H.B. 278

1

INFORMED CONSENT FOR GENETIC
2 TESTING
3 2000 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Nora B. Stephens
6 AN ACT RELATING TO HEALTH; DEFINING TERMS; REQUIRING VERBAL INFORMED
7 CONSENT PURSUANT TO AN INSTITUTION'S WRITTEN PROTOCOL PRIOR TO
8 COLLECTING A DNA SAMPLE FOR GENETIC ANALYSIS; REQUIRING WRITTEN
9 CONSENT PURSUANT TO AN INSTITUTION'S WRITTEN PROTOCOL TO DISCLOSE
10 PRIVATE GENETIC INFORMATION TO A THIRD PARTY; ESTABLISHING EXCEPTIONS
11 TO THE REQUIREMENT OF INFORMED CONSENT; PERMITTING COMPELLED
12 DISCLOSURE OF PRIVATE GENETIC INFORMATION IN LIMITED CIRCUMSTANCES;
13 PROVIDING A PRIVATE RIGHT OF ACTION FOR VIOLATIONS AFTER JUNE 2001;
14 AUTHORIZING THE ATTORNEY GENERAL TO ENFORCE THE ACT; AND PROVIDING
15 AN EFFECTIVE DATE.
16 This act affects sections of Utah Code Annotated 1953 as follows:
17 AMENDS:
18 63-2-202, as last amended by Chapter 312, Laws of Utah 1994
19 63-2-302, as last amended by Chapter 48, Laws of Utah 1999
20 ENACTS:
21 26-45-101, Utah Code Annotated 1953
22 26-45-102, Utah Code Annotated 1953
23 26-45-103, Utah Code Annotated 1953
24 26-45-104, Utah Code Annotated 1953
25 26-45-105, Utah Code Annotated 1953
26 26-45-106, Utah Code Annotated 1953
27 26-45-107, Utah Code Annotated 1953

28 26-45-108, Utah Code Annotated 1953
29 26-45-109, Utah Code Annotated 1953
30 Be it enacted by the Legislature of the state of Utah:
31 Section 1. Section 26-45-101 is enacted to read:
32 CHAPTER 45. INFORMED CONSENT FOR GENETIC TESTING ACT
33 26-45-101. Title.
34 This chapter is known as the "Informed Consent for Genetic Testing Act."
35 Section 2. Section 26-45-102 is enacted to read:
36 26-45-102. Definitions.
37 As used in this chapter:
38 (1) "Compulsory disclosure" means any disclosure of private genetic information
39 mandated or required by federal law, state law, or Section 26-45-107 .
40 (2) "Disclose" or "disclosure" means to convey or to provide access to private genetic
41 information to a person other than the individual.
42 (3) "DNA" means deoxyribonucleic acid, ribonucleic acid, and chromosomes, which may
43 be analyzed to detect heritable diseases or conditions, including the identification of carriers,
44 predicting risk of disease, or establishing a clinical diagnosis.
45 (4) "DNA sample" means any human biological specimen from which DNA can be
46 extracted, or DNA extracted from such specimen.
47 (5) "DNA typing" means a scientifically reliable method for characterizing and comparing
48 sequences of DNA, and applying a statistical analysis of population frequency to determine that
49 if the DNA sequences match, the probability that the match occurs by chance.
50 (6) (a) "Genetic analysis" or "genetic test" means the testing or analysis of an identifiable
51 individual's DNA that results in information that is derived from the presence, absence, alteration,
52 or mutation of an inherited gene or genes, or the presence or absence of a specific DNA marker
53 or markers.
54 (b) "Genetic analysis" or "genetic test" does not mean:
55 (i) a routine physical examination;
56 (ii) a routine chemical, blood, or urine analysis;
57 (iii) a test to identify the presence of drugs or HIV infection; or
58 (iv) a test performed due to the presence of signs, symptoms, or other manifestations of

