Section 191.1845

Title XII PUBLIC HEALTH AND WELFARE

Chapter 191

Effective - 28 Aug 2023   

  191.1845.  Confidentiality of information — coding system — recordkeeping. — 1.  Except as otherwise provided in sections 191.1820 to 191.1855, all information collected under sections 191.1820 to 191.1855 shall be confidential.  For purposes of sections 191.1820 to 191.1855, this information shall be referred to as confidential information.

  2.  To ensure privacy, the medical university shall use a coding system for the registry that removes any identifying information about patients.

  3.  Notwithstanding any other provision of law to the contrary, a disclosure authorized under sections 191.1820 to 191.1855 shall include only the information necessary for the stated purpose of the requested disclosure, shall be used for the approved purpose, and shall not be further disclosed.

  4.  Provided the security of confidential information has been documented, the furnishing of confidential information to the medical university or its authorized representatives in accordance with sections 191.1820 to 191.1855 shall not expose any person, agency, or entity furnishing the confidential information to liability and shall not be considered a waiver of any privilege or a violation of a confidential relationship.

  5.  The medical university shall maintain an accurate record of all persons given access to confidential information.  The record shall include the name of the person authorizing access; the name, title, address, and organizational affiliation of the person given access; dates of access; and the specific purpose for which the confidential information is to be used.  The record of access shall be open to public inspection during normal operating hours of the medical university.

  6.  (1)  Notwithstanding any other provision of law to the contrary, confidential information shall not be available for subpoena and shall not be disclosed, discoverable, or compelled to be produced in any civil, criminal, administrative, or other proceeding.  Confidential information shall not be deemed admissible as evidence in any civil, criminal, administrative, or other tribunal or court for any reason.

  (2)  The provisions of this subsection shall not be construed to prohibit the publication by the medical university of reports and statistical compilations that do not in any way identify individual cases or individual sources of information.

  (3)  Notwithstanding the restrictions in this subsection to the contrary, the individual to whom the information pertains shall have access to his or her own information.

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(L. 2023 H.B. 402)