H.B. 409 Enrolled

GOVERNMENT RECORDS ACCESS AND
MANAGEMENT ACT
1998 GENERAL SESSION
STATE OF UTAH
Sponsor: John E. Swallow
AN ACT RELATING TO DISCLOSURE OF GOVERNMENT RECORDS; MODIFYING
PROVISIONS GOVERNING DISCLOSURE OF CERTAIN MEDICAL RECORDS; AND
MAKING TECHNICAL CORRECTIONS.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
63-2-207, as last amended by Chapter 99, Laws of Utah 1994
63-2-302, as last amended by Chapter 232, Laws of Utah 1997
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 63-2-207 is amended to read:
63-2-207. Subpoenas -- Court ordered disclosure for discovery.
(1) Subpoenas and other methods of discovery under the state or federal statutes or rules
of civil, criminal, administrative, or legislative procedure are not written requests under Section
63-2-204 .
(2) (a) [In] (i) Except as otherwise provided in Subsection (2)(c), in judicial or
administrative proceedings in which an individual is requesting discovery of records classified
private, controlled, or protected under this [act] chapter, or otherwise restricted from access by
other statutes, the court, or an administrative law judge shall follow the procedure in Subsection
63-2-202 (7) before ordering disclosure.
(ii) Until the court or an administrative law judge orders disclosure, these records are
privileged from discovery.
(b) If, the court or administrative order requires disclosure, the terms of the order may limit
the requester's further use and disclosure of the record in accordance with Subsection 63-2-202 (7),
in order to protect the privacy interests recognized in this [act] chapter.
(c) [This] Unless a court or administrative law judge imposes limitations in a restrictive

order, this section does not [otherwise] limit [a person's] the right to obtain:
(i) records through the procedures set forth in this chapter[, unless the court or an
administrative law judge includes such a limitation in its order.]; or
(ii) medical records discoverable under state or federal court rules as authorized by
Subsection 63-2-302 (3).
Section 2. Section 63-2-302 is amended to read:
63-2-302. Private records.
(1) The following records are private:
(a) records concerning an individual's eligibility for unemployment insurance benefits, social
services, welfare benefits, or the determination of benefit levels;
(b) records containing data on individuals describing medical history, diagnosis, condition,
treatment, evaluation, or similar medical data;
(c) records of publicly funded libraries that when examined alone or with other records
identify a patron;
(d) records received or generated for a Senate or House Ethics Committee concerning any
alleged violation of the rules on legislative ethics, prior to the meeting, and after the meeting, if the
ethics committee meeting was closed to the public;
(e) records received or generated for a Senate confirmation committee concerning character,
professional competence, or physical or mental health of an individual:
(i) if prior to the meeting, the chair of the committee determines release of the records:
(A) reasonably could be expected to interfere with the investigation undertaken by the
committee; or
(B) would create a danger of depriving a person of a right to a fair proceeding or impartial
hearing;
(ii) after the meeting, if the meeting was closed to the public;
(f) records concerning a current or former employee of, or applicant for employment with,
a governmental entity that would disclose that individual's home address, home telephone number,
social security number, insurance coverage, marital status, or payroll deductions; and

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(g) that part of a record indicating a person's social security number if provided under
Section 31A-23-202 , 31A-26-202 , 58-1-301 , 61-1-4 , or 61-2-6 .
(2) The following records are private if properly classified by a governmental entity:
(a) records concerning a current or former employee of, or applicant for employment with
a governmental entity, including performance evaluations and personal status information such as
race, religion, or disabilities, but not including records that are public under Subsection
63-2-301 (1)(b) or 63-2-301 (2)(o), or private under Subsection 63-2-302 (1)(b);
(b) records describing an individual's finances, except that the following are public:
(i) records described in Subsection 63-2-301 (1);
(ii) information provided to the governmental entity for the purpose of complying with a
financial assurance requirement; or
(iii) records that must be disclosed in accordance with another statute;
(c) records of independent state agencies if the disclosure of those records would conflict
with the fiduciary obligations of the agency;
(d) other records containing data on individuals the disclosure of which constitutes a clearly
unwarranted invasion of personal privacy; and
(e) records provided by the United States or by a government entity outside the state that are
given with the requirement that the records be managed as private records, if the providing entity
states in writing that the record would not be subject to public disclosure if retained by it.
(3) (a) As used in this Subsection (3), "medical records" means medical reports, records,
statements, history, diagnosis, condition, treatment, and evaluation.
(b) Medical records in the possession of the University of Utah Hospital, its clinics, doctors,
or affiliated entities are not private records or controlled records under Section 63-2-303 when the
records are sought:
(i) in connection with any legal or administrative proceeding in which the patient's physical,
mental, or emotional condition is an element of any claim or defense; or
(ii) after a patient's death, in any legal or administrative proceeding in which any party relies
upon the condition as an element of the claim or defense.

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(c) Medical records are subject to production in a legal or administrative proceeding
according to state or federal statutes or rules of procedure and evidence as if the medical records
were in the possession of a nongovernmental medical care provider.

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