59 a disease, illness, impairment, or other disorder.
60 (7) (a) "Individual" means the person from whose body the DNA sample originated unless
61 Subsection (7)(b) or (c) applies.
62 (b) In the event that the person from whose body the DNA sample originated is a minor
63 or an incompetent person, "individual" means the person with the legal authority to make health
64 care decisions on behalf of the minor or incompetent person.
65 (c) In the event that the person from whose body the DNA sample originated is deceased,
66 "individual" means, in the following order of priority, the deceased person's:
67 (i) estate administrator or executor;
68 (ii) legal guardian;
69 (iii) spouse;
70 (iv) parent; or
71 (v) child 18 years of age or older.
72 (8) "Individual identifier" means a name, address, Social Security number, health insurance
73 identification number, or similar information by which the identity of an individual can be
74 determined with reasonable accuracy. The term does not include information that has been
75 anonymized through encryption or encoding.
76 (9) "Institutional Review Board" means a board established in accordance with 45 CFR
77 46.102(g)(1992) as such regulation may be amended.
78 (10) "Person" means any person, organization, or entity other than the individual.
79 (11) (a) "Private genetic information" means any information about an identifiable
80 individual that is derived from the presence, absence, alteration, or mutation of an inherited gene
81 or genes, or the presence or absence of a specific DNA marker or markers, and which has been
82 obtained from a genetic test or analysis of the individual's DNA.
83 (b) "Private genetic information" does not include information that is derived from:
84 (i) a routine physical examination;
85 (ii) a routine chemical, blood, or urine analysis;
86 (iii) a test to identify the presence of drugs or HIV infection; or
87 (iv) a test performed due to the presence of signs, symptoms, or other manifestations of
88 a disease, illness, impairment, or other disorder.
89 (12) "Verbal informed consent" means a face-to-face exchange in which an individual is

90 informed of the significance of undergoing a genetic test and the unique health information that
91 may result from such a test in a manner that complies with written protocols for verbal informed
92 consent for genetic testing privacy adopted by:
93 (a) the clinical institution under whose direction informed consent is being sought; or
94 (b) the research institution under whose direction informed consent is being sought,
95 provided that the written protocols have been approved by an institutional review board.
96 (13) "Prior written authorization" means a document signed and dated by an individual
97 authorizing the disclosure of private genetic information to a person or class of persons after being
98 informed of the significance of the authorization in a manner that complies with written protocols
99 for prior written authorization for disclosure of private genetic information adopted by:
100 (a) the institution in possession of the individual's private genetic information; and
101 (b) an institutional review board, if the institution in possession of the individual's private
102 genetic information conducts research.
103 Section 3. Section 26-45-103 is enacted to read:
104 26-45-103. DNA samples collected before or after January 1, 2001.
105 Except as provided in Section 26-45-108 , an individually identifiable DNA sample
106 collected in this state:
107 (1) for genetic analysis on or after January 1, 2001, may only be collected, analyzed,
108 stored, and used for research or other purposes to the extent expressly permitted by and in strict
109 accordance with informed consent obtained in compliance with the requirements of Section
110 26-45-104 ;
111 (2) before January 1, 2001, may be subject to genetic analysis for clinical purposes without
112 complying with the provisions of Section 26-45-104 ; and
113 (3) before January 1, 2001, may be subject to genetic analysis for research purposes:
114 (a) in accordance with the specific purpose for which the sample was originally collected;
115 (b) after the sample has been permanently anonymized through the removal and
116 destruction of individual identifiers; or
117 (c) in connection with a research protocol approved by an institutional review board and:
118 (i) the informed consent requirements of Section 26-45-104 are met; or
119 (ii) a person who serves as a custodian of records and is not directly involved in research
120 or genetic analysis:

121 (A) directs the removal of all individually identifying information from the DNA sample
122 before the sample is analyzed in connection with the approved research protocol;
123 (B) if the identifying information is not destroyed, maintains the confidentiality of
124 individually identifying information and stores the information in a manner in which only the
125 custodian of records and his direct subordinates have access to the information; and
126 (C) only uses stored individually identifying information if the use is necessary to further
127 a legitimate research purpose which is approved by an institutional review board.
128 Section 4. Section 26-45-104 is enacted to read:
129 26-45-104. Informed consent for genetic testing.
130 (1) Except as provided in Section 26-45-106 , no person may collect or cause to be
131 collected an individually identifiable DNA sample in this state for genetic analysis without:
132 (a) obtaining verbal informed consent; and
133 (b) informing the individual of the existence of the institution's written protocol for genetic
134 testing privacy.
135 (2) A person may not perform a genetic test on an individually identifiable DNA sample
136 if that person has actual knowledge that the individual:
137 (a) was in Utah at the time the sample was collected; and
138 (b) did not give informed consent in the manner required by Subsection (1).
139 (3) An individual shall be given a copy of an institution's written protocol for genetic
140 testing privacy upon request.
141 Section 5. Section 26-45-105 is enacted to read:
142 26-45-105. Disclosure of private genetic information.
143 (1) Except as provided in Sections 26-45-106 and 26-45-107 , no person who, in the
144 ordinary course of business, practice of a profession, or rendering of a service, creates, stores,
145 receives, or furnishes private genetic information, may disclose private genetic information to any
146 other person without:
147 (a) the prior written authorization of the individual; and
148 (b) informing the individual of the existence of the institution's written protocol for
149 disclosure of private genetic information.
150 (2) A copy of the written authorization shall be provided to the individual. A copy of the
151 institution's written protocol for disclosure of private genetic information shall be given to the

