2008 Legislation
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SENATE BILL NO. 1472<br /> – Maternal death review panel

SENATE BILL NO. 1472

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S1472................................................by JUDICIARY AND RULES
MATERNAL DEATH REVIEW - Amends and adds to existing law relating to
maternal death review; to provide for a public records exception; to
provide for additional duties of the Bureau of Health Policy and Vital
Statistics; and to provide for the Maternal Death Review Panel.

03/06    Senate intro - 1st rdg - to printing
03/07    Rpt prt - to Health/Wel

Bill Text




                                                                       
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   Second Regular Session - 2008

                                                                       

                                       IN THE SENATE

                                    SENATE BILL NO. 1472

                              BY JUDICIARY AND RULES COMMITTEE

  1                                        AN ACT
  2    RELATING TO MATERNAL DEATH REVIEW PANEL; AMENDING SECTION 9-340C, IDAHO  CODE,
  3        TO  PROVIDE FOR A PUBLIC RECORDS EXCEPTION; AMENDING SECTION 39-260, IDAHO
  4        CODE, TO PROVIDE FOR ADDITIONAL DUTIES OF THE BUREAU OF HEALTH POLICY  AND
  5        VITAL  STATISTICS;  AND  AMENDING CHAPTER 13, TITLE 39, IDAHO CODE, BY THE
  6        ADDITION OF A NEW SECTION 39-1392g, IDAHO CODE, TO PROVIDE FOR THE  MATER-
  7        NAL DEATH REVIEW PANEL.

  8    Be It Enacted by the Legislature of the State of Idaho:

  9        SECTION  1.  That  Section  9-340C, Idaho Code, be, and the same is hereby
 10    amended to read as follows:

 11        9-340C.  RECORDS EXEMPT FROM DISCLOSURE  --  PERSONNEL  RECORDS,  PERSONAL
 12    INFORMATION,  HEALTH  RECORDS,  PROFESSIONAL DISCIPLINE. The following records
 13    are exempt from disclosure:
 14        (1)  Except as provided in this subsection, all  personnel  records  of  a
 15    current or former public official other than the public official's public ser-
 16    vice  or  employment  history,  classification, pay grade and step, longevity,
 17    gross salary and salary history, status, workplace and employing  agency.  All
 18    other personnel information relating to a public employee or applicant includ-
 19    ing,  but  not  limited  to,  information regarding sex, race, marital status,
 20    birth date, home address  and  telephone  number,  applications,  testing  and
 21    scoring  materials,  grievances,  correspondence  and performance evaluations,
 22    shall not be disclosed to the public without  the  employee's  or  applicant's
 23    written  consent.  Names of applicants to classified or merit system positions
 24    shall not be disclosed to the public without the applicant's written  consent.
 25    Disclosure  of  names as part of a background check is permitted. Names of the
 26    five (5) final applicants to all other positions shall  be  available  to  the
 27    public. If such group is less than five (5) finalists, then the entire list of
 28    applicants  shall  be available to the public. A public official or authorized
 29    representative may inspect and copy his personnel records, except for material
 30    used to screen and test for employment.
 31        (2)  Retired employees' and retired public officials' home addresses, home
 32    telephone numbers and other financial  and  nonfinancial  membership  records;
 33    active and inactive member financial and membership records and mortgage port-
 34    folio  loan  documents  maintained  by  the public employee retirement system.
 35    Financial statements prepared by retirement system staff, funding  agents  and
 36    custodians  concerning the investment of assets of the public employee retire-
 37    ment system of Idaho are not considered confidential under this chapter.
 38        (3)  Information and records submitted to the Idaho state lottery for  the
 39    performance  of  background investigations of employees, lottery retailers and
 40    major procurement contractors; audit records of lottery retailers, vendors and
 41    major procurement contractors submitted to or performed  by  the  Idaho  state
 42    lottery; validation and security tests of the state lottery for lottery games;
 43    business records and information submitted pursuant to sections 67-7412(8) and

