Iowa Admin. Code r. 641-21.6 - Confidentiality
(1) The department
shall maintain the confidentiality of all submitted registry reports of brain
and spinal cord injuries and shall not release reports, or any information
which can be associated with a particular individual, unless the release is in
compliance with the provisions of subrule 21.6(2).
(2) A registry report of a brain or spinal
cord injury which is submitted to the department and which can be associated
with a particular individual shall be released solely by the department and
only under the following conditions:
a. To the
particular individual upon receipt of a written request signed by the
particular individual and suitable identification presented in person to an
employee designated by the department.
b. If the particular individual is a minor,
to a parent or attorney of the particular individual upon receipt of a written
request signed by a parent or attorney of the individual and of a certified
copy of the birth certificate and suitable identification presented to an
employee designated by the department.
c. If the particular individual has a
court-appointed guardian or if the particular individual is deceased, to the
court-appointed guardian or to the executor or administrator of the particular
individual's estate upon receipt of a written request signed by the
court-appointed guardian, executor, or administrator, and of a certified copy
of the order or decree which appoints the guardian, executor, or administrator,
and of suitable identification presented to an employee designated by the
department.
d. To an attorney or
other person who is designated by the particular individual upon receipt of a
written request signed by the particular individual and suitable identification
presented to an employee designated by the department.
e. To an authorized representative of a study
or research project that shall be reviewed and approved by the department's
research and ethics review committee and approved by the director of the
division of behavioral health. If information identifies individuals with brain
or spinal cord injuries, the release of such information for research purposes
shall be subject to the terms and conditions set by the department. Such study
or research project shall maintain the identifying information as confidential
and privileged.
f. The department
may transmit transcripts or copies of reported cases to state or national brain
and spinal cord injury registries when the reports relate to residents of other
states or countries. The agreement shall require that the transcripts or
records be used for statistical purposes only and that the identity of reported
cases shall not be released.
Notes
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