701.328. Identity of persons participating to be protected--consent for release form, when requested--use and publishing of reports.
Identity of persons participating to be protected--consent for releaseform, when requested--use and publishing of reports.
701.328. 1. The department of health and senior services shallprotect the identity of the patient and physician involved in the reportingrequired by sections 701.318 to 701.349. Such identity shall not berevealed except that the identity of the patient shall be released onlyupon written consent of the patient. The identity of the physician shallbe released only upon written consent of the physician.
2. The department may release without consent any informationobtained pursuant to sections 701.318 to 701.349, including the identitiesof certain patients or physicians, when the information is necessary forthe performance of duties by public employees within, or the legallydesignated agents of, any federal, state, or local agency, department orpolitical subdivision, but only when such employees and agents need to knowsuch information to perform their public duties.
3. The department shall use or publish reports based upon materialsreported pursuant to sections 701.318 to 701.349 to advance research,education, treatment and lead abatement. The department shallgeographically index the data from lead testing reports to determine thelocation of areas of high incidence of lead poisoning. The departmentshall provide qualified researchers with data from the reported informationupon the researcher's compliance with appropriate conditions as provided byrule and upon payment of a fee to cover the cost of processing the data.
(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)