                                       2

  1    (9)  and  67-7421(8)  and  (9), Idaho Code, and such documents and information
  2    obtained and held for the  purposes  of  lottery  security  and  investigative
  3    action as determined by lottery rules unless the public interest in disclosure
  4    substantially  outweighs  the  private need for protection from public disclo-
  5    sure.
  6        (4)  Records of a personal nature as follows:
  7        (a)  Records of personal debt filed with a public  agency  or  independent
  8        public body corporate and politic pursuant to law;
  9        (b)  Personal  bank records compiled by a public depositor for the purpose
 10        of public funds transactions conducted pursuant to law;
 11        (c)  Records of ownership of financial obligations and  instruments  of  a
 12        public  agency  or  independent public body corporate and politic, such as
 13        bonds, compiled by the public agency or independent public body  corporate
 14        and politic pursuant to law;
 15        (d)  Records,  with  regard to the ownership of, or security interests in,
 16        registered public obligations;
 17        (e)  Vital statistics records; and
 18        (f)  Military records as described in  and  pursuant  to  section  65-301,
 19        Idaho Code.
 20        (5)  Information  in  an  income  or other tax return measured by items of
 21    income or sales, which is gathered by a  public  agency  for  the  purpose  of
 22    administering  the  tax,  except such information to the extent disclosed in a
 23    written decision of the tax commission pursuant to a  taxpayer  protest  of  a
 24    deficiency  determination  by the tax commission, under the provisions of sec-
 25    tion 63-3045B, Idaho Code.
 26        (6)  Records of a personal nature related directly or  indirectly  to  the
 27    application for and provision of statutory services rendered to persons apply-
 28    ing for public care for the elderly, indigent, or mentally or physically hand-
 29    icapped,  or  participation in an environmental or a public health study, pro-
 30    vided the provisions of this subsection making records exempt from  disclosure
 31    shall  not  apply  to the extent that such records or information contained in
 32    those records are necessary for a background check on an  individual  that  is
 33    required by federal law regulating the sale of firearms, guns or ammunition.
 34        (7)  Employment  security  information  and unemployment insurance benefit
 35    information, except that all interested parties may agree to waive the  exemp-
 36    tion  unless access to the information by the parties is restricted by subsec-
 37    tion (3)(a), (3)(b) or (3)(d) of section 9-342,  Idaho  Code.  Notwithstanding
 38    the provisions of section 9-342, Idaho Code, a person may not review identify-
 39    ing  information  concerning  an  informant  who reported to the department of
 40    labor a suspected violation by the person  of  the  employment  security  law,
 41    chapter  13,  title  72, Idaho Code, under an assurance of confidentiality. As
 42    used in this section, "employment security information" means any  information
 43    descriptive of an identifiable person or persons that is received by, recorded
 44    by,  prepared  by, furnished to or collected by the department of labor or the
 45    industrial commission in the administration of the employment security law.
 46        (8)  Any personal records, other than names, business addresses and  busi-
 47    ness  phone  numbers,  such as parentage, race, religion, sex, height, weight,
 48    tax identification and social security numbers,  financial  worth  or  medical
 49    condition  submitted to any public agency or independent public body corporate
 50    and politic pursuant to a statutory requirement for licensing,  certification,
 51    permit or bonding.
 52        (9)  Unless  otherwise  provided  by  agency rule, information obtained as
 53    part of an inquiry into a person's fitness to be granted or retain a  license,
 54    certificate,  permit,  privilege,  commission or position, private association
 55    peer review committee records authorized in title 54, Idaho Code.  Any  agency

