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H0511aa...............................................by HEALTH AND WELFARE
CHILD MORTALITY PREVENTION - Amends and adds to existing law relating to
child mortality prevention to provide a public records exemption; to state
legislative intent; to provide the purpose of the child mortality
prevention team; to define terms; to provide for child mortality prevention
team membership, organization and duties; to provide for child mortality
prevention team access to records; to provide for public access to records
and information; to provide for the release of information; and to provide
for the Child Mortality Prevention Team Fund.
02/11 House intro - 1st rdg - to printing
02/12 Rpt prt - to Health/Wel
03/05 Rpt out - to Gen Ord
03/11 Rpt out amen - to engros
03/12 Rpt engros - 1st rdg - to 2nd rdg as amen
03/13 2nd rdg - to 3rd rdg as amen
03/17 3rd rdg as amen - PASSED - 63-5-2
AYES -- Anderson, Andrus, Bayer, Bedke, Bell, Bilbao, Black, Block,
Bock, Boe, Bolz, Brackett, Bradford, Chadderdon, Chavez, Chew, Clark,
Collins, Crane, Durst, Eskridge, Hagedorn, Hart, Henbest, Henderson,
Jaquet, Killen, King, Kren, Labrador, Lake, LeFavour, Luker,
Marriott, Mathews, Mortimer, Moyle, Nielsen, Nonini, Pasley-Stuart,
Patrick, Pence, Raybould, Ringo, Roberts, Ruchti, Rusche, Sayler,
Schaefer, Shepherd(02), Shirley, Shively, Smith(30), Smith(24),
Snodgrass, Stevenson, Thomas, Trail, Vander Woude, Wills, Wood(27),
Wood(35), Mr. Speaker
NAYS -- Barrett, Bowers, Harwood, Shepherd(08), Thayn
Absent and excused -- Loertscher, McGeachin
Floor Sponsor - Mathews
Title apvd - to Senate
03/17 Senate intro - 1st rdg - to Health/Wel
03/19 Rpt out - rec d/p - to 2nd rdg
03/20 2nd rdg - to 3rd rdg
Ret'd to Health/Wel
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 511 BY HEALTH AND WELFARE COMMITTEE 1 AN ACT 2 RELATING TO CHILD MORTALITY PREVENTION; AMENDING SECTION 9-340C, IDAHO CODE, 3 TO PROVIDE A PUBLIC RECORDS EXCEPTION AND TO MAKE A TECHNICAL CORRECTION; 4 AMENDING TITLE 39, IDAHO CODE, BY THE ADDITION OF A NEW CHAPTER 20, TITLE 5 39, IDAHO CODE, TO STATE LEGISLATIVE INTENT, TO PROVIDE FOR THE PURPOSE OF 6 THE CHILD MORTALITY PREVENTION TEAM, TO DEFINE TERMS, TO PROVIDE FOR CHILD 7 MORTALITY PREVENTION TEAM MEMBERSHIP, ORGANIZATION AND DUTIES, TO PROVIDE 8 FOR CHILD MORTALITY PREVENTION TEAM ACCESS TO RECORDS, TO PROVIDE FOR PUB- 9 LIC ACCESS TO RECORDS AND INFORMATION, TO PROVIDE FOR THE RELEASE OF 10 INFORMATION AND TO PROVIDE FOR THE CHILD MORTALITY PREVENTION TEAM FUND. 11 Be It Enacted by the Legislature of the State of Idaho: 12 SECTION 1. That Section 9-340C, Idaho Code, be, and the same is hereby 13 amended to read as follows: 14 9-340C. RECORDS EXEMPT FROM DISCLOSURE -- PERSONNEL RECORDS, PERSONAL 15 INFORMATION, HEALTH RECORDS, PROFESSIONAL DISCIPLINE. The following records 16 are exempt from disclosure: 17 (1) Except as provided in this subsection, all personnel records of a 18 current or former public official other than the public official's public ser- 19 vice or employment history, classification, pay grade and step, longevity, 20 gross salary and salary history, status, workplace and employing agency. All 21 other personnel information relating to a public employee or applicant includ- 22 ing, but not limited to, information regarding sex, race, marital status, 23 birth date, home address and telephone number, applications, testing and 24 scoring materials, grievances, correspondence and performance evaluations, 25 shall not be disclosed to the public without the employee's or applicant's 26 written consent. Names of applicants to classified or merit system positions 27 shall not be disclosed to the public without the applicant's written consent. 28 Disclosure of names as part of a background check is permitted. Names of the 29 five (5) final applicants to all other positions shall be available to the 30 public. If such group is less than five (5) finalists, then the entire list of 31 applicants shall be available to the public. A public official or authorized 32 representative may inspect and copy his personnel records, except for material 33 used to screen and test for employment. 34 (2) Retired employees' and retired public officials' home addresses, home 35 telephone numbers and other financial and nonfinancial membership records; 36 active and inactive member financial and membership records and mortgage port- 37 folio loan documents maintained by the public employee retirement system. 38 Financial statements prepared by retirement system staff, funding agents and 39 custodians concerning the investment of assets of the public employee retire- 40 ment system of Idaho are not considered confidential under this chapter. 41 (3) Information and records submitted to the Idaho state lottery for the 42 performance of background investigations of employees, lottery retailers and 43 major procurement contractors; audit records of lottery retailers, vendors and 2 1 major procurement contractors submitted to or performed by the Idaho state 2 lottery; validation and security tests of the state lottery for lottery games; 3 business records and information submitted pursuant to sections 67-7412(8) and 4 (9) and 67-7421(8) and (9), Idaho Code, and such documents and information 5 obtained and held for the purposes of lottery security and investigative 6 action as determined by lottery rules unless the public interest in disclosure 7 substantially outweighs the private need for protection from public disclo- 8 sure. 9 (4) Records of a personal nature as follows: 10 (a) Records of personal debt filed with a public agency or independent 11 public body corporate and politic pursuant to law; 12 (b) Personal bank records compiled by a public depositor for the purpose 13 of public funds transactions conducted pursuant to law; 14 (c) Records of ownership of financial obligations and instruments of a 15 public agency or independent public body corporate and politic, such as 16 bonds, compiled by the public agency or independent public body corporate 17 and politic pursuant to law; 18 (d) Records, with regard to the ownership of, or security interests in, 19 registered public obligations; 20 (e) Vital statistics records; and 21 (f) Military records as described in and pursuant to section 65-301, 22 Idaho Code. 23 (5) Information in an income or other tax return measured by items of 24 income or sales, which is gathered by a public agency for the purpose of 25 administering the tax, except such information to the extent disclosed in a 26 written decision of the tax commission pursuant to a taxpayer protest of a 27 deficiency determination by the tax commission, under the provisions of sec- 28 tion 63-3045B, Idaho Code. 29 (6) Records of a personal nature related directly or indirectly to the 30 application for and provision of statutory services rendered to persons apply- 31 ing for public care for the elderly, indigent, or mentally or physically hand- 32 icapped, or participation in an environmental or a public health study, pro- 33 vided the provisions of this subsection making records exempt from disclosure 34 shall not apply to the extent that such records or information contained in 35 those records are necessary for a background check on an individual that is 36 required by federal law regulating the sale of firearms, guns or ammunition. 