§ 124.553 — Information access

Iowa § 124.553

• Jurisdiction: Iowa
• Title IV: PUBLIC HEALTH
• Ch. 124: CONTROLLED SUBSTANCES

Text

1. The board may provide information from the program to the following:
a. (1) A pharmacist, veterinarian, or prescribing practitioner who requests the
information and certifies in a form specified by the board that it is for the purpose of
providing medical or pharmaceutical care to a patient of the pharmacist, veterinarian,
or prescribing practitioner. A pharmacist, veterinarian, or prescribing practitioner may
delegate program information access to another authorized individual or agent only if that
individual or agent registers for program information access, pursuant to board rules, as an
agent of the pharmacist, veterinarian, or prescribing practitioner. Board rules shall identify
the qualifications for a pharmacist’s, veterinarian’s, or prescribing practitioner’s agent and
shall limit the number of agents to whom each pharmacist, veterinarian, or prescribing
practitioner may delegate program information access.
(2) Notwithstanding subparagraph (1), a prescribing practitioner may delegate program
information access to another licensed health care professional in emergency situations
where the patient would be placed in greater jeopardy if the prescribing practitioner was
required to access the information personally.
b. An individual who requests the individual’s own program information in accordance
with the procedure established in rules of the board adopted under section 124.554.
c. Pursuant to an order, subpoena, or other means of legal compulsion for access to or
release of program information that is issued based upon a determination of probable cause
in the course of a specific investigation of a specific individual.
d. A prescription database or monitoring program in another jurisdiction pursuant to
subsection 7.
e. An institutional user established by the board to facilitate the secure access of
a prescribing practitioner or pharmacist to the program through electronic health and
pharmacy information systems.
f. The state medical examiner or a county medical examiner as appointed pursuant to
section 331.801 or 691.5 or a medical examiner investigator recognized by the office of the

state medical examiner when the information requested by the examiner or investigator
relates to an investigation being conducted by the examiner or investigator.
g. A prescribing practitioner or pharmacist through the use of a targeted distribution of
proactive notifications.
h. A prescribing practitioner for the issuance of a required report pursuant to section
124.554, subsection 3.
2. The board shall maintain a record of each person that requests information from
the program and of all proactive notifications distributed to prescribing practitioners and
dispensing pharmacists as provided in subsection 1, paragraph “g”. Pursuant to rules
adopted by the board under section 124.554, the board may use the records to document
and report statistical information, and may provide program information for statistical,
public research, public policy, or educational purposes, after removing personal identifying
information of a patient, prescribing practitioner, dispenser, or other person who is identified
in the information.
3. Information contained in the program and any information obtained from it, and
information contained in the records of requests for information from the program and
information distributed to prescribing practitioners and dispensing pharmacists as provided
in subsection 1, paragraph “g”, is privileged and strictly confidential information. Such
information is a confidential public record pursuant to section 22.7, and is not subject to
discovery, subpoena, or other means of legal compulsion for release except as provided in
this subchapter. Information from the program shall not be released, shared with an agency
or institution, or made public except as provided in this subchapter.
4. A pharmacist or other dispenser making a report to the program reasonably and
in good faith pursuant to this subchapter is immune from any liability, civil, criminal, or
administrative, which might otherwise be incurred or imposed as a result of the report.
5. Nothing in this section shall require a pharmacist, veterinarian, or prescribing
practitioner to obtain information about a patient from the program. A pharmacist,
veterinarian, or prescribing practitioner does not have a duty and shall not be held liable
in damages to any person in any civil or derivative criminal or administrative action for
injury, death, or loss to person or property on the basis that the pharmacist, veterinarian, or
prescribing practitioner did or did not seek or obtain or use information from the program.
A pharmacist, veterinarian, or prescribing practitioner acting reasonably and in good faith is
immune from any civil, criminal, or administrative liability that might otherwise be incurred
or imposed for requesting or receiving or using information from the program.
6. Theboardshallnotchargeafeetoapharmacy, pharmacist, veterinarian, orprescribing
practitioner for the establishment, maintenance, or administration of the program, including
costs for forms required to submit information to or access information from the program,
except that the board may charge a fee to an individual who requests the individual’s own
program information. A fee charged pursuant to this subsection shall not exceed the actual
cost of providing the requested information and shall be considered appropriated receipts as
defined in section 8.2.
7. The board may enter into an agreement with a prescription database or monitoring
program operated in any state for the mutual exchange of information. Any agreement
entered into pursuant to this subsection shall specify that all the information exchanged
pursuant to the agreement shall be used and disseminated in accordance with the laws of
this state.