                                       3

  1    which  has records exempt from disclosure under the provisions of this subsec-
  2    tion shall annually make available a statistical summary  of  the  number  and
  3    types of matters considered and their disposition.
  4        (10) The records, findings, determinations and decisions of any prelitiga-
  5    tion  screening panel formed under chapters 10 and 23, title 6, Idaho Code.
  6        (11) Complaints  received  by the board of medicine and investigations and
  7    informal proceedings, including informal proceedings of any committee  of  the
  8    board  of  medicine,  pursuant  to chapter 18, title 54, Idaho Code, and rules
  9    adopted thereunder.
 10        (12) Records of the department of health and welfare or  a  public  health
 11    district that identify a person infected with a reportable disease.
 12        (13) Records  of  hospital care, medical records, including prescriptions,
 13    drug orders, records or any other prescription information  that  specifically
 14    identifies an individual patient, prescription records maintained by the board
 15    of  pharmacy  under sections 37-2726 and 37-2730A, Idaho Code, records of psy-
 16    chiatric care or treatment and professional counseling records relating to  an
 17    individual's  condition, diagnosis, care or treatment, provided the provisions
 18    of this subsection making records exempt from disclosure shall  not  apply  to
 19    the  extent  that  such  records or information contained in those records are
 20    necessary for a background check on an individual that is required by  federal
 21    law regulating the sale of firearms, guns or ammunition.
 22        (14) Information  collected  pursuant  to  the directory of new hires act,
 23    chapter 16, title 72, Idaho Code.
 24        (15) Personal information contained in motor vehicle  and  driver  records
 25    that  is  exempt  from disclosure under the provisions of chapter 2, title 49,
 26    Idaho Code.
 27        (16) Records of the financial status of prisoners pursuant  to  subsection
 28    (2) of section 20-607, Idaho Code.
 29        (17) Records  of  the  Idaho  state  police  or  department  of correction
 30    received or maintained pursuant to section 19-5514, Idaho  Code,  relating  to
 31    DNA databases and databanks.
 32        (18) Records of the department of health and welfare relating to a survey,
 33    resurvey  or  complaint  investigation of a licensed nursing facility shall be
 34    exempt from disclosure. Such records shall, however, be subject to  disclosure
 35    as public records as soon as the facility in question has received the report,
 36    and  no  later  than  the fourteenth day following the date that department of
 37    health and welfare representatives officially exit the  facility  pursuant  to
 38    federal  regulations.  Provided however, that for purposes of confidentiality,
 39    no record shall be released under this section which  specifically  identifies
 40    any nursing facility resident.
 41        (19) Records  and  information  contained in the registry of immunizations
 42    against childhood diseases maintained in the department of health and welfare,
 43    including information disseminated to others from the registry by the  depart-
 44    ment of health and welfare.
 45        (20) Records  of the Idaho housing and finance association (IHFA) relating
 46    to the following:
 47        (a)  Records containing personal financial, family, health or similar per-
 48        sonal information submitted to or otherwise obtained by the IHFA;
 49        (b)  Records submitted to or otherwise obtained by the IHFA with regard to
 50        obtaining and servicing mortgage loans and all  records  relating  to  the
 51        review, approval or rejection by the IHFA of said loans;
 52        (c)  Mortgage portfolio loan documents;
 53        (d)  Records  of  a  current  or former employee other than the employee's
 54        duration of employment with the association, position held and location of
 55        employment. This exemption from disclosure does not include the  contracts

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  1        of employment or any remuneration, including reimbursement of expenses, of
  2        the executive director, executive officers or commissioners of the associ-
  3        ation.  All  other  personnel  information    relating  to  an association
  4        employee or applicant including, but not limited to, information regarding
  5        sex, race, marital status, birth date, home address and telephone  number,
  6        applications,  testing  and scoring materials, grievances, correspondence,
  7        retirement plan information and performance evaluations, shall not be dis-
  8        closed to the public without the employee's or  applicant's  written  con-
  9        sent.  An  employee or authorized representative may inspect and copy that
 10        employee's personnel records, except for material used to screen and  test
 11        for  employment  or  material  not  subject to disclosure elsewhere in the
 12        Idaho public records act.
 13        (21) Records of the department of health and welfare related to child sup-
 14    port services in cases in which there is reasonable evidence of domestic  vio-
 15    lence,  as  defined  in  chapter 63, title 39, Idaho Code, that can be used to
 16    locate any individuals in the child support case except in response to a court
 17    order.
 18        (22) Records of the Idaho state bar lawyer's assistance  program  pursuant
 19    to  chapter  49,  title  54,  Idaho  Code, unless a participant in the program
 20    authorizes the release pursuant to subsection (4) of  section  54-4901,  Idaho
 21    Code.
 22        (23) Records  and  information contained in the trauma registry created by
 23    chapter 20, title 57, Idaho Code, together with any reports, analyses and com-
 24    pilations created from such information and records.
 25        (24) Records contained in the court files, or other  records  prepared  as
 26    part  of  proceedings  for  judicial authorization of sterilization procedures
 27    pursuant to chapter 39, title 39, Idaho Code.
 28        (25) The physical voter registration card on file in  the  county  clerk's
 29    office;  however, a redacted copy of said card shall be made available consis-
 30    tent with the requirements of this section. Information from the voter  regis-
 31    tration  card maintained in the statewide voter registration database, includ-
 32    ing age, will be made available except for the voter's driver's  license  num-
 33    ber,  date of birth and, upon showing of good cause by the voter to the county
 34    clerk in consultation with the county prosecuting attorney, the physical resi-
 35    dence address of the voter. For the purposes of  this  subsection  good  cause
 36    shall include the protection of life and property and protection of victims of
 37    domestic violence and similar crimes.
 38        (26) File  numbers,  passwords  and information in the files of the health
 39    care directive registry maintained by the secretary  of  state  under  section
 40    39-4515, Idaho Code, are confidential and shall not be disclosed to any person
 41    other than to the person who executed the health care directive or the revoca-
 42    tion thereof and that person's legal representatives, to the person who regis-
 43    tered the health care directive or revocation thereof, and to physicians, hos-
 44    pitals,  medical  personnel,  nursing  homes,  and other persons who have been
 45    granted file number and password access to the documents within that  specific
 46    file.
 47        (27) Records created, obtained and maintained by the maternal death review
 48    panel or its chairperson pursuant to section 39-1392g, Idaho Code.