37 (7) Employment security information and unemployment insurance benefit 38 information, except that all interested parties may agree to waive the exemp- 39 tion unless access to the information by the parties is restricted by subsec- 40 tion (3)(a), (3)(b) or (3)(d) of section 9-342, Idaho Code. Notwithstanding 41 the provisions of section 9-342, Idaho Code, a person may not review identify- 42 ing information concerning an informant who reported to the department of 43 labor a suspected violation by the person of the employment security law, 44 chapter 13, title 72, Idaho Code, under an assurance of confidentiality. As 45 used in this section, "employment security information" means any information 46 descriptive of an identifiable person or persons that is received by, recorded 47 by, prepared by, furnished to or collected by the department of labor or the 48 industrial commission in the administration of the employment security law. 49 (8) Any personal records, other than names, business addresses and busi- 50 ness phone numbers, such as parentage, race, religion, sex, height, weight, 51 tax identification and social security numbers, financial worth or medical 52 condition submitted to any public agency or independent public body corporate 53 and politic pursuant to a statutory requirement for licensing, certification, 54 permit or bonding. 55 (9) Unless otherwise provided by agency rule, information obtained as 3 1 part of an inquiry into a person's fitness to be granted or retain a license, 2 certificate, permit, privilege, commission or position, private association 3 peer review committee records authorized in title 54, Idaho Code. Any agency 4 which has records exempt from disclosure under the provisions of this subsec- 5 tion shall annually make available a statistical summary of the number and 6 types of matters considered and their disposition. 7 (10) The records, findings, determinations and decisions of any prelitiga- 8 tion screening panel formed under chapters 10 and 23, title 6, Idaho Code. 9 (11) Complaints received by the board of medicine and investigations and 10 informal proceedings, including informal proceedings of any committee of the 11 board of medicine, pursuant to chapter 18, title 54, Idaho Code, and rules 12 adopted thereunder. 13 (12) Records of the department of health and welfare or a public health 14 district that identify a person infected with a reportable disease. 15 (13) Records of hospital care, medical records, including prescriptions, 16 drug orders, records or any other prescription information that specifically 17 identifies an individual patient, prescription records maintained by the board 18 of pharmacy under sections 37-2726 and 37-2730A, Idaho Code, records of psy- 19 chiatric care or treatment and professional counseling records relating to an 20 individual's condition, diagnosis, care or treatment, provided the provisions 21 of this subsection making records exempt from disclosure shall not apply to 22 the extent that such records or information contained in those records are 23 necessary for a background check on an individual that is required by federal 24 law regulating the sale of firearms, guns or ammunition. 25 (14) Information collected pursuant to the directory of new hires act, 26 chapter 16, title 72, Idaho Code. 27 (15) Personal information contained in motor vehicle and driver records 28 that is exempt from disclosure under the provisions of chapter 2, title 49, 29 Idaho Code. 30 (16) Records of the financial status of prisoners pursuant to subsection 31 (2) of section 20-607, Idaho Code. 32 (17) Records of the Idaho state police or department of correction 33 received or maintained pursuant to section 19-5514, Idaho Code, relating to 34 DNA databases and databanks. 35 (18) Records of the department of health and welfare relating to a survey, 36 resurvey or complaint investigation of a licensed nursing facility shall be 37 exempt from disclosure. Such records shall, however, be subject to disclosure 38 as public records as soon as the facility in question has received the report, 39 and no later than the fourteenth day following the date that department of 40 health and welfare representatives officially exit the facility pursuant to 41 federal regulations. Provided however, that for purposes of confidentiality, 42 no record shall be released under this section which specifically identifies 43 any nursing facility resident. 44 (19) Records and information contained in the registry of immunizations 45 against childhood diseases maintained in the department of health and welfare, 46 including information disseminated to others from the registry by the depart- 47 ment of health and welfare. 48 (20) Records of the Idaho housing and finance association (IHFA) relating 49 to the following: 50 (a) Records containing personal financial, family, health or similar per- 51 sonal information submitted to or otherwise obtained by the IHFA; 52 (b) Records submitted to or otherwise obtained by the IHFA with regard to 53 obtaining and servicing mortgage loans and all records relating to the 54 review, approval or rejection by the IHFA of said loans; 55 (c) Mortgage portfolio loan documents; 4 1 (d) Records of a current or former employee other than the employee's 2 duration of employment with the association, position held and location of 3 employment. This exemption from disclosure does not include the contracts 4 of employment or any remuneration, including reimbursement of expenses, of 5 the executive director, executive officers or commissioners of the associ- 6 ation. All other personnel information relating to an association employee 7 or applicant including, but not limited to, information regarding sex, 8 race, marital status, birth date, home address and telephone number, 9 applications, testing and scoring materials, grievances, correspondence, 10 retirement plan information and performance evaluations, shall not be dis- 11 closed to the public without the employee's or applicant's written con- 12 sent. An employee or authorized representative may inspect and copy that 13 employee's personnel records, except for material used to screen and test 14 for employment or material not subject to disclosure elsewhere in the 15 Idaho public records act. 16 (21) Records of the department of health and welfare related to child sup- 17 port services in cases in which there is reasonable evidence of domestic vio- 18 lence, as defined in chapter 63, title 39, Idaho Code, that can be used to 19 locate any individuals in the child support case except in response to a court 20 order. 