2007 Legislation
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HOUSE BILL NO. 158 – Prescriptn, patient info, disclosed

HOUSE BILL NO. 158

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Bill Status



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

Bill Text


                                                                        
                                                                        
  ]]]]              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 / Fiscal Impact


                    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