 49        SECTION  2.  That  Section  39-260, Idaho Code, be, and the same is hereby
 50    amended to read as follows:

 51        39-260.  REGISTRATION OF DEATHS AND STILLBIRTHS. (1) A certificate of each
 52    death which occurs in this state shall be filed with the  local  registrar  of
 53    the  district in which the death occurs, or as otherwise directed by the state

                                       5

  1    registrar, within five (5) days  after  the  occurrence.  However,  the  board
  2    shall, by rule and upon such conditions as it may prescribe to assure  compli-
  3    ance  with the purposes of the vital statistics act, provide for the filing of
  4    death certificates without medical certifications of cause of death  in  cases
  5    in  which  compliance  with  the  applicable prescribed period would result in
  6    undue hardship; but provided, however, that medical certifications of cause of
  7    death shall be provided by  the  certifying  physician,  physician  assistant,
  8    advanced  practice  professional nurse or coroner to the vital statistics unit
  9    within fifteen (15) days from the filing of the death certificate. No certifi-
 10    cate shall be deemed complete until every item of information  required  shall
 11    have  been  provided  or its omission satisfactorily accounted for. When death
 12    occurs in a moving conveyance in the United  States  and  the  body  is  first
 13    removed  from  the  conveyance in this state, the death shall be registered in
 14    this state and the place where the body is first removed shall  be  considered
 15    the place of death. When a death occurs on a moving conveyance while in inter-
 16    national  airspace  or  in  a  foreign country or its airspace and the body is
 17    first removed from the conveyance in this state, the death shall be registered
 18    in this state but the certificate shall show the actual place of death insofar
 19    as can be determined. If the place of death is unknown but the  dead  body  is
 20    found  in this state, the certificate of death shall be completed and filed in
 21    accordance with this section. The place where the body is found shall be shown
 22    as the place of death. If the date of death is unknown, it shall be determined
 23    by approximation.
 24        The person in charge of interment or of removal of the body from the  dis-
 25    trict shall be responsible for obtaining and filing the certificate. Said per-
 26    son  shall  obtain  the  required information from the following persons, over
 27    their respective signatures:
 28        (a)  Personal data shall be supplied by the person best qualified to  sup-
 29        ply them; and
 30        (b)  Except  as  otherwise provided, medical data shall be supplied by the
 31        physician, physician assistant or advanced practice professional nurse who
 32        attended the deceased during the last illness, who shall  certify  to  the
 33        cause  of  death  according  to his best knowledge, information and belief
 34        within seventy-two (72) hours from time of death. In the  absence  of  the
 35        attending physician, physician assistant or advanced practice professional
 36        nurse  or with said person's approval the certificate may be completed and
 37        signed by said person's associate, who  must  be  a  physician,  physician
 38        assistant or advanced practice professional nurse, the chief medical offi-
 39        cer  of the institution in which death occurred, or the physician who per-
 40        formed an autopsy upon the decedent, provided such individual  has  access
 41        to  the medical history of the case, views the deceased at or after death,
 42        and death is due to natural causes.
 43        (2)  The person in charge of interment or of removal of the body from  the
 44    district  shall  refer  the  following  cases to the coroner who shall make an
 45    immediate investigation, supply the necessary medical data, and certify to the
 46    cause of death:
 47        (a)  When no physician, physician assistant or advanced  practice  profes-
 48        sional nurse was in attendance during the last illness of the deceased;
 49        (b)  When the circumstances suggest that the death occurred as a result of
 50        other than natural causes; or
 51        (c)  When  death  is  due  to  natural causes and the physician, physician
 52        assistant  or  advanced  practice  professional  nurse  who  attended  the
 53        deceased during the last illness or said person's designated associate who
 54        must be a physician, physician assistant or advanced practice professional
 55        nurse, is not available or is physically incapable of signing.

