This document includes House Floor Amendments incorporated into the bill on Mon, Jan 22, 2024 at 12:00 PM by housengrossing.
1     
FATALITY REVIEW AMENDMENTS

2     
2024 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Christine F. Watkins

5     
Senate Sponsor: Michael S. Kennedy

6     

7     LONG TITLE
8     Committee Note:
9          The Health and Human Services Interim Committee recommended this bill.
10               Legislative Vote:     16 voting for     0 voting against     3 absent
11     General Description:
12          This bill amends provisions relating to fatality reviews.
13     Highlighted Provisions:
14          This bill:
15          ▸     amends definitions;
16          ▸     consolidates and streamlines certain notice requirements in the fatality review
17     process;
18          ▸     updates language to reflect the electronic storage of certain records;
19          ▸     amends certain deadlines related to the fatality review process; and
20          ▸     makes technical and conforming changes.
21     Money Appropriated in this Bill:
22          None
23     Other Special Clauses:
24          None
25     Utah Code Sections Affected:
26     AMENDS:
27          26B-1-501, as renumbered and amended by Laws of Utah 2023, Chapter 305
28          26B-1-502, as renumbered and amended by Laws of Utah 2023, Chapter 305
29          26B-1-505, as renumbered and amended by Laws of Utah 2023, Chapter 305
30          26B-1-506, as renumbered and amended by Laws of Utah 2023, Chapter 305
31          26B-1-507, as renumbered and amended by Laws of Utah 2023, Chapter 305
32          52-4-205, as last amended by Laws of Utah 2023, Chapters 263, 328, 374, and 521
33          63G-2-202, as last amended by Laws of Utah 2023, Chapter 329
34     

35     Be it enacted by the Legislature of the state of Utah:
36          Section 1. Section 26B-1-501 is amended to read:
37          26B-1-501. Definitions.
38          As used in this part:
39          (1) "Abuse" means the same as that term is defined in Section 80-1-102.
40          (2) "Child" means the same as that term is defined in Section 80-1-102.
41          (3) "Committee" means a fatality review committee that is formed under Section
42     26B-1-503 or 26B-1-504.
43          (4) "Dependency" means the same as that term is defined in Section 80-1-102.
44          (5) "Formal review" means a review of a death or a near fatality that is ordered under
45     Subsection [26B-1-502(6)] 26B-1-502(5).
46          (6) "Near fatality" means alleged abuse or neglect that, as certified by a physician,
47     places a child in serious or critical condition.
48          (7) "Qualified individual" means an individual who:
49          (a) at the time that the individual dies, is a resident of a facility or program that is
50     owned or operated by the department or a division of the department;
51          (b) (i) is in the custody of the department or a division of the department; and
52          (ii) is placed in a residential placement by the department or a division of the
53     department;
54          (c) at the time that the individual dies, has an open case for the receipt of child welfare
55     services, including:
56          (i) an investigation for abuse, neglect, or dependency;
57          (ii) foster care;
58          (iii) in-home services; or
59          (iv) substitute care;
60          (d) had an open case for the receipt of child welfare services within one year before the
61     day on which the individual dies;
62          (e) was the subject of an accepted referral received by Adult Protective Services within
63     one year before the day on which the individual dies, if:
64          (i) the department or a division of the department is aware of the death; and
65          (ii) the death is reported as a homicide, suicide, or an undetermined cause;
66          (f) received services from, or under the direction of, the Division of Services for People
67     with Disabilities within one year before the day on which the individual dies[, unless the
68     individual:];
69          [(i) lived in the individual's home at the time of death; and]
70          [(ii) the director of the Division of Continuous Quality and Improvement determines
71     that the death was not in any way related to services that were provided by, or under the
72     direction of, the department or a division of the department;]
73          (g) dies within 60 days after the day on which the individual is discharged from the
74     Utah State Hospital, if the department is aware of the death;
75          (h) is a child who:
76          (i) suffers a near fatality; and
77          (ii) is the subject of an open case for the receipt of child welfare services within one
78     year before the day on which the child suffered the near fatality, including:
79          (A) an investigation for abuse, neglect, or dependency;
80          (B) foster care;
81          (C) in-home services; or
82          (D) substitute care; or
83          (i) is designated as a qualified individual by the executive director.
