Section 701.328

Title XLI CODES AND STANDARDS

Chapter 701

Effective - 28 Aug 2005, 2 histories   

  701.328.  Identity of persons participating to be protected — consent for release form, when requested — use and publishing of reports. — 1.  The department of health and senior services shall protect the identity of the patient and physician involved in the reporting required by sections 701.318 to 701.349.  Such identity shall not be revealed except that the identity of the patient shall be released only upon written consent of the patient.  The identity of the physician shall be released only upon written consent of the physician.

  2.  The department may release without consent any information obtained pursuant to sections 701.318 to 701.349, including the identities of certain patients or physicians, when the information is necessary for the performance of duties by public employees within, or the legally designated agents of, any federal, state, or local agency, department or political subdivision, but only when such employees and agents need to know such information to perform their public duties.

  3.  The department shall use or publish reports based upon materials reported pursuant to sections 701.318 to 701.349 to advance research, education, treatment and lead abatement.  The department shall geographically index the data from lead testing reports to determine the location of areas of high incidence of lead poisoning.  The department shall provide qualified researchers with data from the reported information upon the researcher's compliance with appropriate conditions as provided by rule and upon payment of a fee to cover the cost of processing the data.

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(L. 1993 S.B. 232 § 15, A.L. 1998 H.B. 977 & 1608, A.L. 2001 S.B. 266, A.L. 2005 S.B. 95)