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135-28
135.28 STATE SUBSTITUTE MEDICAL DECISION-MAKING
BOARD.
A state substitute medical decision-making board is established to
formulate policy and guidelines for the operations of local
substitute medical decision-making boards, and to act if a local
substitute medical decision-making board does not exist. The
department, with the approval of the state substitute medical
decision-making board, shall adopt rules pursuant to chapter 17A for
the appointment and operation of local substitute medical
decision-making boards. Notwithstanding any other provision to the
contrary regarding confidentiality of medical records, the state
substitute medical decision-making board may issue subpoenas relating
to the production of medical records of a patient under the board's
review. A person participating in good faith in releasing medical
record information in response to a board subpoena is immune from any
liability, civil or criminal, which might otherwise be incurred or
imposed.
The state substitute medical decision-making board is comprised of
medical professionals and lay persons appointed by the director and
the state board of health according to rules adopted by the
department. The state substitute medical decision-making board and
its members are not liable, jointly or severally, for actions or
omissions taken or made in the official discharge of their duties,
except those acts or omissions constituting willful or wanton
misconduct. Section History: Recent Form
89 Acts, ch 178, § 1; 90 Acts, ch 1026, § 1; 93 Acts, ch 139, § 2
