ARIZONA STATE SENATE
Phoenix, Arizona
REVISED
health care; confidential
information
Purpose
Allows certain divisions in
the Department of Health Services (DHS) and the Department of Economic Security
(DES) to share certain confidential information with law enforcement agencies
and county medical examiners.
Currently, some state
agencies such as Adult Protective Services in DES are authorized to release
certain confidential information to law enforcement agencies. Other agencies such as the Board of Nursing,
the Division of Developmental Disabilities (DDD) in DES and the Division of
Assurance and Licensure Services (ALS) in DHS, however, cannot release certain
confidential investigative information to law enforcement agencies. In order to access confidential information
relating to health care institution investigations, law enforcement agencies
must petition a court for a subpoena ordering DHS to provide the confidential
information.
S.B. 1152 eliminates the
burden of obtaining subpoenas to access this confidential information by
authorizing ALS and DDD to provide certain confidential investigational
information or other information to law enforcement agencies and county medical
examiners. S.B. 1152 also requires law
enforcement agencies and county medical examiners to maintain confidential
information obtained from DDD as confidential unless a consent to release is
given or if disclosure is required under the rules of criminal procedure.
There is no discernable cost
to the state general fund relating to the provisions of this bill.
Provisions
1. Expands the list of agencies to which ALS is authorized to release certain confidential information to include law enforcement agencies and county medical examiners if the release is necessary and pertinent to an investigation.
2. Expands the list of agencies to which DDD is authorized to release certain confidential information to include law enforcement agencies and county medical examiners.
3. Requires law enforcement agencies and county medical examiners to maintain confidential information provided by DDD as confidential unless consent to release is given or if disclosure is required under the rules of criminal procedure.
4. Makes conforming and technical changes.
5. Provides for a general effective date.
Amendments Adopted by Committee
1. Expands the list of agencies that can receive confidential information to include county medical examiners.
2. Reinstates language restricting the release of confidential information if the release is prohibited by state law.
Senate Action
HEA 2/5/02 DPA 6-2-0-0
Prepared by Senate Staff
February 6, 2002