152 individual upon request.
153 (3) An individual may revoke or amend the authorization by contacting the person to
154 whom authorization was given.
155 (4) An individual may not maintain an action against a person for disclosure of private
156 genetic information made in good faith reliance on a valid written authorization if the person had
157 no notice of the revocation of the authorization at the time the disclosure was made.
158 (5) A general authorization for the release of medical records or medical information may
159 not be used as a written authorization for the disclosure of private genetic information.
160 Section 6. Section 26-45-106 is enacted to read:
161 26-45-106. Exceptions to informed consent.
162 (1) Notwithstanding any other provision in this chapter, a person may provide access to
163 an individually identifiable DNA sample, or to data derived from DNA typing, to assist in the
164 identification of a dead body or the cause of death, provided that the DNA sample is from the dead
165 body and the analysis is limited to that which is necessary to determine the identity of the dead
166 body.
167 (2) Nothing in this chapter may be construed to affect criminal investigations, criminal
168 proceedings, or the authority of law enforcement agencies under Title 53, Chapter 10, Criminal
169 Investigations and Technical Services Division, in collecting, storing, testing, typing, and
170 controlling access to DNA samples in the course of conducting criminal investigations.
171 (3) (a) Nothing in this chapter may be construed to prohibit the collection or analysis of
172 an individually identifiable DNA sample pursuant to Title 62A, Chapter 11, Recovery Services;
173 Title 78, Chapter 45a, Uniform Act on Paternity; or Rule 35 of the Utah Rules of Civil Procedure
174 if the provisions of this Subsection (3) have been met.
175 (b) An order or agency request under Subsection (3)(a) may only be entered upon a finding
176 that:
177 (i) the genetic condition of the individual has been placed at issue;
178 (ii) other ways of obtaining the private information are not available or would not be
179 effective; and
180 (iii) there is a compelling need for the private genetic information which substantially
181 outweighs the potential harm to the privacy interests of the individual.
182 (c) An order or agency request under Subsection (3)(a) shall specify:

183 (i) the manner of collection of the DNA sample;
184 (ii) the person or persons authorized to collect and analyze the DNA sample;
185 (iii) the purpose of the genetic analysis;
186 (iv) that the genetic analysis is limited to that which is necessary to fulfill the purpose of
187 the order or request;
188 (v) that the sample may only be stored until the matter underlying the order or agency
189 request has been resolved and the time for appeal has lapsed;
190 (vi) those persons to whom disclosure of the resulting private genetic information may be
191 made because of a compelling need to know such information; and
192 (vii) such other measures as may be necessary to limit disclosure of the resulting private
193 genetic information for the protection of the individual.
194 (d) A paternity action brought under Subsection (3)(a) shall be presumed to meet the
195 finding requirement of Subsection (3)(b).
196 Section 7. Section 26-45-107 is enacted to read:
197 26-45-107. Compulsory disclosure of private genetic information.
198 (1) No person, including an individual, who maintains private genetic information may be
199 compelled to disclose such information pursuant to a request for compulsory disclosure in any
200 judicial, legislative, or administrative proceeding unless:
201 (a) the person maintaining the genetic information has received the authorization of the
202 individual to release the information in response to the request for compulsory disclosure;
203 (b) the individual is a party to or the subject of the proceeding and the private genetic
204 information is at issue; or
205 (c) the genetic information is for use in a law enforcement proceeding or investigation in
206 which the person maintaining the information is the subject or a party.
207 (2) (a) A person requesting compulsory disclosure pursuant to Subsection (1)(b) or (c)
208 shall serve upon the person maintaining the genetic information and upon the individual:
209 (i) a copy of the request at least ten days prior to the date on which the compulsory
210 disclosure is requested; and
211 (ii) a statement of the right of the individual or person maintaining the genetic information
212 to have any objections to compulsory disclosure heard by the applicable court, legislature, or
213 administrative agency prior to the issuance of a compulsory disclosure order, and the procedure

