Amendment AA1-AB227

LRBa0562/1

CTS:cjs:md

2009 - 2010 LEGISLATURE

ASSEMBLY AMENDMENT 1, TO 2009 ASSEMBLY BILL 227

July 24, 2009 - Offered by Representative Sherman.

AB227-AA1,1,1 At the locations indicated, amend the bill as follows:

AB227-AA1,1,2 1. Page 2, line 1: delete that line and substitute:

AB227-AA1,1,3 " Section 1c. 146.82 (1) of the statutes is amended to read:

AB227-AA1,1,11 146.82 (1) Confidentiality. All patient health care records shall remain confidential. Patient health care records may be released only to the persons designated in this section or to other persons with the informed consent of the patient or of a person authorized by the patient. This subsection does not prohibit reports made in compliance with s. 253.12 (2), 255.40, or 979.01; electronic records generated or disclosed pursuant to rules promulgated under s. 450.19; testimony authorized under s. 905.04 (4) (h); or releases made for purposes of health care operations, as defined in 45 CFR 164.501, and as authorized under 45 CFR 164, subpart E.

AB227-AA1, s. 1m Section 1m. 450.19 of the statutes is created to read:".

AB227-AA1,2,2 2. Page 2, line 7: delete the material beginning with "pharmacist" and ending with "dentist" on line 8 and substitute "pharmacist or practitioner".

AB227-AA1,2,3 3. Page 3, line 6: after that line insert:

AB227-AA1,2,6 "(3) (a) A practitioner or pharmacist is immune from civil liability arising from the practitioner's or pharmacist's compliance in good faith with this section or with rules promulgated under this section.

AB227-AA1,2,10 (b) Nothing in this section may be construed to require a pharmacist or practitioner to obtain, before prescribing or dispensing a prescription to a patient, information about the patient that has been collected pursuant to the program described under sub. (2).".

AB227-AA1,2,11 (End)