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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 - 2007IN 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