214 to be followed to have any such objections heard.
215 (b) Service under Subsection (2)(a) may be sent by certified mail, return receipt requested,
216 or hand-delivered.
217 (3) Service of a compulsory disclosure request upon a person maintaining private genetic
218 information shall be accompanied by a written certification, signed by the person seeking to obtain
219 the private genetic information or his authorized representative:
220 (a) identifying at least one subsection of Subsection (1) in justification of compulsory
221 disclosure; and
222 (b) indicating that the notice requirement of Subsection (2)(a) has been met.
223 (4) An order under this section may only be entered upon a finding that:
224 (a) other ways of obtaining the private information are not available or would not be
225 effective; and
226 (b) there is a compelling need for the private genetic information which substantially
227 outweighs the potential harm to the privacy interests of the individual.
228 (5) An order under this section which authorizes the disclosure of private genetic
229 information shall:
230 (a) limit disclosure to those parts of the record containing such information as is essential
231 to fulfill the objective of the order;
232 (b) limit disclosure to those persons whose need for the information is the basis of the
233 order; and
234 (c) include such other measures as may be necessary to limit disclosure for the protection
235 of the individual.
236 Section 8. Section 26-45-108 is enacted to read:
237 26-45-108. Private right of action.
238 (1) An individual whose legal rights arising under this chapter have been violated after
239 June 30, 2001, may recover damages and be granted equitable relief in a civil action.
240 (2) Any person who violates the legal rights of an individual arising from this chapter shall
241 be liable to the individual for each separate violation in an amount equal to:
242 (a) actual damages sustained as a result of the violation; or
243 (b) (i) $2,500 if the violation is the result of negligence;
244 (ii) $5,000 if the violation is the result of gross negligence;

245 (iii) $15,000 if the violation is the result of an intentional and wilful act; or
246 (iv) $30,000 if the violation is the result of a malicious act; and
247 (c) reasonable attorneys' fees up to $5,000.
248 (3) A person is not liable for damages for a violation of Subsection (2)(b)(i) or (ii) if the
249 person:
250 (a) corrected the violation within three working days of having knowledge of the violation;
251 and
252 (b) no actual harm resulted from the violation.
253 Section 9. Section 26-45-109 is enacted to read:
254 26-45-109. Enforcement.
255 (1) Whenever the attorney general has reason to believe that any person is using or is about
256 to use any method, act, or practice in violation of the provisions of this chapter, and that
257 proceedings would be in the public interest, the attorney general may bring an action against the
258 person to restrain or enjoin the use of such method, act, or practice.
259 (2) In addition to restraining or enjoining the use of a method, act, or practice, the court
260 may, after June 30, 2001, require the payment of:
261 (a) a civil fine of not more than $15,000 for each separate intentional violation; and
262 (b) reasonable costs of investigation and litigation, including reasonable attorneys' fees.
263 Section 10. Section 63-2-202 is amended to read:
264 63-2-202. Access to private, controlled, and protected documents.
265 (1) Upon request, a governmental entity shall disclose a private record to:
266 (a) the subject of the record;
267 (b) the parent or legal guardian of an unemancipated minor who is the subject of the
268 record;
269 (c) the legal guardian of a legally incapacitated individual who is the subject of the record;
270 (d) any other individual who:
271 (i) has a power of attorney from the subject of the record;
272 (ii) submits a notarized release from the subject of the record or his legal representative
273 dated no more than 90 days before the date the request is made; or
274 (iii) if the record is a medical record described in Subsection 63-2-302 (1)(b), is a health
275 care provider, as defined in Subsection 26-33a-102 (7), if releasing the record or information in the

