SSB 3137

The bill also provides that such advertisements must include the following warning if discontinuing use of the drug may result in death: “Do not stop taking a prescribed medication without first consulting with your doctor. Discontinuing a prescribed medication without your doctor’s advice can result in injury or death”. The bill requires an advertisement for legal services soliciting clients who may allege an injury from a drug or device to disclose that the drug or device remains approved by the United States food and drug administration, unless the drug or device has been recalled or withdrawn. A person who violates these advertisement provisions for the first time is guilty of a serious misdemeanor, and a person who violates the provisions after a conviction for the first violation is guilty of an aggravated misdemeanor. A serious misdemeanor is punishable by confinement for no more than one year and a fine of at least $315 but not more than $1,875. An aggravated misdemeanor is punishable by confinement for no more than two years and a fine of at least $625 but not more than $6,250. _____ as a “medical alert”, “health alert”, “consumer alert”, “public service announcement”, or words of similar import; display the logo of a federal or state governmental agency in the advertisement in a manner that suggests affiliation with or the sponsorship of the agency; use the word “recall” when referring to a product that has not been recalled; fail to identify the attorney or law firm that will represent clients, or how cases will be referred to attorneys or law firms that will represent clients; or fail to identify the sponsor of the advertisement if the sponsor is not the attorney or law firm that will represent clients. The bill also provides that it is an unlawful practice for a person to use, cause to be used, obtain, sell, transfer, or disclose an individual’s protected health information, without the individual’s written authorization, for the purpose of soliciting the individual for legal services. The bill defines “protected health information” by reference to federal regulations, as individually identifiable health information that is transmitted electronically, maintained in electronic media, or transmitted or maintained in any other form or medium. A violation of this provision is a serious misdemeanor. A serious misdemeanor is punishable by confinement for no more than one year and a fine of at least $315 but not more than $1,875. An aggravated misdemeanor is punishable by confinement for no more than two years and a fine of at least $625 but not more than $6,250. This provision does not restrict a person’s ability to disclose protected health information to their attorney in the course of a legal proceeding, or as otherwise required or permitted by law.16 shall not limit or otherwise affect the authority of the Iowa supreme court to regulate the practice of law or discipline individuals admitted to the practice of law. _____ penalty that a court may impose for engaging in an unlawful practice is $40,000 per violation. The bill provides that if a person engaged in a method, act, or practice declared an unlawful practice under the bill, with the intent to sell, transfer, or use protected health information for financial gain, the attorney general may request and the court may impose a civil penalty not to exceed $250,000 per violation.