84          (8) "Neglect" means the same as that term is defined in Section 80-1-102.
85          (9) "Substitute care" means the same as that term is defined in Section 80-1-102.
86          Section 2. Section 26B-1-502 is amended to read:
87          26B-1-502. Initial review.
88          (1) Within seven days after the day on which the department knows that a qualified
89     individual has died or is an individual described in Subsection 26B-1-501(7)(h), a person
90     designated by the department shall:
91          (a) (i) for a death, complete a deceased client report form, created by the department; or
92          (ii) for an individual described in Subsection 26B-1-501(7)(h), complete a near fatality
93     client report form, created by the department; and
94          (b) forward the completed client report form to:
95          (i) the director of the office or division that has jurisdiction over the region or
96     facility[.];
97          (ii) the executive director;
98          (iii) the director of the Division of Continuous Quality and Improvement; and
99          (iv) the fatality review coordinator, or the fatality review coordinator's designee.
100          [(2) The director of the office or division described in Subsection (1) shall, upon
101     receipt of a near fatality client report form or a deceased client report form, immediately
102     provide a copy of the form to:]
103          [(a) the executive director; and]
104          [(b) the fatality review coordinator or the fatality review coordinator's designee.]
105          [(3)] (2) Within 10 days after the day on which the fatality review coordinator or the
106     fatality review coordinator's designee receives a copy of the near fatality client report form or
107     the deceased client report form, the fatality review coordinator or the fatality review
108     coordinator's designee shall request a copy of all relevant department case records, or electronic
109     access to all relevant department case records, regarding the individual who is the subject of
110     the client report form.
111          [(4)] (3) Each person who receives a request for a record described in Subsection [(3)]
112     (2) shall provide a copy of the record, or electronic access to the record, to the fatality review
113     coordinator or the fatality review coordinator's designee, by a secure method, within seven days
114     after the day on which the request is made.
115          [(5)] (4) Within 30 days after the day on which the fatality review coordinator or the
116     fatality review coordinator's designee receives the case records requested under Subsection
117     [(3)] (2), the fatality review coordinator, or the fatality review coordinator's designee, shall:
118          (a) review the client report form, the case files, and other relevant information received
119     by the fatality review coordinator; and
120          (b) make a recommendation to the director of the Division of Continuous Quality and
121     Improvement regarding whether a formal review of the death or near fatality should be
122     conducted.
123          [(6)] (5) (a) In accordance with Subsection [(6)(b)] (5)(b), within [seven] 14 days after
124     the day on which the fatality review coordinator or the fatality review coordinator's designee
125     makes the recommendation described in Subsection [(5)(b)] (4)(b), the director of the Division
126     of Continuous Quality and Improvement or the director's designee shall determine whether to
127     order that a review of the death or near fatality be conducted.
128          (b) The director of the Division of Continuous Quality and Improvement or the
129     director's designee shall order that a formal review of the death or near fatality be conducted if:
130          (i) at the time of the near fatality or the death, the qualified individual is:
131          (A) an individual described in Ĥ→ [Subsection] ←Ĥ [26B-1-501(6)(a) or (b)] Subsections
132     26B-1-501(7)(a) through (h), unless:
133          (I) the near fatality or the death is due to a natural cause; or
134          (II) the director of the Division of Continuous Quality and Improvement or the
135     director's designee determines that the near fatality or the death was not in any way related to
136     services that were provided by, or under the direction of, the department or a division of the
137     department; or
138          (B) a child in foster care or substitute care, unless the near fatality or the death is due
139     to:
140          (I) a natural cause; or
141          (II) an accident;
142          (ii) it appears, based on the information provided to the director of the Division of
143     Continuous Quality and Improvement or the director's designee, that:
144          (A) a provision of law, rule, policy, or procedure relating to the qualified individual or
145     the individual's family may not have been complied with;
146          (B) the near fatality or the fatality was not responded to properly;
147          (C) a law, rule, policy, or procedure may need to be changed; or
148          (D) additional training is needed;
149          (iii) (A) the death is caused by suicide; or
150          (B) the near fatality is caused by attempted suicide; or
151          (iv) the director of the Division of Continuous Quality and Improvement or the
152     director's designee determines that another reason exists to order that a review of the near
153     fatality or the death be conducted.
154          Section 3. Section 26B-1-505 is amended to read:
155          26B-1-505. Fatality review committee proceedings.