276 record is consistent with normal professional practice and medical ethics and Title 26, Chapter 45,
277 Informed Consent for Genetic Testing Act; or
278 (e) any person to whom the record must be provided pursuant to court order as provided
279 in Subsection (7) or a legislative subpoena as provided in Title 36, Chapter 14, Legislative
280 Subpoena Powers.
281 (2) (a) Upon request, a governmental entity shall disclose a controlled record to:
282 (i) a physician, psychologist, certified social worker, insurance provider or agent, or a
283 government public health agency upon submission of a release from the subject of the record that
284 is dated no more than 90 days prior to the date the request is made and a signed acknowledgment
285 of the terms of disclosure of controlled information as provided by Subsection (2)(b); and
286 (ii) any person to whom the record must be disclosed pursuant to court order as provided
287 in Subsection (7) or a legislative subpoena as provided in Title 36, Chapter 14.
288 (b) A person who receives a record from a governmental entity in accordance with
289 Subsection (2)(a)(i) may not disclose controlled information from that record to any person,
290 including the subject of the record.
291 (3) If there is more than one subject of a private or controlled record, the portion of the
292 record that pertains to another subject shall be segregated from the portion that the requester is
293 entitled to inspect.
294 (4) Upon request, a governmental entity shall disclose a protected record to:
295 (a) the person who submitted the record;
296 (b) any other individual who:
297 (i) has a power of attorney from all persons, governmental entities, or political
298 subdivisions whose interests were sought to be protected by the protected classification; or
299 (ii) submits a notarized release from all persons, governmental entities, or political
300 subdivisions whose interests were sought to be protected by the protected classification or from
301 their legal representatives dated no more than 90 days prior to the date the request is made; or
302 (c) any person to whom the record must be provided pursuant to a court order as provided
303 in Subsection (7) or a legislative subpoena as provided in Title 36, Chapter 14.
304 (5) A governmental entity may disclose a private, controlled, or protected record to another
305 governmental entity, political subdivision, another state, the United States, or a foreign government
306 only as provided by Section 63-2-206 .

307 (6) Before releasing a private, controlled, or protected record, the governmental entity shall
308 obtain evidence of the requester's identity.
309 (7) A governmental entity shall disclose a record pursuant to the terms of a court order
310 signed by a judge from a court of competent jurisdiction, provided that:
311 (a) the record deals with a matter in controversy over which the court has jurisdiction;
312 (b) the court has considered the merits of the request for access to the record; [and]
313 (c) the court has considered and, where appropriate, limited the requester's use and further
314 disclosure of the record in order to protect privacy interests in the case of private or controlled
315 records, business confidentiality interests in the case of records protected under Subsections
316 63-2-304 (1) and (2), and privacy interests or the public interest in the case of other protected
317 records;
318 (d) to the extent the record is properly classified private, controlled, or protected, the
319 interests favoring access, considering limitations thereon, outweigh the interests favoring
320 restriction of access; and
321 (e) where access is restricted by a rule, statute, or regulation referred to in Subsection
322 63-2-201 (3)(b), the court has authority independent of this chapter to order disclosure.
323 (8) (a) A governmental entity may disclose or authorize disclosure of private or controlled
324 records for research purposes if the governmental entity:
325 (i) determines that the research purpose cannot reasonably be accomplished without use
326 or disclosure of the information to the researcher in individually identifiable form;
327 (ii) determines that the proposed research is bona fide, and that the value of the research
328 outweighs the infringement upon personal privacy;
329 (iii) requires the researcher to assure the integrity, confidentiality, and security of the
330 records and requires the removal or destruction of the individual identifiers associated with the
331 records as soon as the purpose of the research project has been accomplished;
332 (iv) prohibits the researcher from disclosing the record in individually identifiable form,
333 except as provided in Subsection (8)(b), or from using the record for purposes other than the
334 research approved by the governmental entity; [and]
335 (v) secures from the researcher a written statement of his understanding of and agreement
336 to the conditions of this subsection and his understanding that violation of the terms of this
337 subsection may subject him to criminal prosecution under Section 63-2-801 [.]; and