21 (22) Records of the Idaho state bar lawyer'sassistance program pursuant 22 to chapter 49, title 54, Idaho Code, unless a participant in the program 23 authorizes the release pursuant to subsection (4) of section 54-4901, Idaho 24 Code. 25 (23) Records and information contained in the trauma registry created by 26 chapter 20, title 57, Idaho Code, together with any reports, analyses and com- 27 pilations created from such information and records. 28 (24) Records contained in the court files, or other records prepared as 29 part of proceedings for judicial authorization of sterilization procedures 30 pursuant to chapter 39, title 39, Idaho Code. 31 (25) The physical voter registration card on file in the county clerk's 32 office; however, a redacted copy of said card shall be made available consis- 33 tent with the requirements of this section. Information from the voter regis- 34 tration card maintained in the statewide voter registration database, includ- 35 ing age, will be made available except for the voter's driver's license num- 36 ber, date of birth and, upon showing of good cause by the voter to the county 37 clerk in consultation with the county prosecuting attorney, the physical resi- 38 dence address of the voter. For the purposes of this subsection good cause 39 shall include the protection of life and property and protection of victims of 40 domestic violence and similar crimes. 41 (26) File numbers, passwords and information in the files of the health 42 care directive registry maintained by the secretary of state under section 43 39-4515, Idaho Code, are confidential and shall not be disclosed to any person 44 other than to the person who executed the health care directive or the revoca- 45 tion thereof and that person's legal representatives, to the person who regis- 46 tered the health care directive or revocation thereof, and to physicians, hos- 47 pitals, medical personnel, nursing homes, and other persons who have been 48 granted file number and password access to the documents within that specific 49 file. 50 (27) Unless otherwise available to the public, information reviewed by 51 the child mortality prevention team as provided in chapter 20, title 39, Idaho 52 Code. 53 SECTION 2. That Title 39, Idaho Code, be, and the same is hereby amended 54 by the addition thereto of a NEW CHAPTER, to be known and designated as Chap- 5 1 ter 20, Title 39, Idaho Code, and to read as follows: 2 CHAPTER 20 3 CHILD MORTALITY PREVENTION TEAM 4 39-2001. LEGISLATIVE INTENT. The health and safety of Idaho's children is 5 important to the citizens of the state. Some child deaths are preventable. The 6 examination of relevant records by a statewide multidisciplinary child mortal- 7 ity prevention team well after the child's death can lead to a greater under- 8 standing of the causes of child death and methods of prevention. The intent of 9 the legislature is that this examination of relevant records be done in a man- 10 ner that respects the dignity of the deceased child's family. 11 39-2002. PURPOSE OF CHILD MORTALITY PREVENTION TEAM. (1) The purpose of 12 the statewide multidisciplinary, multiagency child fatality review system as 13 established in this chapter is to: 14 (a) Review the records of all reviewable child deaths in Idaho in order 15 to develop a community approach to the prevention of childhood fatalities; 16 (b) Understand the incidence and causes of childhood deaths; 17 (c) Identify any gaps or deficiencies that may exist in the delivery of 18 services to children and their families that are designed to prevent child 19 death; and 20 (d) Make recommendations, act as a catalyst for any changes to laws, 21 rules, and policies that will support the safe and healthy development of 22 the children in this state and prevent child death. 23 (2) Through a comprehensive and multidisciplinary review of child deaths, 24 the citizens of Idaho may use the findings of the Idaho child mortality pre- 25 vention team to take action to prevent other deaths and improve the health and 26 safety of Idaho's children. 27 39-2003. DEFINITIONS. In this chapter: 28 (1) "Child" means an individual between the ages of birth to eighteen 29 (18) years. 30 (2) "Child mortality prevention team" means the child mortality preven- 31 tion team created pursuant to section 39-2004, Idaho Code. 32 (3) "Department" means the Idaho Department of Health and Welfare. 33 (4) "Reviewable deaths" includes all sudden, unexpected and unexplained 34 deaths, including, but not limited to, deaths as a result of vehicular acci- 35 dent, falling, drowning, fire, poisoning, suicide, sudden infant death syn- 36 drome, abuse or neglect. 37 39-2004. CHILD MORTALITY PREVENTION TEAM MEMBERSHIP, ORGANIZATION AND 38 DUTIES. (1) The child mortality prevention team, consisting of nine (9) mem- 39 bers, shall be appointed by the department's director and shall be composed of 40 the following members: 41 (a) A pediatrician; 42 (b) An emergency medicine physician; 43 (c) A pathologist; 44 (d) A coroner; 45 (e) A prosecutor; 46 (f) A law enforcement representative; 47 (g) A health representative from the department; 48 (h) A child protection representative from the department's division of 49 family and community services; and 50 (i) A representative of the public. 6 1 The director is encouraged to appoint team members who also have 2 backgrounds in mental health, child advocacy and public education. 