156          (1) A majority vote of committee members present constitutes the action of the
157     committee.
158          (2) The department shall give the committee access to all reports, records, and other
159     documents that are relevant to the near fatality or the death under investigation, including:
160          (a) narrative reports;
161          (b) case files;
162          (c) autopsy reports; and
163          (d) police reports, unless the report is protected from disclosure under Subsection
164     63G-2-305(10) or (11).
165          (3) The Utah State Hospital and the Utah State Developmental Center shall provide
166     protected health information to the committee if requested by a fatality review coordinator.
167          (4) A committee shall convene [its first meeting within 14 days after the day on which
168     a formal review is ordered] monthly, unless this time is extended, for good cause, by the
169     director of the Division of Continuous Quality and Improvement.
170          (5) A committee may interview a staff member, a provider, or any other person who
171     may have knowledge or expertise that is relevant to the formal review.
172          (6) A committee shall render an advisory opinion regarding:
173          (a) whether the provisions of law, rule, policy, and procedure relating to the qualified
174     individual and the individual's family were complied with;
175          (b) whether the near fatality or the death was responded to properly;
176          (c) whether to recommend that a law, rule, policy, or procedure be changed; and
177          (d) whether additional training is needed.
178          Section 4. Section 26B-1-506 is amended to read:
179          26B-1-506. Fatality review committee report -- Response to report.
180          (1) Within 20 days after the day on which the committee proceedings described in
181     Section 26B-1-505 end, the committee shall submit:
182          (a) a written report to the executive director that includes:
183          (i) the advisory opinions made under Subsection 26B-1-505(6); and
184          (ii) any recommendations regarding action that should be taken in relation to an
185     employee of the department or a person who contracts with the department; and
186          (b) a copy of the report described in Subsection (1)(a) to:
187          (i) the director, or the director's designee, of the office or division to which the near
188     fatality or the death relates; and
189          (ii) the regional director, or the regional director's designee, of the region to which the
190     near fatality or the death relates[; and].
191          [(c) a copy of the report described in Subsection (1)(a), with only identifying
192     information redacted, to the Office of Legislative Research and General Counsel.]
193          (2) Within [20] 60 days after the day on which the director described in Subsection
194     (1)(b)(i) receives a copy of the report described in Subsection (1)(a), the [director] department
195     shall provide a written response [to the director of the Division of Continuous Quality and
196     Improvement and a copy of the response], with only identifying information redacted, to the
197     Office of Legislative Research and General Counsel, if the report:
198          (a) indicates that a law, rule, policy, or procedure was not complied with;
199          (b) indicates that the near fatality or the death was not responded to properly;
200          (c) recommends that a law, rule, policy, or procedure be changed; or
201          (d) indicates that additional training is needed.
202          (3) The response described in Subsection (2) shall include:
203          (a) a plan of action to implement any recommended improvements within the [office or
204     division] department; and
205          (b) the approval of the executive director or the executive director's designee for the
206     plan described in Subsection (3)(a).
207          [(4) Within 30 days after the day on which the executive director receives the response
208     described in Subsection (2), the executive director, or the executive director's designee shall:]
209          [(a) review the plan of action described in Subsection (3);]
210          [(b) make any written response that the executive director or the executive director's
211     designee determines is necessary;]
212          [(c) provide a copy of the written response described in Subsection (4)(b), with only
213     identifying information redacted, to the Office of Legislative Research and General Counsel;
214     and]
215          [(d) provide an unredacted copy of the response described in Subsection (4)(b) to the
216     director of the Division of Continuous Quality and Improvement.]
217          [(5)] (4) A report described in Subsection (1) and [each] the response described in [this
218     section] Subsection (2) is a protected record.
