235B.6 - AUTHORIZED ACCESS.
235B.6 AUTHORIZED ACCESS.
1. Notwithstanding chapter 22, the confidentiality of all
dependent adult abuse information shall be maintained, except as
specifically provided by subsections 2 and 3.
2. Access to dependent adult abuse information other than
unfounded dependent adult abuse information is authorized only to the
following persons:
a. A subject of a report including all of the following:
(1) To an adult named in a report as a victim of abuse or to the
adult's attorney or guardian ad litem.
(2) To a guardian or legal custodian, or that person's attorney,
of an adult named in a report as a victim of abuse.
(3) To the person or the attorney for the person named in a
report as having abused an adult.
b. A person involved in an investigation of dependent adult
abuse including all of the following:
(1) A health practitioner or mental health professional who is
examining, attending, or treating an adult whom such practitioner or
professional believes or has reason to believe has been the victim of
abuse or to a health practitioner or mental health professional whose
consultation with respect to an adult believed to have been the
victim of abuse is requested by the department.
(2) An employee or agent of the department responsible for the
investigation of a dependent adult abuse report or for the purpose of
performing record checks as required under section 135C.33.
(3) A representative of the department involved in the
certification or accreditation of an agency or program providing care
or services to a dependent adult believed to have been a victim of
abuse.
(4) A law enforcement officer responsible for assisting in an
investigation of a dependent adult abuse allegation.
(5) A multidisciplinary team, if the department of human services
approves the composition of the multidisciplinary team and determines
that access to the team is necessary to assist the department in the
investigation, diagnosis, assessment, and disposition of a case of
dependent adult abuse.
(6) The mandatory reporter who reported the dependent adult abuse
in an individual case.
(7) Each board specified under chapter 147 and the Iowa
department of public health for the purpose of licensure,
certification or registration, disciplinary investigation, or the
renewal of licensure, certification or registration, or disciplinary
proceedings of health care professionals.
c. A person providing care to an adult including all of the
following:
(1) A licensing authority for a facility, including a facility or
program defined in section 235E.1, providing care to an adult named
in a report.
(2) A person authorized as responsible for the care or
supervision of an adult named in a report as a victim of abuse or a
person named in a report as having abused an adult if the court or
registry deems access to dependent adult abuse information by such
person to be necessary.
(3) An employee or agent of the department responsible for
registering or licensing or approving the registration or licensing
of a person, or to an individual providing care to an adult and
regulated by the department.
(4) The legally authorized protection and advocacy agency
recognized pursuant to section 135C.2 if a person identified in the
information as a victim or a perpetrator of abuse resided in or
receives services from a facility, including a facility or program
defined in section 235E.1, or agency because the person is diagnosed
as having a developmental disability or a mental illness.
(5) To an administrator of an agency certified by the department
of human services to provide services under a medical assistance home
and community-based services waiver, if the information concerns a
person employed by or being considered by the agency for employment.
(6) To the administrator of an agency providing mental health,
mental retardation, or developmental disability services under a
county management plan developed pursuant to section 331.439, if the
information concerns a person employed by or being considered by the
agency for employment.
(7) To an administrator of a hospital licensed under chapter 135B
if the data concerns a person employed or being considered for
employment by the hospital.
(8) An employee of an agency requested by the department to
provide case management or other services to the dependent adult.
d. Relating to judicial and administrative proceedings,
persons including all of the following:
(1) A court upon a finding that information is necessary for the
resolution of an issue arising in any phase of a case involving
dependent adult abuse.
(2) A court or agency hearing an appeal for correction of
dependent adult abuse information as provided in section 235B.10.
(3) An expert witness or a witness who testifies at any stage of
an appeal necessary for correction of dependent adult abuse
information as provided in section 235B.10.
(4) A court or administrative agency making a determination
regarding an unemployment compensation claim pursuant to section
96.6.
e. Other persons including all of the following:
(1) A person conducting bona fide research on dependent adult
abuse, but without information identifying individuals named in a
dependent adult abuse report, unless having that information open to
review is essential to the research or evaluation and the authorized
registry officials give prior written approval and the adult, the
adult's guardian or guardian ad litem, and the person named in a
report as having abused an adult give permission to release the
information.
(2) Registry or department personnel when necessary to the
performance of their official duties or a person or agency under
contract with the department to carry out official duties and
functions of the registry.
(3) The department of justice for the sole purpose of the filing
of a claim for reparation pursuant to sections 915.21 and 915.84.
(4) A legally constituted adult protection agency of another
state which is investigating or treating an adult named in a report
as having been abused.
(5) The attorney for the department who is responsible for
representing the department.
(6) A health care facility administrator or the administrator's
designee, following the appeals process, for the purpose of hiring
staff or continued employment of staff.
(7) To the administrator of an agency providing care to a
dependent adult in another state, for the purpose of performing an
employment background check.
(8) To the superintendent, or the superintendent's designee, of a
school district or to the authorities in charge of an accredited
nonpublic school for purposes of a volunteer or employment record
check.
(9) The department of inspections and appeals for purposes of
record checks of applicants for employment with the department of
inspections and appeals.
(10) The long-term care resident's advocate if the victim resides
in a long-term care facility or the alleged perpetrator is an
employee of a long-term care facility.
(11) The state office or a local office of substitute decision
maker as defined in section 231E.3, if the information relates to the
provision of legal services for a client served by the state or local
office of substitute decision maker.
(12) A nursing program that is approved by the state board of
nursing under section 152.5, if the information relates to a record
check performed pursuant to section 152.5.
(13) To the board of educational examiners created under chapter
272 for purposes of determining whether a license, certificate, or
authorization should be issued, denied, or revoked.
(14) The department on aging for the purposes of conducting
background checks of applicants for employment with the department on
aging.
(15) To the Iowa veterans home for purposes of record checks of
potential volunteers and volunteers in the Iowa veterans home.
f. To a person who submits written authorization from an
individual allowing the person access to information on the
determination only on whether or not the individual who authorized
the access is named in a founded dependent adult abuse report as
having abused a dependent adult.
3. Access to unfounded dependent adult abuse information is
authorized only to those persons identified in subsection 2,
paragraph "a", paragraph "b", subparagraphs (2), (5), and
(6), and paragraph "e", subparagraphs (2) and (10). tion History: Recent Form
91 Acts, ch 231, § 6; 92 Acts, ch 1163, § 50; 95 Acts, ch 50, § 1;
95 Acts, ch 93, § 4; 96 Acts, ch 1183, § 29; 97 Acts, ch 42, § 2; 98
Acts, ch 1090, §65, 84; 99 Acts, ch 141, §32; 2000 Acts, ch 1067, §3;
2000 Acts, ch 1153, §2; 2001 Acts, ch 8, §3; 2001 Acts, ch 20, §4, 5;
2002 Acts, ch 1034, §3; 2003 Acts, ch 98, §3--5; 2005 Acts, ch 46,
§1; 2005 Acts, ch 175, §143; 2006 Acts, ch 1008, §3; 2006 Acts, ch
1030, §28; 2006 Acts, ch 1152, §2; 2007 Acts, ch 10, §167; 2008 Acts,
ch 1093, § 8, 9; 2008 Acts, ch 1187, § 116; 2009 Acts, ch 23, §51,
52; 2009 Acts, ch 93, § 3
Referred to in § 235B.3, 235B.4, 235B.7, 235B.8, 235B.12, 235E.2,
235E.4, 331.909