H.B. 152

1

ACCESS TO MEDICAL RECORDS
2 1997 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: J. Brent Haymond
5 AN ACT RELATING TO HEALTH; REQUIRING THE PATIENT BE NOTIFIED IF HIS
6 HEALTH CARE TREATMENT IS SUBJECT TO REVIEW BY A HEALTH CARE
7 PROVIDER PRACTICE REVIEW ENTITY.
8 This act affects sections of Utah Code Annotated 1953 as follows:
9 ENACTS:
10 58-13-6, Utah Code Annotated 1953
11 Be it enacted by the Legislature of the state of Utah:
12 Section 1. Section 58-13-6 is enacted to read:
13 58-13-6. Notification of patient whose treatment is subject to review.
14 (1) As used in this section, "health care provider" has the same meaning as defined in
15 Section 78-14-3.
16 (2) When a division board, health care facility board or committee, professional society,
17 or any other entity acting under this chapter reviews or evaluates the quality or adequacy of a
18 health care provider's treatment of a patient, the entity shall notify that patient:
19 (a) that confidential records or information that would otherwise be protected by
20 patient-physician privilege are being shared and reviewed by that entity;
21 (b) that the patient has the right to obtain from the reviewing entity a copy of each record
22 shared and reviewed by the entity;
23 (c) of the title and address of the reviewing entity, and the name and telephone number of
24 a person acting on behalf of the entity whom the patient may contact to request the records.
25 (3) (a) The reviewing entity shall provide notice under Subsection (2) by certified mail,
26 if the address of the patient or the patient's guardian or representative is reasonably available to the
27 entity.

1 (b) If an address is not available under Subsection (a), notice shall be provided by
2 publication, such as under Rule 4, Utah Rules of Civil Procedure.
3 (c) Notice under this subsection shall be posted or published as soon as reasonably
4 possible, but not later than three business days after the reviewing entity is aware the patient's
5 records will be subject to review.
6 (4) Costs of providing the records to the requesting patient shall be assumed by the
7 reviewing entity.




Legislative Review Note
as of 1-7-97 1:35 PM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

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