219          [(6)] (5) (a) As used in this Subsection [(6)] (5), "fatality review document" means any
220     document created in connection with, or as a result of, a formal review of a near fatality or a
221     death, or a decision whether to conduct a formal review of a near fatality or a death, including:
222          (i) a report described in Subsection (1);
223          (ii) a response described in [this section] Subsection (2);
224          (iii) a recommendation regarding whether a formal review should be conducted;
225          (iv) a decision to conduct a formal review;
226          (v) notes of a person who participates in a formal review;
227          (vi) notes of a person who reviews a formal review report;
228          (vii) minutes of a formal review;
229          (viii) minutes of a meeting where a formal review report is reviewed; and
230          (ix) minutes of, documents received in relation to, and documents generated in relation
231     to, the portion of a meeting of the Health and Human Services Interim Committee or the Child
232     Welfare Legislative Oversight Panel that a formal review report or a document described in this
233     Subsection [(6)(a)] (5)(a) is reviewed or discussed.
234          (b) A fatality review document is not subject to discovery, subpoena, or similar
235     compulsory process in any civil, judicial, or administrative proceeding, nor shall any individual
236     or organization with lawful access to the data be compelled to testify with regard to a report
237     described in Subsection (1) or a response described in [this section] Subsection (2).
238          (c) The following are not admissible as evidence in a civil, judicial, or administrative
239     proceeding:
240          (i) a fatality review document; and
241          (ii) an executive summary described in Subsection 26B-1-507(4).
242          Section 5. Section 26B-1-507 is amended to read:
243          26B-1-507. Reporting to, and review by, legislative committees.
244          (1) [The Office of Legislative Research and General Counsel] On or before September
245     1 of each year, the department shall provide, with only identifying information redacted, a copy
246     of the report described in Subsection [26B-1-506(1)(c)] 26B-1-506(1)(b), and the [responses]
247     response described in [Subsections 26B-1-506(2) and (4)(c)] Subsection 26B-1-506(2) to the
248     Office of Legislative Research and General Counsel and the chairs of:
249          (a) the Health and Human Services Interim Committee; or
250          (b) if the qualified individual who is the subject of the report is an individual described
251     in Subsection 26B-1-501(7)(c), (d), or (h), the Child Welfare Legislative Oversight Panel.
252          (2) (a) The Health and Human Services Interim Committee may, in a closed meeting,
253     review a report described in Subsection 26B-1-506(1)(b).
254          (b) The Child Welfare Legislative Oversight Panel shall, in a closed meeting, review a
255     report described in Subsection (1)(b).
256          (3) (a) The Health and Human Services Interim Committee and the Child Welfare
257     Legislative Oversight Panel may not interfere with, or make recommendations regarding, the
258     resolution of a particular case.
259          (b) The purpose of a review described in Subsection (2) is to assist a committee or
260     panel described in Subsection (2) in determining whether to recommend a change in the law.
261          (c) Any recommendation, described in Subsection (3)(b), by a committee or panel for a
262     change in the law shall be made in an open meeting.
263          (4) [(a)] On or before September 1 of each year, the department shall provide an
264     executive summary of all formal review reports for the preceding state fiscal year to [the Office
265     of Legislative Research and General Counsel.]:
266          [(b)] (a) [The] the Office of Legislative Research and General Counsel [shall forward a
267     copy of the executive summary described in Subsection (4)(a) to:];
268          [(i)] (b) the Health and Human Services Interim Committee; and
269          [(ii)] (c) the Child Welfare Legislative Oversight Panel.
270          (5) The executive summary described in Subsection (4):
271          (a) may not include any names or identifying information;
272          (b) shall include:
273          (i) all recommendations regarding changes to the law that were made during the
274     preceding fiscal year under Subsection 26B-1-505(6);
275          (ii) all changes made, or in the process of being made, to a law, rule, policy, or
276     procedure in response to a formal review that occurred during the preceding fiscal year;
277          (iii) a description of the training that has been completed in response to a formal
278     review that occurred during the preceding fiscal year;
279          (iv) statistics for the preceding fiscal year regarding:
280          (A) the number of qualified individuals and the type of deaths and near fatalities that
281     are known to the department;
282          (B) the number of formal reviews conducted;
283          (C) the categories described in Subsection 26B-1-501(7) of qualified individuals;
284          (D) the gender, age, race, and other significant categories of qualified individuals; and
285          (E) the number of fatalities of qualified individuals known to the department that are
286     identified as suicides; and
287          (v) action taken by the Division of Licensing and Background Checks [and the Bureau
288     of Internal Review and Audits] in response to the near fatality or the death of a qualified
289     individual; and
290          (c) is a public document.
291          (6) The Division of Child and Family Services shall, to the extent required by the
292     federal Child Abuse Prevention and Treatment Act of 1988, Pub. L. No. 93-247, as amended,
293     allow public disclosure of the findings or information relating to a case of child abuse or
294     neglect that results in a child fatality or a near fatality.
