House Study Bill 570


                                          SENATE/HOUSE FILE       
                                          BY  (PROPOSED DEPARTMENT OF
                                               PUBLIC SAFETY BILL)


       Passed Senate, Date               Passed House,  Date             
       Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                    Approved                            

                                         A BILL FOR

     1 An Act requiring health professionals to provide peace officers
     2    access to certain injured persons involved in motor vehicle
     3    accidents.
     4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
     5 TLSB 5375XD 81
     6 jm/cf/24

PAG LIN



  1  1    Section 1.  NEW SECTION.  147.113B  ACCESS TO PERSON
  1  2 INJURED.
  1  3    1.  Any person licensed under the provisions of this
  1  4 subtitle who administers any treatment to a person with
  1  5 injuries resulting from a motor vehicle accident shall provide
  1  6 a peace officer access to the injured person if the officer is
  1  7 investigating the accident.  A peace officer shall be provided
  1  8 access to the injured person as soon as reasonably possible
  1  9 without interfering with medical care necessary for the
  1 10 preservation of life, regardless of whether the person
  1 11 receiving treatment has requested to have information
  1 12 pertaining to their presence for treatment kept confidential.
  1 13    2.  Any provision of law or rule of evidence relative to
  1 14 confidential communications is suspended insofar as the
  1 15 provisions of this section are concerned.
  1 16    3.  If access to the injured person receiving treatment
  1 17 interferes with medical care necessary for the preservation of
  1 18 life, or if the injured person has been pronounced dead, the
  1 19 licensed person administering treatment, or the licensed
  1 20 person's designee, shall inform the peace officer requesting
  1 21 access to the injured person that ongoing treatment is
  1 22 medically necessary to preserve the injured person's life, or
  1 23 that the injured person has died.
  1 24    4.  Any person licensed under this subtitle who administers
  1 25 treatment to the injured person, or the licensed person's
  1 26 designee, shall provide the peace officer investigating the
  1 27 accident with the name, date of birth, address, and other
  1 28 identifying information of the injured person to the extent
  1 29 the identifying information is known, regardless of whether
  1 30 the peace officer was denied access to the injured person
  1 31 under this section.
  1 32                           EXPLANATION
  1 33    This bill requires physicians and other health
  1 34 professionals to provide peace officers access to certain
  1 35 injured persons involved in motor vehicle accidents.
  2  1    Under the bill, a physician or other health professional
  2  2 shall provide a peace officer access to an injured person if
  2  3 the officer is investigating a motor vehicle accident in which
  2  4 the person was involved.  The bill provides a peace officer
  2  5 shall be provided access to the injured person as soon as
  2  6 reasonably possible without interfering with medical care
  2  7 necessary for the preservation of life.
  2  8    If the peace officer is denied access to the injured person
  2  9 under the bill, the health professional or the health
  2 10 professional's designee shall inform the peace officer that
  2 11 ongoing treatment is medically necessary to preserve the
  2 12 injured person's life, or that the injured person has died.
  2 13    Under the bill, the health professional or the health
  2 14 professional's designee shall also provide the peace officer
  2 15 with the injured person's personal identifying information to
  2 16 the extent possible, including the injured person's name, date
  2 17 of birth, and address.
  2 18    Any provision of law or rule of evidence relative to
  2 19 confidential communications under the bill is suspended.
  2 20 LSB 5375XD 81
  2 21 jm:nh/cf/24