135.28 - STATE SUBSTITUTE MEDICAL DECISION-MAKING BOARD.

        135.28  STATE SUBSTITUTE MEDICAL DECISION-MAKING
      BOARD.
         A state substitute medical decision-making board is established to
      formulate policy and guidelines for the operations of local
      substitute medical decision-making boards, and to act if a local
      substitute medical decision-making board does not exist.  The
      department, with the approval of the state substitute medical
      decision-making board, shall adopt rules pursuant to chapter 17A for
      the appointment and operation of local substitute medical
      decision-making boards.  Notwithstanding any other provision to the
      contrary regarding confidentiality of medical records, the state
      substitute medical decision-making board may issue subpoenas relating
      to the production of medical records of a patient under the board's
      review.  A person participating in good faith in releasing medical
      record information in response to a board subpoena is immune from any
      liability, civil or criminal, which might otherwise be incurred or
      imposed.
         The state substitute medical decision-making board is comprised of
      medical professionals and lay persons appointed by the director and
      the state board of health according to rules adopted by the
      department.  The state substitute medical decision-making board and
      its members are not liable, jointly or severally, for actions or
      omissions taken or made in the official discharge of their duties,
      except those acts or omissions constituting willful or wanton
      misconduct.  
         Section History: Recent Form
         89 Acts, ch 178, § 1; 90 Acts, ch 1026, § 1; 93 Acts, ch 139, § 2