295          Section 6. Section 52-4-205 is amended to read:
296          52-4-205. Purposes of closed meetings -- Certain issues prohibited in closed
297     meetings.
298          (1) A closed meeting described under Section 52-4-204 may only be held for:
299          (a) except as provided in Subsection (3), discussion of the character, professional
300     competence, or physical or mental health of an individual;
301          (b) strategy sessions to discuss collective bargaining;
302          (c) strategy sessions to discuss pending or reasonably imminent litigation;
303          (d) strategy sessions to discuss the purchase, exchange, or lease of real property,
304     including any form of a water right or water shares, or to discuss a proposed development
305     agreement, project proposal, or financing proposal related to the development of land owned by
306     the state, if public discussion would:
307          (i) disclose the appraisal or estimated value of the property under consideration; or
308          (ii) prevent the public body from completing the transaction on the best possible terms;
309          (e) strategy sessions to discuss the sale of real property, including any form of a water
310     right or water shares, if:
311          (i) public discussion of the transaction would:
312          (A) disclose the appraisal or estimated value of the property under consideration; or
313          (B) prevent the public body from completing the transaction on the best possible terms;
314          (ii) the public body previously gave public notice that the property would be offered for
315     sale; and
316          (iii) the terms of the sale are publicly disclosed before the public body approves the
317     sale;
318          (f) discussion regarding deployment of security personnel, devices, or systems;
319          (g) investigative proceedings regarding allegations of criminal misconduct;
320          (h) as relates to the Independent Legislative Ethics Commission, conducting business
321     relating to the receipt or review of ethics complaints;
322          (i) as relates to an ethics committee of the Legislature, a purpose permitted under
323     Subsection 52-4-204(1)(a)(iii)(C);
324          (j) as relates to the Independent Executive Branch Ethics Commission created in
325     Section 63A-14-202, conducting business relating to an ethics complaint;
326          (k) as relates to a county legislative body, discussing commercial information as
327     defined in Section 59-1-404;
328          (l) as relates to the Utah Higher Education Savings Board of Trustees and its appointed
329     board of directors, discussing fiduciary or commercial information;
330          (m) deliberations, not including any information gathering activities, of a public body
331     acting in the capacity of:
332          (i) an evaluation committee under Title 63G, Chapter 6a, Utah Procurement Code,
333     during the process of evaluating responses to a solicitation, as defined in Section 63G-6a-103;
334          (ii) a protest officer, defined in Section 63G-6a-103, during the process of making a
335     decision on a protest under Title 63G, Chapter 6a, Part 16, Protests; or
336          (iii) a procurement appeals panel under Title 63G, Chapter 6a, Utah Procurement
337     Code, during the process of deciding an appeal under Title 63G, Chapter 6a, Part 17,
338     Procurement Appeals Board;
339          (n) the purpose of considering information that is designated as a trade secret, as
340     defined in Section 13-24-2, if the public body's consideration of the information is necessary to
341     properly conduct a procurement under Title 63G, Chapter 6a, Utah Procurement Code;
342          (o) the purpose of discussing information provided to the public body during the
343     procurement process under Title 63G, Chapter 6a, Utah Procurement Code, if, at the time of
344     the meeting:
345          (i) the information may not, under Title 63G, Chapter 6a, Utah Procurement Code, be
346     disclosed to a member of the public or to a participant in the procurement process; and
347          (ii) the public body needs to review or discuss the information to properly fulfill its
348     role and responsibilities in the procurement process;
349          (p) as relates to the governing board of a governmental nonprofit corporation, as that
350     term is defined in Section 11-13a-102, the purpose of discussing information that is designated
351     as a trade secret, as that term is defined in Section 13-24-2, if:
352          (i) public knowledge of the discussion would reasonably be expected to result in injury
353     to the owner of the trade secret; and
354          (ii) discussion of the information is necessary for the governing board to properly
355     discharge the board's duties and conduct the board's business;
356          (q) as it relates to the Cannabis Production Establishment Licensing Advisory Board,
357     to review confidential information regarding violations and security requirements in relation to
358     the operation of cannabis production establishments;
359          (r) considering a loan application, if public discussion of the loan application would
360     disclose:
361          (i) nonpublic personal financial information; or
362          (ii) a nonpublic trade secret, as defined in Section 13-24-2, or nonpublic business
363     financial information the disclosure of which would reasonably be expected to result in unfair
364     competitive injury to the person submitting the information;
365          (s) a discussion of the board of the Point of the Mountain State Land Authority, created
366     in Section 11-59-201, regarding a potential tenant of point of the mountain state land, as
367     defined in Section 11-59-102; or
368          (t) a purpose for which a meeting is required to be closed under Subsection (2).
