Iowa Administrative Code › Agency 657 - Pharmacy Board › Chapter 14 - Public Information and Inspection of Records › Rule 657-14.4 - Access to Confidential Records

Current through Register Vol. 47, No. 3, July 24, 2024
Under Iowa Code section
				22.7 or other
				applicable provisions of law, the lawful custodian may disclose certain
				confidential records to one or more members of the public. Other provisions of
				law authorize or require the custodian to release specified confidential
				records under certain circumstances or to particular persons. In requesting the
				custodian to permit the examination and copying of such a confidential record,
				the following procedures apply and are in addition to those specified for
				requests for access to records in rule
				657-14.3
				(22,124,155A).
(1)
Proof of
			 identity.
A person requesting access to a confidential record shall be
			 required to provide proof of identity or authority to secure access to the
			 record.
(2)
Requests.
The custodian shall require that a request to
			 examine and copy a confidential record be in writing. A person requesting
			 access to such a record shall be required to sign a certified statement or
			 affidavit enumerating the specific reasons justifying access to the
			 confidential record and to provide any proof necessary to establish relevant
			 facts.
(3)
Notice to
			 subject of record and opportunity to obtain injunction.
If the
			 custodian receives a request for access to a confidential record, the custodian
			 may make reasonable efforts to notify any person who is the subject of the
			 record, who is identified in the record, or whose address or telephone number
			 is contained in the record about the request. If it is practicable and in the
			 public interest to delay releasing the information, the custodian may, before
			 releasing the record, give the notified persons an opportunity to seek a court
			 order under Iowa Code section
			 22.8
			 or other applicable provision of law prohibiting the custodian from releasing
			 the confidential information. If the custodian gives a notified person this
			 opportunity, the custodian shall give the notified person a specific deadline
			 to obtain a court order prohibiting release of the confidential information and
			 shall not release the confidential information during that time. If the
			 deadline passes and the notified person has not obtained a court order
			 prohibiting the custodian from releasing the confidential information, the
			 custodian shall release the information to the requester.
(4)
Request denied.
When the
			 custodian denies a request for access to a confidential record, the custodian
			 shall promptly notify the requester. If the requester indicates to the
			 custodian that a written notification of the denial is desired, the custodian
			 shall promptly provide such a notification. Written notification shall be
			 signed by the custodian and shall include:
a.
			 The name and title of the custodian responsible for the denial;
b. A citation to the provision of law vesting
			 authority in the custodian to deny disclosure of the record; and
c. A brief statement of the reasons the
			 requester is being denied access to the record.