3 (2) Three (3) of the initial team members shall be appointed for one (1) 4 year terms; three (3) of the initial team members shall be appointed for two 5 (2) year terms; and three (3) of the initial team members shall be appointed 6 for three (3) year terms. Thereafter, team members shall be appointed for 7 three (3) year terms and shall be eligible for reappointment upon the expira- 8 tion of the terms. A chairperson shall be elected by the team members annu- 9 ally. Vacancies in the appointed membership shall be filled by the director 10 and shall serve out the remainder of the term for which appointment was made. 11 A team member may be removed for failure to attend meetings of the team as 12 required in this chapter or other good and sufficient cause upon the director 13 sending written notice to the team member stating the reason for removal and 14 the subsequent majority vote of the other team members. 15 (3) Child mortality prevention team members shall not receive salaries 16 but shall be entitled to compensation as provided in section 59-509(n), Idaho 17 Code. The compensation and expenses shall be allowed and paid from the child 18 mortality prevention team fund. 19 (4) The child mortality prevention team will meet on a quarterly basis to 20 review child deaths meeting the definition of "deaths of interest." 21 (5) The child mortality prevention team has the authority to appoint 22 staff to assist it in its tasks and to establish committees to review specific 23 types of childhood deaths. The director shall provide space and supplies to 24 the team to assist it in carrying out its responsibilities. 25 (6) An annual child mortality prevention team report, which does not con- 26 tain any identifying information, shall be prepared for written publication 27 and the findings and recommendations of the case review process shall be made 28 available to others with interest and activities in the area of child safety 29 and well-being. 30 39-2005. CHILD MORTALITY PREVENTION TEAM ACCESS TO RECORDS. (1) Notwith- 31 standing any other state law to the contrary but subject to the requirements 32 of applicable provisions of federal law, the child mortality prevention team 33 shall have access to all child protection and children's mental health records 34 and information in the possession of the department that are relevant to the 35 review of a child death, including records, death certificate abstracts and 36 information related to previous reports and investigations of suspected child 37 abuse or neglect. 38 (2) The child mortality prevention team shall also have access to all 39 other records and information that are relevant to a review of a child death 40 that may not be in possession of the department, such as police records, medi- 41 cal records, including medical records in a hospital related to a death, and 42 emergency medical system and coroner records. 43 (3) Substance abuse treatment records may be accessed only with the writ- 44 ten consent of appropriate parties in accordance with applicable federal and 45 state law. 46 39-2006. PUBLIC ACCESS TO RECORDS AND INFORMATION. (1) Each member of the 47 child mortality prevention team and each invited participant at a meeting 48 shall sign a statement indicating an understanding of and adherence to confi- 49 dentiality requirements. 50 (2) A member of the child mortality prevention team shall not contact, 51 interview or obtain information by request or subpoena from a member of a 52 deceased child's family. However, a member of the child mortality prevention 53 team who is otherwise a public officer or employee may contact, interview or 7 1 obtain information from a family member, if necessary, as part of the public 2 officer's or employee's other official duties. 3 (3) The child mortality prevention team meetings shall be closed to the 4 public pursuant to section 67-2345(1)(d), Idaho Code, if the team is reviewing 5 individual child fatality cases. 6 (4) Reports written by the child mortality prevention team shall not con- 7 tain identifying information. Records obtained by the child mortality preven- 8 tion team for review, containing identifying information, shall not be kept by 9 the team upon completion of the review and the annual report. Records will 10 either be returned to the agency from which they were received or destroyed. 11 (5) All information and records acquired by the child mortality preven- 12 tion team are confidential and not subject to subpoena, discovery or introduc- 13 tion into evidence in any civil or criminal proceedings, except that informa- 14 tion, documents and records otherwise available from other sources are not im- 15 mune from subpoena, discovery or introduction into evidence through those 16 sources solely because they were presented to or reviewed by a team. 17 39-2007. RELEASE OF INFORMATION. (1) Members of the child mortality pre- 18 vention team, a person who attends a child mortality prevention team meeting 19 and a person who presents information to a child mortality prevention team 20 shall not be subject to examination, in any civil or criminal proceeding, con- 21 cerning information presented to members of the child mortality prevention 22 team or opinions formed by the child mortality prevention team based on that 23 information. A person may, however, be examined concerning information 24 reviewed by the child mortality prevention team that is otherwise available to 25 the public or that is required to be revealed by that person in another capac- 26 ity. 27 (2) Information, documents and records of the child mortality prevention 28 team shall not be subject to subpoena, discovery or introduction into evidence 29 in any civil or criminal proceeding; except that information, documents, and 30 records that would otherwise be available from a person serving on the child 31 mortality prevention team or that would otherwise be required to be revealed 32 by law shall not be immune from subpoena, discovery, or introduction into evi- 33 dence solely because the information was presented at or became available due 34 to a proceeding of a child mortality prevention team meeting. 35 (3) Information received by the child mortality prevention team that con- 36 tains information exculpatory to a person charged with a criminal offense 37 shall be subject to release pursuant to the rules of criminal procedure. 38 39-2008. CHILD MORTALITY PREVENTION TEAM FUND. There is hereby created in 39 the state treasury the child mortality prevention team fund to be administered 40 by the department. Moneys in the fund may come from appropriations, gifts, 41 grants and donations. The state treasurer shall invest all moneys in the fund 42 and the interest and proceeds earned on such investments shall be returned to 43 the fund. Any unexpended and unencumbered moneys remaining in the fund at the 44 end of a fiscal year shall remain in the fund and shall not be credited or 45 transferred to the general fund or another fund.