369          (2) The following meetings shall be closed:
370          (a) a meeting of the Health and Human Services Interim Committee to review a report
371     described in Subsection 26B-1-506(1)(a), and [the responses] a response to the report described
372     in [Subsections 26B-1-506(2) and (4)] Subsection 26B-1-506(2);
373          (b) a meeting of the Child Welfare Legislative Oversight Panel to:
374          (i) review a report described in Subsection 26B-1-506(1)(a), and [the responses] a
375     response to the report described in [Subsections 26B-1-506(2) and (4)] Subsection
376     26B-1-506(2); or
377          (ii) review and discuss an individual case, as described in Subsection 36-33-103(2);
378          (c) a meeting of the Opioid and Overdose Fatality Review Committee, created in
379     Section 26B-1-403, to review and discuss an individual case, as described in Subsection
380     26B-1-403(10);
381          (d) a meeting of a conservation district as defined in Section 17D-3-102 for the
382     purpose of advising the Natural Resource Conservation Service of the United States
383     Department of Agriculture on a farm improvement project if the discussed information is
384     protected information under federal law;
385          (e) a meeting of the Compassionate Use Board established in Section 26B-1-421 for
386     the purpose of reviewing petitions for a medical cannabis card in accordance with Section
387     26B-1-421;
388          (f) a meeting of the Colorado River Authority of Utah if:
389          (i) the purpose of the meeting is to discuss an interstate claim to the use of the water in
390     the Colorado River system; and
391          (ii) failing to close the meeting would:
392          (A) reveal the contents of a record classified as protected under Subsection
393     63G-2-305(82);
394          (B) reveal a legal strategy relating to the state's claim to the use of the water in the
395     Colorado River system;
396          (C) harm the ability of the Colorado River Authority of Utah or river commissioner to
397     negotiate the best terms and conditions regarding the use of water in the Colorado River
398     system; or
399          (D) give an advantage to another state or to the federal government in negotiations
400     regarding the use of water in the Colorado River system;
401          (g) a meeting of the General Regulatory Sandbox Program Advisory Committee if:
402          (i) the purpose of the meeting is to discuss an application for participation in the
403     regulatory sandbox as defined in Section 63N-16-102; and
404          (ii) failing to close the meeting would reveal the contents of a record classified as
405     protected under Subsection 63G-2-305(83);
406          (h) a meeting of a project entity if:
407          (i) the purpose of the meeting is to conduct a strategy session to discuss market
408     conditions relevant to a business decision regarding the value of a project entity asset if the
409     terms of the business decision are publicly disclosed before the decision is finalized and a
410     public discussion would:
411          (A) disclose the appraisal or estimated value of the project entity asset under
412     consideration; or
413          (B) prevent the project entity from completing on the best possible terms a
414     contemplated transaction concerning the project entity asset;
415          (ii) the purpose of the meeting is to discuss a record, the disclosure of which could
416     cause commercial injury to, or confer a competitive advantage upon a potential or actual
417     competitor of, the project entity;
418          (iii) the purpose of the meeting is to discuss a business decision, the disclosure of
419     which could cause commercial injury to, or confer a competitive advantage upon a potential or
420     actual competitor of, the project entity; or
421          (iv) failing to close the meeting would prevent the project entity from getting the best
422     price on the market; and
423          (i) a meeting of the School Activity Eligibility Commission, described in Section
424     53G-6-1003, if the commission is in effect in accordance with Section 53G-6-1002, to
425     consider, discuss, or determine, in accordance with Section 53G-6-1004, an individual student's
426     eligibility to participate in an interscholastic activity, as that term is defined in Section
427     53G-6-1001, including the commission's determinative vote on the student's eligibility.