                                       6

  1        (3)  When a death is presumed to have occurred within this state  but  the
  2    body  cannot be located, a death certificate may be prepared by the state reg-
  3    istrar upon receipt  of an order of a court of record  of  this  state,  which
  4    shall include the finding of facts required to complete the death certificate.
  5    Such  a  death certificate shall be marked "presumptive" and shall show on its
  6    face the date of registration and shall identify the court  and  the  date  of
  7    decree.
  8        (4)  Each  stillbirth, defined as a spontaneous fetal death of twenty (20)
  9    completed weeks gestation or more, based on a clinical estimate of  gestation,
 10    or  a  weight  of three hundred fifty (350) grams (twelve and thirty-five hun-
 11    dredths (12.35) ounces) or more, which occurs in this state  shall  be  regis-
 12    tered  on a certificate of stillbirth within five (5) days after delivery with
 13    the local registrar of the district in  which  the  stillbirth  occurred.  All
 14    induced  terminations  of pregnancy shall be reported in the manner prescribed
 15    in section 39-261, Idaho Code, and shall not be reported  as  stillbirths.  No
 16    certificate  shall be deemed complete until every item of information required
 17    shall have been provided or its omission satisfactorily accounted for.
 18        (a)  When a stillbirth occurs in an institution, the person in  charge  of
 19        the  institution or a designated representative shall prepare the certifi-
 20        cate, obtain the  signature  of  the  physician,  physician  assistant  or
 21        advanced  practice  professional  nurse in attendance, except as otherwise
 22        provided in subsection (5) of this section, who shall provide the  medical
 23        data,  and  forward  the  certificate to the mortician or person acting as
 24        such. In the absence of the attending physician,  physician  assistant  or
 25        advanced  practice  professional  nurse or with said person's approval the
 26        certificate may be completed and signed by said  person's  associate,  who
 27        must be a physician, physician assistant or advanced practice professional
 28        nurse,  the  chief  medical officer of the institution in which the still-
 29        birth occurred, or the physician who performed an autopsy on the stillborn
 30        fetus, provided such individual has access to the medical history  of  the
 31        case  and  views the fetus at or after stillbirth. The mortician or person
 32        acting as such shall provide the disposition information and file the cer-
 33        tificate with the local registrar.
 34        (b)  When a stillbirth occurs outside an  institution,  the  mortician  or
 35        person  acting  as such shall complete the certificate, obtain the medical
 36        data from and signature of the attendant  at  the  stillbirth,  except  as
 37        otherwise provided in subsection (5) of this section, and file the certif-
 38        icate.  If  the  attendant at or immediately after the stillbirth is not a
 39        physician, physician assistant or advanced  practice  professional  nurse,
 40        the coroner shall investigate and sign the certificate of stillbirth.
 41        (c)  When  a stillbirth occurs in a moving conveyance in the United States
 42        and the stillborn fetus is first  removed  from  the  conveyance  in  this
 43        state,  the  stillbirth  shall  be  registered in this state and the place
 44        where the stillborn fetus is first removed shall be considered  the  place
 45        of  stillbirth.  When  a stillbirth occurs in a moving conveyance while in
 46        international airspace or in a foreign country or  its  airspace  and  the
 47        stillborn  fetus  is  first removed from the conveyance in this state, the
 48        stillbirth shall be registered in this state  but  the  certificate  shall
 49        show the actual place of stillbirth insofar as can be determined.
 50        (d)  When a stillborn fetus is found in this state and the place of still-
 51        birth  is unknown, it shall be reported in this state. The place where the
 52        stillborn fetus was found shall be considered the place of stillbirth.
 53        (e)  The name of the father shall be entered on the certificate of  still-
 54        birth as provided by section 39-255, Idaho Code.
 55        (5)  The  person  responsible  for  the  preparation  or completion of the

