Utah Code 26B-1-229. Authority to provide data on treatment and condition of persons to designated agencies — Immunity from liability — Information considered privileged communication — Information held in confidence — Penalties for violation
Current as of: 2024 | Check for updates
|
Other versions
(1) As used in this section:
For details, see Utah Code § 76-3-204
Attorney's Note
Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| class B misdemeanor | up to 6 months | up to $1,000 |
Terms Used In Utah Code 26B-1-229
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: means :(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(1)(a) “Health care facility” means the same as that term is defined in Section 26B-2-201.(1)(b) “Health care provider” means the same as that term is defined in Section 78B-3-403.
(2) Any person, health facility, or other organization may, without incurring liability, provide the following information to the persons and entities described in Subsection (3):
(2)(a) information as determined by the state registrar of vital records appointed under Chapter 8, Part 1, Vital Statistics;
(2)(b) interviews;
(2)(c) reports;
(2)(d) statements;
(2)(e) memoranda;
(2)(f) familial information; and
(2)(g) other data relating to the condition and treatment of any person.
(3) The information described in Subsection (2) may be provided to:
(3)(a) the department and local health departments;
(3)(b) the Division of Integrated Healthcare within the department;
(3)(c) scientific and health care research organizations affiliated with institutions of higher education;
(3)(d) the Utah Medical Association or any of its allied medical societies;
(3)(e) peer review committees;
(3)(f) professional review organizations;
(3)(g) professional societies and associations; and
(3)(h) any health facility’s in-house staff committee for the uses described in Subsection (4).
(4) The information described in Subsection (2) may be provided for the following purposes:
(4)(a) study and advancing medical research, with the purpose of reducing the incidence of disease, morbidity, or mortality; or
(4)(b) the evaluation and improvement of hospital and health care rendered by hospitals, health facilities, or health care providers.
(5) Any person may, without incurring liability, provide information, interviews, reports, statements, memoranda, or other information relating to the ethical conduct of any health care provider to peer review committees, professional societies and associations, or any in-hospital staff committee to be used for purposes of intraprofessional society or association discipline.
(6) No liability may arise against any person or organization as a result of:
(6)(a) providing information or material authorized in this section;
(6)(b) releasing or publishing findings and conclusions of groups referred to in this section to advance health research and health education; or
(6)(c) releasing or publishing a summary of these studies in accordance with this section.
(7)
(7)(a) The information described in Subsection (2) that is provided to the entities described in Subsection (3):
(7)(a)(i) shall be used and disclosed by the entities described in Subsection (3) in accordance with this section; and
(7)(a)(ii) is not subject to Title 63G, Chapter 2, Government Records Access and Management Act.
(7)(b) The Office of Substance Use and Mental Health, scientific and health care research organizations affiliated with institutions of higher education, the Utah Medical Association or any of the Utah Medical Association’s allied medical societies, peer review committees, professional review organizations, professional societies and associations, or any health facility’s in-house staff committee may only use or publish the information or material received or gathered under this section for the purpose of study and advancing medical research or medical education in the interest of reducing the incidence of disease, morbidity, or mortality, except that a summary of studies conducted in accordance with this section may be released by those groups for general publication.
(8) All information, interviews, reports, statements, memoranda, or other data furnished by reason of this section, and any findings or conclusions resulting from those studies are privileged communications and are not subject to discovery, use, or receipt in evidence in any legal proceeding of any kind or character.
(9)
(9)(a) All information described in Subsection (2) that is provided to a person or organization described in Subsection (3) shall be held in strict confidence by that person or organization, and any use, release, or publication resulting therefrom shall be made only for the purposes described in Subsections (4) and (7) and shall preclude identification of any individual or individuals studied.
(9)(b) Notwithstanding Subsection (9)(a), the department’s use and disclosure of information is not governed by this section.
(10)
(10)(a) Any use, release, or publication, negligent or otherwise, contrary to the provisions of this section is a class B misdemeanor.
(10)(b) Subsection (10)(a) does not relieve the person or organization responsible for such use, release, or publication from civil liability.