338 (vi) requires that the researcher complies with the provisions of Title 26, Chapter 45,
339 Informed Consent for Genetic Testing Act, if the research involves genetic information.
340 (b) A researcher may disclose a record in individually identifiable form if the record is
341 disclosed for the purpose of auditing or evaluating the research program and no subsequent use or
342 disclosure of the record in individually identifiable form will be made by the auditor or evaluator
343 except as provided by this section.
344 (c) A governmental entity may require indemnification as a condition of permitting
345 research under this Subsection (8).
346 (9) (a) Under Subsections 63-2-201 (5)(b) and 63-2-401 (6) a governmental entity may
347 disclose records that are private under Section 63-2-302 , or protected under Section 63-2-304 to
348 persons other than those specified in this section.
349 (b) Under Subsection 63-2-403 (11)(b) the Records Committee may require the disclosure
350 of records that are private under Section 63-2-302 , controlled under Section 63-2-303 , or protected
351 under Section 63-2-304 to persons other than those specified in this section.
352 (c) Under Subsection 63-2-404 (8) the court may require the disclosure of records that are
353 private under Section 63-2-302 , controlled under Section 63-2-303 , or protected under Section
354 63-2-304 to persons other than those specified in this section.
355 Section 11. Section 63-2-302 is amended to read:
356 63-2-302. Private records.
357 (1) The following records are private:
358 (a) records concerning an individual's eligibility for unemployment insurance benefits,
359 social services, welfare benefits, or the determination of benefit levels;
360 (b) records containing data on individuals describing medical history, diagnosis, condition,
361 treatment, evaluation, private genetic information, as defined in Section 26-45-102 , or similar
362 medical data;
363 (c) records of publicly funded libraries that when examined alone or with other records
364 identify a patron;
365 (d) records received or generated for a Senate or House Ethics Committee concerning any
366 alleged violation of the rules on legislative ethics, prior to the meeting, and after the meeting, if
367 the ethics committee meeting was closed to the public;
368 (e) records received or generated for a Senate confirmation committee concerning

369 character, professional competence, or physical or mental health of an individual:
370 (i) if prior to the meeting, the chair of the committee determines release of the records:
371 (A) reasonably could be expected to interfere with the investigation undertaken by the
372 committee; or
373 (B) would create a danger of depriving a person of a right to a fair proceeding or impartial
374 hearing;
375 (ii) after the meeting, if the meeting was closed to the public;
376 (f) records concerning a current or former employee of, or applicant for employment with,
377 a governmental entity that would disclose that individual's home address, home telephone number,
378 social security number, insurance coverage, marital status, or payroll deductions;
379 (g) that part of a record indicating a person's social security number if provided under
380 Section 31A-23-202 , 31A-26-202 , 58-1-301 , 61-1-4 , or 61-2-6 ; and
381 (h) that part of a voter registration record identifying a voter's driver license or
382 identification card number, Social Security number, or last four digits of the Social Security
383 number.
384 (2) The following records are private if properly classified by a governmental entity:
385 (a) records concerning a current or former employee of, or applicant for employment with
386 a governmental entity, including performance evaluations and personal status information such as
387 race, religion, or disabilities, but not including records that are public under Subsection
388 63-2-301 (1)(b) or 63-2-301 (2)(o), or private under Subsection 63-2-302 (1)(b);
389 (b) records describing an individual's finances, except that the following are public:
390 (i) records described in Subsection 63-2-301 (1);
391 (ii) information provided to the governmental entity for the purpose of complying with a
392 financial assurance requirement; or
393 (iii) records that must be disclosed in accordance with another statute;
394 (c) records of independent state agencies if the disclosure of those records would conflict
395 with the fiduciary obligations of the agency;
396 (d) other records containing data on individuals the disclosure of which constitutes a
397 clearly unwarranted invasion of personal privacy; and
398 (e) records provided by the United States or by a government entity outside the state that
399 are given with the requirement that the records be managed as private records, if the providing

400 entity states in writing that the record would not be subject to public disclosure if retained by it.
401 (3) (a) As used in this Subsection (3), "medical records" means medical reports, records,
402 statements, history, diagnosis, condition, treatment, and evaluation.
403 (b) Medical records in the possession of the University of Utah Hospital, its clinics,
404 doctors, or affiliated entities are not private records or controlled records under Section 63-2-303
405 when the records are sought:
406 (i) in connection with any legal or administrative proceeding in which the patient's
407 physical, mental, or emotional condition is an element of any claim or defense; or
408 (ii) after a patient's death, in any legal or administrative proceeding in which any party
409 relies upon the condition as an element of the claim or defense.
410 (c) Medical records are subject to production in a legal or administrative proceeding
411 according to state or federal statutes or rules of procedure and evidence as if the medical records
412 were in the possession of a nongovernmental medical care provider.
413 Section 12. Effective date.
414 This act takes effect on January 1, 2001.




Legislative Review Note
as of 1-27-00 1:53 PM

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

Office of Legislative Research and General Counsel