                                       7

  1    stillbirth certificate as stated in subsections (4)(a) and (b) of this section
  2    shall refer the following cases to the coroner who  shall  make  an  immediate
  3    investigation,  supply  the necessary medical data and certify to the cause of
  4    stillbirth:
  5        (a)  When the circumstances suggest that  the  stillbirth  occurred  as  a
  6        result  of other than natural causes, excepting legally induced abortions,
  7        as defined by section 39-241, Idaho Code; or
  8        (b)  When death is due to natural  causes  and  the  physician,  physician
  9        assistant  or  advanced  practice  professional  nurse in attendance at or
 10        immediately after the stillbirth or said person's designated associate  is
 11        not available or is physically incapable of signing.
 12        (6)  The bureau of health policy and vital statistics of the department of
 13    health and welfare shall attempt to determine if any female decedent was preg-
 14    nant  within  one  (1)  year of death. When the circumstances of death include
 15    that the decedent was pregnant at the time of death or was pregnant within one
 16    (1) year prior to death, the bureau of  health  policy  and  vital  statistics
 17    shall so inform the chairperson of the maternal death review panel established
 18    pursuant to section 39-1392g, Idaho Code.

 19        SECTION  3.  That  Chapter  13,  Title 39, Idaho Code, be, and the same is
 20    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 21    ignated as Section 39-1392g, Idaho Code, and to read as follows:

 22        39-1392g.  MATERNAL  DEATH  REVIEW PANEL. (1) Panel established. The board
 23    of medicine shall establish a maternal death review panel as provided  for  in
 24    this section.
 25        (2)  Definitions. As used in this section:
 26        (a)  "Chairperson"   means   the   chairperson   of   the  panel  or  that
 27        chairperson's designee.
 28        (b)  "Maternal death" means a woman who dies while pregnant, or within one
 29        (1) year  of  the  end  of  a  pregnancy  without  distinguishing  between
 30        pregnancies  ending  in  termination,  spontaneous abortion, ectopic preg-
 31        nancy, molar pregnancy or premature delivery  or at term of a live born or
 32        stillborn infant.
 33        (c)  "Panel" means the maternal death review panel established under  this
 34        section.
 35        (3)  Panel  membership.  The board of medicine shall appoint not less than
 36    three (3) members to the panel who shall serve without compensation and at the
 37    pleasure of the board. At least one (1) panel member shall be an  obstetrician
 38    licensed  to  practice medicine by the state of Idaho. Other panel members may
 39    consist of health care and social service providers, public  health  officials
 40    and  other  persons with professional expertise on maternal health and mortal-
 41    ity. The chairperson of the panel shall be an obstetrician.
 42        (4)  Duties and powers of panel chairperson. The panel chairperson shall:
 43        (a)  Review all maternal deaths occurring in Idaho;
 44        (b)  Have the authority to access all  medical  records  relevant  to  the
 45        maternal  death  under  review.  However,  the panel chairperson shall not
 46        retain medical records or copies thereof after the panel has presented its
 47        report as provided for in subsection (5) of this section;
 48        (c)  Prior to accessing medical records as provided for in  paragraph  (b)
 49        of  this  subsection,  provide  the person maintaining the medical records
 50        with a copy of sections 39-1392a through 39-1392g, Idaho Code,  so  as  to
 51        indicate and confirm that the panel's review is a peer review activity and
 52        is entitled to the confidentiality and privileges as provided therein;
 53        (d)  Conduct those interviews of treating physicians, nurses, other health