428          (3) In a closed meeting, a public body may not:
429          (a) interview a person applying to fill an elected position;
430          (b) discuss filling a midterm vacancy or temporary absence governed by Title 20A,
431     Chapter 1, Part 5, Candidate Vacancy and Vacancy and Temporary Absence in Elected Office;
432     or
433          (c) discuss the character, professional competence, or physical or mental health of the
434     person whose name was submitted for consideration to fill a midterm vacancy or temporary
435     absence governed by Title 20A, Chapter 1, Part 5, Candidate Vacancy and Vacancy and
436     Temporary Absence in Elected Office.
437          Section 7. Section 63G-2-202 is amended to read:
438          63G-2-202. Access to private, controlled, and protected documents.
439          (1) Except as provided in Subsection (11)(a), a governmental entity:
440          (a) shall, upon request, disclose a private record to:
441          (i) the subject of the record;
442          (ii) the parent or legal guardian of an unemancipated minor who is the subject of the
443     record;
444          (iii) the legal guardian of a legally incapacitated individual who is the subject of the
445     record;
446          (iv) any other individual who:
447          (A) has a power of attorney from the subject of the record;
448          (B) submits a notarized release from the subject of the record or the individual's legal
449     representative dated no more than 90 days before the date the request is made; or
450          (C) if the record is a medical record described in Subsection 63G-2-302(1)(b), is a
451     health care provider, as defined in Section 26B-8-501, if releasing the record or information in
452     the record is consistent with normal professional practice and medical ethics; or
453          (v) any person to whom the record must be provided pursuant to:
454          (A) court order as provided in Subsection (7); or
455          (B) a legislative subpoena as provided in Title 36, Chapter 14, Legislative Subpoena
456     Powers; and
457          (b) may disclose a private record described in Subsections 63G-2-302(1)(j) through
458     (m), without complying with Section 63G-2-206, to another governmental entity for a purpose
459     related to:
460          (i) voter registration; or
461          (ii) the administration of an election.
462          (2) (a) Upon request, a governmental entity shall disclose a controlled record to:
463          (i) a physician, physician assistant, psychologist, certified social worker, insurance
464     provider or producer, or a government public health agency upon submission of:
465          (A) a release from the subject of the record that is dated no more than 90 days prior to
466     the date the request is made; and
467          (B) a signed acknowledgment of the terms of disclosure of controlled information as
468     provided by Subsection (2)(b); and
469          (ii) any person to whom the record must be disclosed pursuant to:
470          (A) a court order as provided in Subsection (7); or
471          (B) a legislative subpoena as provided in Title 36, Chapter 14, Legislative Subpoena
472     Powers.
473          (b) A person who receives a record from a governmental entity in accordance with
474     Subsection (2)(a)(i) may not disclose controlled information from that record to any person,
475     including the subject of the record.
476          (3) If there is more than one subject of a private or controlled record, the portion of the
477     record that pertains to another subject shall be segregated from the portion that the requester is
478     entitled to inspect.
479          (4) Upon request, and except as provided in Subsection (11)(b), a governmental entity
480     shall disclose a protected record to:
481          (a) the person that submitted the record;
482          (b) any other individual who:
483          (i) has a power of attorney from all persons, governmental entities, or political
484     subdivisions whose interests were sought to be protected by the protected classification; or
485          (ii) submits a notarized release from all persons, governmental entities, or political
486     subdivisions whose interests were sought to be protected by the protected classification or from
487     their legal representatives dated no more than 90 days prior to the date the request is made;
488          (c) any person to whom the record must be provided pursuant to:
489          (i) a court order as provided in Subsection (7); or
490          (ii) a legislative subpoena as provided in Title 36, Chapter 14, Legislative Subpoena
491     Powers; or
492          (d) the owner of a mobile home park, subject to the conditions of Subsection
493     41-1a-116(5).
494          (5) Except as provided in Subsection (1)(b), a governmental entity may disclose a
495     private, controlled, or protected record to another governmental entity, political subdivision,
496     state, the United States, or a foreign government only as provided by Section 63G-2-206.
497          (6) Before releasing a private, controlled, or protected record, the governmental entity
498     shall obtain evidence of the requester's identity.