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008Moved by Chew Seconded by Rusche IN THE HOUSE OF REPRESENTATIVES HOUSE AMENDMENT TO H.B. NO. 511 1 AMENDMENTS TO SECTION 2 2 On page 5 of the printed bill, in line 33, following "Reviewable" insert: 3 "child"; on page 6, in line 20, delete ""deaths of interest."" and insert: 4 ""reviewable child deaths."". 5 AMENDMENT TO THE BILL 6 On page 7, following line 45, insert: 7 "SECTION 3. The provisions of Section 2 of this act shall be null, void 8 and of no force and effect on and after June 30, 2013.". 9 CORRECTION TO TITLE 10 On page 1, in line 10, following "FUND" insert: "; AND TO PROVIDE A SUNSET 11 DATE".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 511, As Amended BY HEALTH AND WELFARE COMMITTEE 1 AN ACT 2 RELATING TO CHILD MORTALITY PREVENTION; AMENDING SECTION 9-340C, IDAHO CODE, 3 TO PROVIDE A PUBLIC RECORDS EXCEPTION AND TO MAKE A TECHNICAL CORRECTION; 4 AMENDING TITLE 39, IDAHO CODE, BY THE ADDITION OF A NEW CHAPTER 20, TITLE 5 39, IDAHO CODE, TO STATE LEGISLATIVE INTENT, TO PROVIDE FOR THE PURPOSE OF 6 THE CHILD MORTALITY PREVENTION TEAM, TO DEFINE TERMS, TO PROVIDE FOR CHILD 7 MORTALITY PREVENTION TEAM MEMBERSHIP, ORGANIZATION AND DUTIES, TO PROVIDE 8 FOR CHILD MORTALITY PREVENTION TEAM ACCESS TO RECORDS, TO PROVIDE FOR PUB- 9 LIC ACCESS TO RECORDS AND INFORMATION, TO PROVIDE FOR THE RELEASE OF 10 INFORMATION AND TO PROVIDE FOR THE CHILD MORTALITY PREVENTION TEAM FUND; 11 AND TO PROVIDE A SUNSET DATE. 12 Be It Enacted by the Legislature of the State of Idaho: 13 SECTION 1. That Section 9-340C, Idaho Code, be, and the same is hereby 14 amended to read as follows: 15 9-340C. RECORDS EXEMPT FROM DISCLOSURE -- PERSONNEL RECORDS, PERSONAL 16 INFORMATION, HEALTH RECORDS, PROFESSIONAL DISCIPLINE. The following records 17 are exempt from disclosure: 18 (1) Except as provided in this subsection, all personnel records of a 19 current or former public official other than the public official's public ser- 20 vice or employment history, classification, pay grade and step, longevity, 21 gross salary and salary history, status, workplace and employing agency. All 22 other personnel information relating to a public employee or applicant includ- 23 ing, but not limited to, information regarding sex, race, marital status, 24 birth date, home address and telephone number, applications, testing and 25 scoring materials, grievances, correspondence and performance evaluations, 26 shall not be disclosed to the public without the employee's or applicant's 27 written consent. Names of applicants to classified or merit system positions 28 shall not be disclosed to the public without the applicant's written consent. 29 Disclosure of names as part of a background check is permitted. Names of the 30 five (5) final applicants to all other positions shall be available to the 31 public. If such group is less than five (5) finalists, then the entire list of 32 applicants shall be available to the public. A public official or authorized 33 representative may inspect and copy his personnel records, except for material 34 used to screen and test for employment. 35 (2) Retired employees' and retired public officials' home addresses, home 36 telephone numbers and other financial and nonfinancial membership records; 37 active and inactive member financial and membership records and mortgage port- 38 folio loan documents maintained by the public employee retirement system. 39 Financial statements prepared by retirement system staff, funding agents and 40 custodians concerning the investment of assets of the public employee retire- 41 ment system of Idaho are not considered confidential under this chapter. 42 (3) Information and records submitted to the Idaho state lottery for the 43 performance of background investigations of employees, lottery retailers and 2 1 major procurement contractors; audit records of lottery retailers, vendors and 2 major procurement contractors submitted to or performed by the Idaho state 3 lottery; validation and security tests of the state lottery for lottery games; 4 business records and information submitted pursuant to sections 67-7412(8) and 5 (9) and 67-7421(8) and (9), Idaho Code, and such documents and information 6 obtained and held for the purposes of lottery security and investigative 7 action as determined by lottery rules unless the public interest in disclosure 8 substantially outweighs the private need for protection from public disclo- 9 sure. 10 (4) Records of a personal nature as follows: 11 (a) Records of personal debt filed with a public agency or independent 12 public body corporate and politic pursuant to law; 13 (b) Personal bank records compiled by a public depositor for the purpose 14 of public funds transactions conducted pursuant to law; 15 (c) Records of ownership of financial obligations and instruments of a 16 public agency or independent public body corporate and politic, such as 17 bonds, compiled by the public agency or independent public body corporate 18 and politic pursuant to law; 19 (d) Records, with regard to the ownership of, or security interests in, 20 registered public obligations; 21 (e) Vital statistics records; and 22 (f) Military records as described in and pursuant to section 65-301, 23 Idaho Code. 24 (5) Information in an income or other tax return measured by items of 25 income or sales, which is gathered by a public agency for the purpose of 26 administering the tax, except such information to the extent disclosed in a 27 written decision of the tax commission pursuant to a taxpayer protest of a 28 deficiency determination by the tax commission, under the provisions of sec- 29 tion 63-3045B, Idaho Code. 30 (6) Records of a personal nature related directly or indirectly to the 31 application for and provision of statutory services rendered to persons apply- 32 ing for public care for the elderly, indigent, or mentally or physically hand- 33 icapped, or participation in an environmental or a public health study, pro- 34 vided the provisions of this subsection making records exempt from disclosure 35 shall not apply to the extent that such records or information contained in 36 those records are necessary for a background check on an individual that is 37 required by federal law regulating the sale of firearms, guns or ammunition. 