A. At the time a missing person report is made, the law enforcement agency to which the missing person report is given shall provide a dental record release form conforming to the requirements of the federal Health Insurance Portability and Accountability Act of 1996 to the custodian or immediate family member of the missing person, provided that the custodian or immediate family member is authorized pursuant to that federal act to execute a release on behalf of the missing person. The law enforcement agency shall endorse the dental record release form with a notation that a missing person report has been made in compliance with the provisions of the Missing Persons Information and Reporting Act. When the dental record release form is properly completed by the custodian or immediate family member of the missing person and contains the endorsement, the form is sufficient to permit a dentist or physician in this state to release dental records relating to the missing person to the law enforcement agency.
B. If a release form cannot be executed, the law enforcement agency shall seek disclosure of the dental records of a missing person directly from the records custodian pursuant to the provisions of the federal Health Insurance Portability and Accountability Act of 1996 that allow disclosure of health information for law enforcement purposes.
C. The law enforcement agency shall send the dental records to the clearinghouse.
D. A dentist or physician who releases dental records pursuant to this section is immune from civil liability or criminal prosecution for the release of the dental records.
History: Laws 1995, ch. 146, § 8; 2010, ch. 33, § 10.
The 2010 amendment, effective May 19, 2010, in Subsection A, in the first sentence, after "dental record release form", added "conforming to the requirements of the federal Health Insurance Portability and Accountability Act of 1996" and after "family member of the missing person", added "provided that the custodian or immediate family member is authorized pursuant to that federal act to execute a release on behalf of the missing person"; and in the second sentence, after "Missing Persons Information", added "and Reporting"; deleted the former language of Subsection B, which authorized a district court judge to release dental records of a missing person to a law enforcement agency; added the current language of Subsection B; and in Subsection D, after "physician who releases dental records", deleted "to a person presenting a proper release executed or ordered".
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