§321-29  Epidemiologic investigations. 
(a)  The department may conduct investigations to determine the nature and
extent of diseases and injuries deemed by the department to threaten the public
health and safety.



(b)  Every person, health care provider, and
medical facility shall provide the patient's name, the name of a minor
patient's parent or guardian, address, telephone number, age, sex, race or
ethnicity, clinical signs and symptoms, laboratory test results, diagnostic
interview data, treatment provided, and the disposition of the patient when
requested by an authorized representative of the director for the purpose of
conducting such an investigation.  The authorized representative may view only
the limited portion of the patient's medical record that is directly relevant
in time and scope to the subject of the investigation.



(c)  Every person, company, organization,
association, health care provider, medical facility, or any other possible
source of information shall provide names, addresses, telephone numbers, and
locating information regarding an individual or group of individuals suspected
of having been exposed to a disease or disease-causing substance that is the
subject of an epidemiologic investigation when requested by an authorized representative
of the director.



For the purposes of this subsection,
"locating information" includes information contained in appointment,
reservation, registration, invitation, attendance, billing, payment lists, or
any other record that may help the department identify, locate, or contact
individuals or groups suspected of having been exposed to a disease under
investigation.



(d)  When, in the written opinion of the
director of health reasonable cause exists for the investigation of a disease
or series of injuries that threatens public health or safety and that the
collection of plant, animal, food, or environmental samples or specimens for
immediate testing is necessary, an authorized representative of the department,
during regular working hours or at other reasonable times may demand entry onto
any premises, public or private, for the purpose of conducting an
administrative investigation; provided that:



(1)  (A)  Entry shall only occur with the consent
of the owner, owner's agent, or person in lawful control of the property to
investigate and collect relevant samples; or



(B)  If consent is not obtained, entry shall
only occur after issuance of an administrative investigation warrant pursuant
to subsection (e), specifying the area to be searched and the types of samples
and specimens sought;



(2)  The investigation shall be limited to only those
samples, specimens, and investigative actions that are necessary to confirm or
deny the cause that prompted the investigation;



(3)  An authorized representative of the director
shall be liable only for damage caused by acts beyond the scope of the
representative's authority, or by the representative's gross negligence or
intentional misconduct; and



(4)  The director's authorized representative shall
leave an inventory describing any samples or specimens obtained, and the
department shall make split samples available to the person whose premises are
subject to the investigation.



For the purposes of this subsection,
"administrative investigation" means any investigation, independent
of a criminal investigation, that is conducted for the purpose of determining
the existence of disease or series of injuries deemed by the department to
threaten the public health or safety.  An administrative investigation may
involve the examination of real or personal property, records, equipment,
buildings, products, by-products, wastes, processes, activities, environmental
conditions (i.e., air, soil, and water quality), or other property or
activities.



(e)  If consent to entry is denied under
subsection (d), the department representative may apply to the district court
in the circuit in which the property is located for an administrative
investigation warrant to enter the premises to effectuate the purposes of this
section.  The district court may issue an administrative investigation warrant
directing a police officer of the county in the circuit to assist the
department representative in gaining entry onto the premises during regular
working hours or at other reasonable times.  The warrant may command the police
officer to take sufficient aid, and being accompanied by a representative of
the department, to go to the premises described in the warrant and search for,
seize, secure, or collect, under the specific direction of the representative,
or allow the representative to search for, seize, secure, or collect, plant,
animal, food, or environmental samples or specimens deemed necessary to conduct
the investigation successfully.  A district court may issue an administrative
investigation warrant if sufficient facts are presented to the court that would
establish probable cause for the need for the search.  Probable cause for the
need for the search shall be established by affidavit demonstrating:



(1)  The opinion of the director of health that there
is reasonable cause for the investigation of the particular premises at issue;



(2)  That the investigation is necessary for the
protection of public health and safety under this section; and



(3)  That consent to search the particular premises
has been denied under subsection (d)(1)(A).



A copy of the administrative investigation warrant
and all supporting affidavits shall be provided to the person served.  If a
suitable person is not available to be served after reasonable efforts to
locate such a person, the administrative investigation warrant may be left at
the principal entry of the investigated premises.



(f)  No person, company, organization,
association, health care provider, medical facility, or other source that
provides information requested by an authorized representative of the director,
for the purpose of conducting an investigation under this section, shall be
held civilly or criminally liable for providing that information to the
department.



(g)  All information provided to the department
under this section shall be kept strictly confidential, except as the director
determines is necessary to protect the public health and safety.  Access to
confidential records shall be restricted to those individuals specifically
authorized to participate in any given investigation.  However, epidemiologic
and statistical information with no individual identifying information may be
released to the public.  The identities of individuals whose medical records
are investigated shall be disclosed only to those persons authorized by the
director or the director's representative to conduct a specific investigation
under this section or determined by the director to be necessary to protect the
health and safety of the public.



(h)  The director shall adopt rules under
chapter 91 as are appropriate to carry out the purposes of this section and its
efficient administration.  The rules shall:



(1)  Establish administrative remedies for the owner,
owner's agent, or person in lawful control of the property to file a claim with
the department for damaged and seized property; provided that there shall be no
administrative remedy for the seizure of de minimis samples;



(2)  Provide notice to the owner, owner's agent, or
person in lawful control of the property of the administrative remedies
available for damaged and seized property; and



(3)  Provide penalties for the failure to comply with
any rule. [L 1999, c 192, §2; am L 2002, c 169, §4; am L 2009, c 95, §1]



 



Revision Note



 



  This section was renumbered from §321-311.5.