
03/15 Rpt enrol - Sp signed - Pres signed
03/16 To Governor
03/21 Governor signed
Session Law Chapter 140
Effective: 07/01/07
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 158
BY HEALTH AND WELFARE COMMITTEE
1 AN ACT
2 RELATING TO PATIENT INFORMATION AND PRESCRIPTION CONFIDENTIALITY; AMENDING
3 SECTION 54-1727, IDAHO CODE, TO PROVIDE THAT DISCLOSURE OF PATIENT SPE-
4 CIFIC INFORMATION IS NOT PROHIBITED IF DISCLOSED TO LAW ENFORCEMENT
5 AUTHORITIES PURSUANT TO A SEARCH WARRANT, SUBPOENA, OR OTHER COURT ORDER.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Section 54-1727, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 54-1727. CONFIDENTIALITY OF PRESCRIPTIONS AND PATIENT INFORMATION. (1)
10 All prescriptions, drug orders, records or any other prescription information
11 that specifically identifies an individual patient shall be held in the
12 strictest confidence. No person in possession of such information shall
13 release the information, unless requested as follows:
14 (a) By the board, or its representatives, acting in their official capac-
15 ity;
16 (b) By the patient, or the patient's designee, regarding the patient's
17 own records;
18 (c) By the practitioner, or the practitioner's designee, who issued the
19 prescription;
20 (d) By other licensed health care professionals who are responsible for
21 the direct and acute care of the patient;
22 (e) By agents of the department of health and welfare when acting in
23 their official capacity with reference to issues related to the practice
24 of pharmacy (written requests by authorized agents of the department
25 requesting such information are required);
26 (f) By agents of any board whose practitioners have prescriptive author-
27 ity, when the board is enforcing laws governing that practitioner;
28 (g) By an agency of government charged with the responsibility for pro-
29 viding medical care for the patient (written requests by authorized agents
30 of the agency requesting such information are required);
31 (h) By the federal food and drug administration (FDA), for purposes
32 relating to monitoring of adverse drug events in compliance with the
33 requirements of federal law, rules or regulations adopted by the federal
34 food and drug administration;
35 (i) By the patient's authorized insurance benefit provider or health plan
36 providing health care coverage or pharmacy benefits to the patient.
37 (j) Nothing in this section shall be construed to prohibit consultations
38 between health care professionals who are involved in the diagnosis, care
39 and treatment of the patient.
40 (k) Nothing in this section shall prohibit insurance companies and health
41 plans from sharing patient specific information with law enforcement
42 authorities or any of the entities identified in subsections (1)(a)
43 through (i) of this section, in cases of suspected fraud and substance
2
1 abuse.
2 (l) Nothing in this section shall prohibit disclosure of patient specific
3 information to law enforcement authorities pursuant to a search warrant,
4 subpoena, or other court order.
5 (2) Nothing in this section shall prevent the pharmacist or others from
6 providing aggregate or other data, which does not identify the patient to
7 qualified researchers, including pharmaceutical manufacturers, for purposes of
8 clinical, pharmacoepidemiological, or pharmacoeconomic research.
9 (3) Any person who has knowledge by virtue of his office or occupation of
10 any prescription drug order, record, or pharmacy related information that spe-
11 cifically identifies an individual patient shall not divulge such information
12 except as authorized in subsections (1) and (2) of this section. Any person or
13 entity to whom information is divulged pursuant to subsection (1) of this sec-
14 tion shall not divulge such information except in compliance with this sec-
15 tion.
16 (4) Nothing in this section shall limit the authority of the board or its
17 representatives from inspecting the records of pharmacies or pharmacists or
18 the authority of any other board with licensees who have prescriptive author-
19 ity from performing any other duty or authority of that board, nor shall this
20 section limit a court of competent jurisdiction from ordering the release or
21 disclosure of such records upon a showing of just cause after such review or
22 hearing as the court deems necessary and proper. This section shall not limit
23 the authority of any other board or agency to inspect records of persons it
24 regulates, notwithstanding that the records may contain information protected
25 by the provisions of this section.
26 (5) In addition to all other penalties as provided by law, any person or
27 entity found by the board to be in violation of the provisions of this section
28 shall be subject to an administrative penalty not to exceed three thousand
29 dollars ($3,000) for each violation.
30 (6) No person shall be liable, nor shall a cause of action exist, for any
31 loss or damage based upon the proper good faith release of records pursuant to
32 the provisions of subsection (1) or (2) of this section.
STATEMENT OF PURPOSE
RS 16470
The proposed legislation will revise Idaho Code ยง 54-1727 to
allow prescription and patient information covered by this
section to be released to law enforcement agents upon
presentation of a search warrant or other appropriate court
order. The section inadvertently omitted a reference to law
enforcement access to this information and this proposed
revision will correct that omission.
FISCAL NOTE
There will be no fiscal impact from the passage of this
legislation.
CONTACT
Name: Mick Markuson
Agency: Pharmacy, Board of
Phone: (208) 334-2356
STATEMENT OF PURPOSE/FISCAL NOTE H 158