38 (7) Employment security information and unemployment insurance benefit 39 information, except that all interested parties may agree to waive the exemp- 40 tion unless access to the information by the parties is restricted by subsec- 41 tion (3)(a), (3)(b) or (3)(d) of section 9-342, Idaho Code. Notwithstanding 42 the provisions of section 9-342, Idaho Code, a person may not review identify- 43 ing information concerning an informant who reported to the department of 44 labor a suspected violation by the person of the employment security law, 45 chapter 13, title 72, Idaho Code, under an assurance of confidentiality. As 46 used in this section, "employment security information" means any information 47 descriptive of an identifiable person or persons that is received by, recorded 48 by, prepared by, furnished to or collected by the department of labor or the 49 industrial commission in the administration of the employment security law. 50 (8) Any personal records, other than names, business addresses and busi- 51 ness phone numbers, such as parentage, race, religion, sex, height, weight, 52 tax identification and social security numbers, financial worth or medical 53 condition submitted to any public agency or independent public body corporate 54 and politic pursuant to a statutory requirement for licensing, certification, 55 permit or bonding. 3 1 (9) Unless otherwise provided by agency rule, information obtained as 2 part of an inquiry into a person's fitness to be granted or retain a license, 3 certificate, permit, privilege, commission or position, private association 4 peer review committee records authorized in title 54, Idaho Code. Any agency 5 which has records exempt from disclosure under the provisions of this subsec- 6 tion shall annually make available a statistical summary of the number and 7 types of matters considered and their disposition. 8 (10) The records, findings, determinations and decisions of any prelitiga- 9 tion screening panel formed under chapters 10 and 23, title 6, Idaho Code. 10 (11) Complaints received by the board of medicine and investigations and 11 informal proceedings, including informal proceedings of any committee of the 12 board of medicine, pursuant to chapter 18, title 54, Idaho Code, and rules 13 adopted thereunder. 14 (12) Records of the department of health and welfare or a public health 15 district that identify a person infected with a reportable disease. 16 (13) Records of hospital care, medical records, including prescriptions, 17 drug orders, records or any other prescription information that specifically 18 identifies an individual patient, prescription records maintained by the board 19 of pharmacy under sections 37-2726 and 37-2730A, Idaho Code, records of psy- 20 chiatric care or treatment and professional counseling records relating to an 21 individual's condition, diagnosis, care or treatment, provided the provisions 22 of this subsection making records exempt from disclosure shall not apply to 23 the extent that such records or information contained in those records are 24 necessary for a background check on an individual that is required by federal 25 law regulating the sale of firearms, guns or ammunition. 26 (14) Information collected pursuant to the directory of new hires act, 27 chapter 16, title 72, Idaho Code. 28 (15) Personal information contained in motor vehicle and driver records 29 that is exempt from disclosure under the provisions of chapter 2, title 49, 30 Idaho Code. 31 (16) Records of the financial status of prisoners pursuant to subsection 32 (2) of section 20-607, Idaho Code. 33 (17) Records of the Idaho state police or department of correction 34 received or maintained pursuant to section 19-5514, Idaho Code, relating to 35 DNA databases and databanks. 36 (18) Records of the department of health and welfare relating to a survey, 37 resurvey or complaint investigation of a licensed nursing facility shall be 38 exempt from disclosure. Such records shall, however, be subject to disclosure 39 as public records as soon as the facility in question has received the report, 40 and no later than the fourteenth day following the date that department of 41 health and welfare representatives officially exit the facility pursuant to 42 federal regulations. Provided however, that for purposes of confidentiality, 43 no record shall be released under this section which specifically identifies 44 any nursing facility resident. 45 (19) Records and information contained in the registry of immunizations 46 against childhood diseases maintained in the department of health and welfare, 47 including information disseminated to others from the registry by the depart- 48 ment of health and welfare. 49 (20) Records of the Idaho housing and finance association (IHFA) relating 50 to the following: 51 (a) Records containing personal financial, family, health or similar per- 52 sonal information submitted to or otherwise obtained by the IHFA; 53 (b) Records submitted to or otherwise obtained by the IHFA with regard to 54 obtaining and servicing mortgage loans and all records relating to the 55 review, approval or rejection by the IHFA of said loans; 4 1 (c) Mortgage portfolio loan documents; 2 (d) Records of a current or former employee other than the employee's 3 duration of employment with the association, position held and location of 4 employment. This exemption from disclosure does not include the contracts 5 of employment or any remuneration, including reimbursement of expenses, of 6 the executive director, executive officers or commissioners of the associ- 7 ation. All other personnel information relating to an association employee 8 or applicant including, but not limited to, information regarding sex, 9 race, marital status, birth date, home address and telephone number, 10 applications, testing and scoring materials, grievances, correspondence, 11 retirement plan information and performance evaluations, shall not be dis- 12 closed to the public without the employee's or applicant's written con- 13 sent. An employee or authorized representative may inspect and copy that 14 employee's personnel records, except for material used to screen and test 15 for employment or material not subject to disclosure elsewhere in the 16 Idaho public records act. 17 (21) Records of the department of health and welfare related to child sup- 18 port services in cases in which there is reasonable evidence of domestic vio- 19 lence, as defined in chapter 63, title 39, Idaho Code, that can be used to 20 locate any individuals in the child support case except in response to a court 21 order. 22 (22) Records of the Idaho state bar lawyer'sassistance program pursuant 23 to chapter 49, title 54, Idaho Code, unless a participant in the program 24 authorizes the release pursuant to subsection (4) of section 54-4901, Idaho 25 Code. 26 (23) Records and information contained in the trauma registry created by 27 chapter 20, title 57, Idaho Code, together with any reports, analyses and com- 28 pilations created from such information and records. 