499          (7) A governmental entity shall disclose a record pursuant to the terms of a court order
500     signed by a judge from a court of competent jurisdiction, provided that:
501          (a) the record deals with a matter in controversy over which the court has jurisdiction;
502          (b) the court has considered the merits of the request for access to the record;
503          (c) the court has considered and, where appropriate, limited the requester's use and
504     further disclosure of the record in order to protect:
505          (i) privacy interests in the case of private or controlled records;
506          (ii) business confidentiality interests in the case of records protected under Subsection
507     63G-2-305(1), (2), (40)(a)(ii), or (40)(a)(vi); and
508          (iii) privacy interests or the public interest in the case of other protected records;
509          (d) to the extent the record is properly classified private, controlled, or protected, the
510     interests favoring access, considering limitations thereon, are greater than or equal to the
511     interests favoring restriction of access; and
512          (e) where access is restricted by a rule, statute, or regulation referred to in Subsection
513     63G-2-201(3)(b), the court has authority independent of this chapter to order disclosure.
514          (8) (a) Except as provided in Subsection (8)(d), a governmental entity may disclose or
515     authorize disclosure of private or controlled records for research purposes if the governmental
516     entity:
517          (i) determines that the research purpose cannot reasonably be accomplished without
518     use or disclosure of the information to the researcher in individually identifiable form;
519          (ii) determines that:
520          (A) the proposed research is bona fide; and
521          (B) the value of the research is greater than or equal to the infringement upon personal
522     privacy;
523          (iii) (A) requires the researcher to assure the integrity, confidentiality, and security of
524     the records; and
525          (B) requires the removal or destruction of the individual identifiers associated with the
526     records as soon as the purpose of the research project has been accomplished;
527          (iv) prohibits the researcher from:
528          (A) disclosing the record in individually identifiable form, except as provided in
529     Subsection (8)(b); or
530          (B) using the record for purposes other than the research approved by the governmental
531     entity; and
532          (v) secures from the researcher a written statement of the researcher's understanding of
533     and agreement to the conditions of this Subsection (8) and the researcher's understanding that
534     violation of the terms of this Subsection (8) may subject the researcher to criminal prosecution
535     under Section 63G-2-801.
536          (b) A researcher may disclose a record in individually identifiable form if the record is
537     disclosed for the purpose of auditing or evaluating the research program and no subsequent use
538     or disclosure of the record in individually identifiable form will be made by the auditor or
539     evaluator except as provided by this section.
540          (c) A governmental entity may require indemnification as a condition of permitting
541     research under this Subsection (8).
542          (d) A governmental entity may not disclose or authorize disclosure of a private record
543     for research purposes as described in this Subsection (8) if the private record is a record
544     described in Subsection 63G-2-302(1)(w).
545          (9) (a) Under Subsections 63G-2-201(5)(b) and 63G-2-401(6), a governmental entity
546     may disclose to persons other than those specified in this section records that are:
547          (i) private under Section 63G-2-302; or
548          (ii) protected under Section 63G-2-305, subject to Section 63G-2-309 if a claim for
549     business confidentiality has been made under Section 63G-2-309.
550          (b) Under Subsection 63G-2-403(11)(b), the State Records Committee may require the
551     disclosure to persons other than those specified in this section of records that are:
552          (i) private under Section 63G-2-302;
553          (ii) controlled under Section 63G-2-304; or
554          (iii) protected under Section 63G-2-305, subject to Section 63G-2-309 if a claim for
555     business confidentiality has been made under Section 63G-2-309.
556          (c) Under Subsection 63G-2-404(7), the court may require the disclosure of records
557     that are private under Section 63G-2-302, controlled under Section 63G-2-304, or protected
558     under Section 63G-2-305 to persons other than those specified in this section.
559          (10) (a) A private record described in Subsection 63G-2-302(2)(f) may only be
560     disclosed as provided in Subsection (1)(a)(v).
561          (b) A protected record described in Subsection 63G-2-305(43) may only be disclosed
562     as provided in Subsection (4)(c) or Section 26B-6-212.
563          (11) (a) A private, protected, or controlled record described in Section 26B-1-506 shall
564     be disclosed as required under:
565          (i) Subsections 26B-1-506(1)(b)[,] and (2)[, and (4)(c)]; and
566          (ii) Subsections 26B-1-507(1) and (6).
567          (b) A record disclosed under Subsection (11)(a) shall retain its character as private,
568     protected, or controlled.
569          Section 8. Effective date.
570          This bill takes effect on May 1, 2024.