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  1        care  providers, family members and anyone the chairperson deems important
  2        in determining modifiable factors that could  have  prevented  the  death,
  3        while  at  all  times  endeavoring  to  minimize the burden imposed on the
  4        decedent's family, on health care providers and on health care facilities;
  5        and
  6        (e)  Prepare a summary of  relevant  information  regarding  the  maternal
  7        death  and  related  events  with  the  name or identifier of the deceased
  8        removed and present this summary to the panel at the panel's next meeting.
  9        (5)  Duties and powers of the panel. The panel shall:
 10        (a)  Conduct a comprehensive and multidisciplinary  review  of  data  pre-
 11        sented by the panel's chairperson;
 12        (b)  Present  an  annual report to the board of medicine, identifying fac-
 13        tors contributing to maternal death in Idaho and making recommendations to
 14        the board for improvements that could decrease the rate of maternal death;
 15        and
 16        (c)  Endeavor to minimize the burden imposed on the decedent's family,  on
 17        health care providers and on health care facilities.
 18        (6)  Cooperation.  The bureau of health policy and vital statistics of the
 19    department of health and welfare shall cooperate with the panel in identifying
 20    cases of maternal death occurring in Idaho using the following methods:
 21        (a)  International classification of diseases,  tenth  revision  (ICD-10),
 22        underlying causes of death codes from chapter XV;
 23        (b)  Item  no. 30 on the Idaho death certificate checked to indicate preg-
 24        nant at time of death; not pregnant, but pregnant  within  forty-two  (42)
 25        days  of death; or not pregnant, but pregnant forty-three (43) days to one
 26        (1) year before death; or
 27        (c)  Other methods recommended by the bureau  that  promote  the  goal  of
 28        identifying all maternal deaths occurring in Idaho.
 29        (7)  Access  to  medical  records. Health care practitioners and providers
 30    and health care facilities shall provide the panel and the panel's chairperson
 31    with reasonable access to all  relevant  medical  records  associated  with  a
 32    maternal death.
 33        (8)  Confidentiality. All records created, obtained or maintained pursuant
 34    to this section, except for the report provided for under subsection (5)(b) of
 35    this section, are not:
 36        (a)  Public records;
 37        (b)  Subject to subpoena or civil process; and
 38        (c)  Admissible  in  evidence  in connection with any judicial, executive,
 39        legislative or other proceeding.
 40        (9)  Immunity. A health care practitioner, hospital or health care  facil-
 41    ity,  or  any employee or agent of that person or entity, shall not be subject
 42    to civil or criminal liability arising from the disclosure  or  furnishing  of
 43    information  to  the  panel or its chairperson pursuant to this section. Panel
 44    members shall not be subject to civil or criminal liability arising out of the
 45    review activities undertaken pursuant to this section.
 46        (10) Rules. The board of medicine shall promulgate rules to implement  the
 47    provisions of this section.
 48        (11) Available moneys. The chairperson and the panel shall undertake their
 49    respective  duties and powers as provided pursuant to this section only to the
 50    extent that moneys are provided for these purposes through private  donations,
 51    grants, awards or other moneys.

Statement of Purpose / Fiscal Impact



                     STATEMENT OF PURPOSE

                          RS 18016C1

This legislation adds a new section to Chapter 13, Title 39 of
Idaho Code to establish a statewide review of maternal deaths. 
The purpose of the review is to identify possible health care
system issues which might be improved to decrease the risk of
maternal death.  The bill defines membership and duties of the
review panel which will be appointed by the Board of Medicine. 
The bill provides for maintaining confidentiality of medical
records, peer review protection of the proceedings of the panel,
and a report to be made to the Board of Medicine.

                         FISCAL NOTE

The estimated fiscal impact to establish the Maternal Death
Review is zero as the bill provides for implementation only with
outside funding.  The Idaho section of American College of
Obstetricians and Gynecologists has already committed to funding
this (approximately $1,600.00 per year in clerical and meeting
costs).





Contact
Name: Lee Parsons, MD 
Phone: (208) 888-0909
Name: Senator John McGee


STATEMENT OF PURPOSE/FISCAL NOTE                        S 1472