29 (24) Records contained in the court files, or other records prepared as 30 part of proceedings for judicial authorization of sterilization procedures 31 pursuant to chapter 39, title 39, Idaho Code. 32 (25) The physical voter registration card on file in the county clerk's 33 office; however, a redacted copy of said card shall be made available consis- 34 tent with the requirements of this section. Information from the voter regis- 35 tration card maintained in the statewide voter registration database, includ- 36 ing age, will be made available except for the voter's driver's license num- 37 ber, date of birth and, upon showing of good cause by the voter to the county 38 clerk in consultation with the county prosecuting attorney, the physical resi- 39 dence address of the voter. For the purposes of this subsection good cause 40 shall include the protection of life and property and protection of victims of 41 domestic violence and similar crimes. 42 (26) File numbers, passwords and information in the files of the health 43 care directive registry maintained by the secretary of state under section 44 39-4515, Idaho Code, are confidential and shall not be disclosed to any person 45 other than to the person who executed the health care directive or the revoca- 46 tion thereof and that person's legal representatives, to the person who regis- 47 tered the health care directive or revocation thereof, and to physicians, hos- 48 pitals, medical personnel, nursing homes, and other persons who have been 49 granted file number and password access to the documents within that specific 50 file. 51 (27) Unless otherwise available to the public, information reviewed by 52 the child mortality prevention team as provided in chapter 20, title 39, Idaho 53 Code. 5 1 SECTION 2. That Title 39, Idaho Code, be, and the same is hereby amended 2 by the addition thereto of a NEW CHAPTER, to be known and designated as Chap- 3 ter 20, Title 39, Idaho Code, and to read as follows: 4 CHAPTER 20 5 CHILD MORTALITY PREVENTION TEAM 6 39-2001. LEGISLATIVE INTENT. The health and safety of Idaho's children is 7 important to the citizens of the state. Some child deaths are preventable. The 8 examination of relevant records by a statewide multidisciplinary child mortal- 9 ity prevention team well after the child's death can lead to a greater under- 10 standing of the causes of child death and methods of prevention. The intent of 11 the legislature is that this examination of relevant records be done in a man- 12 ner that respects the dignity of the deceased child's family. 13 39-2002. PURPOSE OF CHILD MORTALITY PREVENTION TEAM. (1) The purpose of 14 the statewide multidisciplinary, multiagency child fatality review system as 15 established in this chapter is to: 16 (a) Review the records of all reviewable child deaths in Idaho in order 17 to develop a community approach to the prevention of childhood fatalities; 18 (b) Understand the incidence and causes of childhood deaths; 19 (c) Identify any gaps or deficiencies that may exist in the delivery of 20 services to children and their families that are designed to prevent child 21 death; and 22 (d) Make recommendations, act as a catalyst for any changes to laws, 23 rules, and policies that will support the safe and healthy development of 24 the children in this state and prevent child death. 25 (2) Through a comprehensive and multidisciplinary review of child deaths, 26 the citizens of Idaho may use the findings of the Idaho child mortality pre- 27 vention team to take action to prevent other deaths and improve the health and 28 safety of Idaho's children. 29 39-2003. DEFINITIONS. In this chapter: 30 (1) "Child" means an individual between the ages of birth to eighteen 31 (18) years. 32 (2) "Child mortality prevention team" means the child mortality preven- 33 tion team created pursuant to section 39-2004, Idaho Code. 34 (3) "Department" means the Idaho Department of Health and Welfare. 35 (4) "Reviewable child deaths" includes all sudden, unexpected and unex- 36 plained deaths, including, but not limited to, deaths as a result of vehicular 37 accident, falling, drowning, fire, poisoning, suicide, sudden infant death 38 syndrome, abuse or neglect. 39 39-2004. CHILD MORTALITY PREVENTION TEAM MEMBERSHIP, ORGANIZATION AND 40 DUTIES. (1) The child mortality prevention team, consisting of nine (9) mem- 41 bers, shall be appointed by the department's director and shall be composed of 42 the following members: 43 (a) A pediatrician; 44 (b) An emergency medicine physician; 45 (c) A pathologist; 46 (d) A coroner; 47 (e) A prosecutor; 48 (f) A law enforcement representative; 49 (g) A health representative from the department; 50 (h) A child protection representative from the department's division of 6 1 family and community services; and 2 (i) A representative of the public. 3 The director is encouraged to appoint team members who also have 4 backgrounds in mental health, child advocacy and public education. 5 (2) Three (3) of the initial team members shall be appointed for one (1) 6 year terms; three (3) of the initial team members shall be appointed for two 7 (2) year terms; and three (3) of the initial team members shall be appointed 8 for three (3) year terms. Thereafter, team members shall be appointed for 9 three (3) year terms and shall be eligible for reappointment upon the expira- 10 tion of the terms. A chairperson shall be elected by the team members annu- 11 ally. Vacancies in the appointed membership shall be filled by the director 12 and shall serve out the remainder of the term for which appointment was made. 13 A team member may be removed for failure to attend meetings of the team as 14 required in this chapter or other good and sufficient cause upon the director 15 sending written notice to the team member stating the reason for removal and 16 the subsequent majority vote of the other team members. 17 (3) Child mortality prevention team members shall not receive salaries 18 but shall be entitled to compensation as provided in section 59-509(n), Idaho 19 Code. The compensation and expenses shall be allowed and paid from the child 20 mortality prevention team fund. 21 (4) The child mortality prevention team will meet on a quarterly basis to 22 review child deaths meeting the definition of "reviewable child deaths." 23 (5) The child mortality prevention team has the authority to appoint 24 staff to assist it in its tasks and to establish committees to review specific 25 types of childhood deaths. The director shall provide space and supplies to 26 the team to assist it in carrying out its responsibilities. 