Iowa Admin. Code r. 641-1.7 - Investigation of reportable diseases
A health care provider and a public, private, or hospital clinical laboratory shall assist in a disease investigation conducted by the department, a local board, or a local department.
(1) A health care provider and a clinical
laboratory shall provide the department, local board, or local department with
all information necessary to conduct the investigation, including but not
limited to medical records; exposure histories; medical histories; contact
information; and test results necessary to the investigation, including
positive, pending, and negative test results.
(2) Issuance of investigatory subpoenas.
a. The department may upon the written
request of a local board of health, the state public health medical director
and epidemiologist or designee, or the state public health veterinarian or
designee, subpoena records, reports, or any other evidence necessary to conduct
a disease investigation. The subpoena shall be signed by the division director
of the division of acute disease prevention and emergency response or the
division director's designee following review and approval of the written
request for subpoena.
b. A written
request for a subpoena shall contain the following:
(1) The name and address of the person,
facility, or entity to which the subpoena will be directed;
(2) A specific description of the records,
reports, or other evidence requested; and
(3) An explanation of why the documents
sought to be subpoenaed are necessary for the department to conduct the disease
investigation.
c. Each
subpoena shall contain:
(1) The name and
address of the person, facility, or entity to which the subpoena is
directed;
(2) A description of the
records, reports, or other evidence requested;
(3) The date, time, and location for
production, inspection, or copying;
(4) The time within which a motion to quash
or modify the subpoena must be filed;
(5) The signature, address, and telephone
number of the division director;
(6) The date of issuance; and
(7) A return of service.
d. Process to challenge a subpoena.
(1) Any person who is aggrieved or adversely
affected by compliance with the subpoena and who desires to challenge the
subpoena must, within five days after service of the subpoena, or before the
time specified for compliance if such time is less than five days, file with
the department a motion to quash or modify the subpoena. The motion shall
describe the reasons why the subpoena should be quashed or modified, and may be
accompanied by legal briefs or factual affidavits.
(2) Upon receipt of a timely motion to quash
or modify a subpoena, the department may request an administrative law judge to
issue a decision. Oral argument may be scheduled at the discretion of the
administrative law judge. The administrative law judge may quash or modify the
subpoena, deny the motion, or issue an appropriate protective order
(3) A person aggrieved by a ruling of an
administrative law judge who desires to challenge that ruling must appeal the
ruling to the department by serving on the department director, either in
person or by certified mail, a notice of appeal within ten days after the
service of the decision of the administrative law judge. The department
director's decision is final for purposes of judicial review.
e. Subpoenas issued under this
subrule and requests, motions, and pleadings related to the issuance of
subpoenas are confidential pursuant to Iowa Code sections
139A.3
and
22.7.
Notes
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