Utah Health Code
Utah Health Data Authority Act
Section 109
Exceptions to prohibition on disclosure of identifiable health data.
     26-33a-109.   Exceptions to prohibition on disclosure of identifiable health data.
     (1) The committee may not disclose any identifiable health data unless:
     (a) the individual has authorized the disclosure; or
     (b) the disclosure complies with the provisions of this section.
     (2) The committee shall consider the following when responding to a request for disclosure of information that may include identifiable health data:
     (a) whether the request comes from a person after that person has received approval to do the specific research and statistical work from an institutional review board; and
     (b) whether the requesting entity complies with the provisions of Subsection (3).
     (3) A request for disclosure of information that may include identifiable health data shall:
     (a) be for a specified period; or
     (b) be solely for bona fide research and statistical purposes as determined in accordance with administrative rules adopted by the department, which shall require:
     (i) the requesting entity to demonstrate to the department that the data is required for the research and statistical purposes proposed by the requesting entity; and
     (ii) the requesting entity to enter into a written agreement satisfactory to the department to protect the data in accordance with this chapter or other applicable law.
     (4) A person accessing identifiable health data pursuant to Subsection (3) may not further disclose the identifiable health data:
     (a) without prior approval of the department; and
     (b) unless the identifiable health data is disclosed or identified by control number only.

Amended by Chapter 68, 2010 General Session
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