27 (6) An annual child mortality prevention team report, which does not con- 28 tain any identifying information, shall be prepared for written publication 29 and the findings and recommendations of the case review process shall be made 30 available to others with interest and activities in the area of child safety 31 and well-being. 32 39-2005. CHILD MORTALITY PREVENTION TEAM ACCESS TO RECORDS. (1) Notwith- 33 standing any other state law to the contrary but subject to the requirements 34 of applicable provisions of federal law, the child mortality prevention team 35 shall have access to all child protection and children's mental health records 36 and information in the possession of the department that are relevant to the 37 review of a child death, including records, death certificate abstracts and 38 information related to previous reports and investigations of suspected child 39 abuse or neglect. 40 (2) The child mortality prevention team shall also have access to all 41 other records and information that are relevant to a review of a child death 42 that may not be in possession of the department, such as police records, medi- 43 cal records, including medical records in a hospital related to a death, and 44 emergency medical system and coroner records. 45 (3) Substance abuse treatment records may be accessed only with the writ- 46 ten consent of appropriate parties in accordance with applicable federal and 47 state law. 48 39-2006. PUBLIC ACCESS TO RECORDS AND INFORMATION. (1) Each member of the 49 child mortality prevention team and each invited participant at a meeting 50 shall sign a statement indicating an understanding of and adherence to confi- 51 dentiality requirements. 52 (2) A member of the child mortality prevention team shall not contact, 53 interview or obtain information by request or subpoena from a member of a 7 1 deceased child's family. However, a member of the child mortality prevention 2 team who is otherwise a public officer or employee may contact, interview or 3 obtain information from a family member, if necessary, as part of the public 4 officer's or employee's other official duties. 5 (3) The child mortality prevention team meetings shall be closed to the 6 public pursuant to section 67-2345(1)(d), Idaho Code, if the team is reviewing 7 individual child fatality cases. 8 (4) Reports written by the child mortality prevention team shall not con- 9 tain identifying information. Records obtained by the child mortality preven- 10 tion team for review, containing identifying information, shall not be kept by 11 the team upon completion of the review and the annual report. Records will 12 either be returned to the agency from which they were received or destroyed. 13 (5) All information and records acquired by the child mortality preven- 14 tion team are confidential and not subject to subpoena, discovery or introduc- 15 tion into evidence in any civil or criminal proceedings, except that informa- 16 tion, documents and records otherwise available from other sources are not im- 17 mune from subpoena, discovery or introduction into evidence through those 18 sources solely because they were presented to or reviewed by a team. 19 39-2007. RELEASE OF INFORMATION. (1) Members of the child mortality pre- 20 vention team, a person who attends a child mortality prevention team meeting 21 and a person who presents information to a child mortality prevention team 22 shall not be subject to examination, in any civil or criminal proceeding, con- 23 cerning information presented to members of the child mortality prevention 24 team or opinions formed by the child mortality prevention team based on that 25 information. A person may, however, be examined concerning information 26 reviewed by the child mortality prevention team that is otherwise available to 27 the public or that is required to be revealed by that person in another capac- 28 ity. 29 (2) Information, documents and records of the child mortality prevention 30 team shall not be subject to subpoena, discovery or introduction into evidence 31 in any civil or criminal proceeding; except that information, documents, and 32 records that would otherwise be available from a person serving on the child 33 mortality prevention team or that would otherwise be required to be revealed 34 by law shall not be immune from subpoena, discovery, or introduction into evi- 35 dence solely because the information was presented at or became available due 36 to a proceeding of a child mortality prevention team meeting. 37 (3) Information received by the child mortality prevention team that con- 38 tains information exculpatory to a person charged with a criminal offense 39 shall be subject to release pursuant to the rules of criminal procedure. 40 39-2008. CHILD MORTALITY PREVENTION TEAM FUND. There is hereby created in 41 the state treasury the child mortality prevention team fund to be administered 42 by the department. Moneys in the fund may come from appropriations, gifts, 43 grants and donations. The state treasurer shall invest all moneys in the fund 44 and the interest and proceeds earned on such investments shall be returned to 45 the fund. Any unexpended and unencumbered moneys remaining in the fund at the 46 end of a fiscal year shall remain in the fund and shall not be credited or 47 transferred to the general fund or another fund. 48 SECTION 3. The provisions of Section 2 of this act shall be null, void 49 and of no force and effect on and after June 30, 2013.
STATEMENT OF PURPOSE
RS 17864
This legislation adds new Chapter 20 to Title 39 of Idaho Code to
establishes a statewide multidisciplinary, multiagency Child
Mortality Prevention Team to aid in the prevention of child
deaths through the examination of relevant records. This bill
will define the membership, organization and duties of the Child
Mortality Prevention Team and create in the State Treasury a
child mortality prevention team fund.
This legislation also amends Idaho Code concerning public records
exempt from disclosure to include information reviewed by the
Child Mortality Prevention Team.
FISCAL NOTE
The estimated fiscal impact to establish the Child Mortality
Prevention Team is $43,550. This amount is a total of the
following figures
$32,250 for contracted part-time medical support staff
$8,500 for travel, lodging, and meeting activities
$3,000 for preparation of an annual report.
Contact
Name: Rep. Russ Matthews
Phone: 332-1225
Rep. Margaret Henbest
STATEMENT OF PURPOSE/FISCAL NOTE H 511