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

(b)  Every person, health care provider, andmedical facility shall provide the patient's name, the name of a minorpatient's parent or guardian, address, telephone number, age, sex, race orethnicity, clinical signs and symptoms, laboratory test results, diagnosticinterview data, treatment provided, and the disposition of the patient whenrequested by an authorized representative of the director for the purpose ofconducting such an investigation.  The authorized representative may view onlythe limited portion of the patient's medical record that is directly relevantin time and scope to the subject of the investigation.

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

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

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

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

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

(2)  The investigation shall be limited to only thosesamples, specimens, and investigative actions that are necessary to confirm ordeny the cause that prompted the investigation;

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

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

For the purposes of this subsection,"administrative investigation" means any investigation, independentof a criminal investigation, that is conducted for the purpose of determiningthe existence of disease or series of injuries deemed by the department tothreaten the public health or safety.  An administrative investigation mayinvolve the examination of real or personal property, records, equipment,buildings, products, by-products, wastes, processes, activities, environmentalconditions (i.e., air, soil, and water quality), or other property oractivities.

(e)  If consent to entry is denied undersubsection (d), the department representative may apply to the district courtin the circuit in which the property is located for an administrativeinvestigation warrant to enter the premises to effectuate the purposes of thissection.  The district court may issue an administrative investigation warrantdirecting a police officer of the county in the circuit to assist thedepartment representative in gaining entry onto the premises during regularworking hours or at other reasonable times.  The warrant may command the policeofficer to take sufficient aid, and being accompanied by a representative ofthe 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 conductthe investigation successfully.  A district court may issue an administrativeinvestigation warrant if sufficient facts are presented to the court that wouldestablish probable cause for the need for the search.  Probable cause for theneed for the search shall be established by affidavit demonstrating:

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

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

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

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

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

(g)  All information provided to the departmentunder this section shall be kept strictly confidential, except as the directordetermines is necessary to protect the public health and safety.  Access toconfidential records shall be restricted to those individuals specificallyauthorized to participate in any given investigation.  However, epidemiologicand statistical information with no individual identifying information may bereleased to the public.  The identities of individuals whose medical recordsare investigated shall be disclosed only to those persons authorized by thedirector or the director's representative to conduct a specific investigationunder this section or determined by the director to be necessary to protect thehealth and safety of the public.

(h)  The director shall adopt rules underchapter 91 as are appropriate to carry out the purposes of this section and itsefficient 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 withthe department for damaged and seized property; provided that there shall be noadministrative remedy for the seizure of de minimis samples;

(2)  Provide notice to the owner, owner's agent, orperson in lawful control of the property of the administrative remediesavailable for damaged and seized property; and

(3)  Provide penalties for the failure to comply withany 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.