Section 1, Section 26B-1-501 is amended to read: 26B-1-501. Definitions. As used in this part: (1)"Abuse" means the same as that term is defined in Section 80-1-102. (2)"Child" means the same as that term is defined in Section 80-1-102. (3)"Committee" means a fatality review committee that is formed under Section 26B-1-503 or 26B-1-504. (4)"Dependency" means the same as that term is defined in Section 80-1-102. (5)"Formal review" means a review of a death or a near fatality that is ordered under Subsection 26B-1-502(6) 26B-1-502(5) . (6)"Near fatality" means alleged abuse or neglect that, as certified by a physician, places a child in serious or critical condition. (7)"Qualified individual" means an individual who: (a)at the time that the individual dies, is a resident of a facility or program that is owned or operated by the department or a division of the department; (b) (i)is in the custody of the department or a division of the department; and (ii)is placed in a residential placement by the department or a division of the department; (c)at the time that the individual dies, has an open case for the receipt of child welfare services, including: (i)an investigation for abuse, neglect, or dependency; (ii)foster care; (iii)in-home services; or (iv)substitute care; (d)had an open case for the receipt of child welfare services within one year before the day on which the individual dies; (e)was the subject of an accepted referral received by Adult Protective Services within one year before the day on which the individual dies, if: (i)the department or a division of the department is aware of the death; and (ii)the death is reported as a homicide, suicide, or an undetermined cause; (f)received services from, or under the direction of, the Division of Services for People with Disabilities within one year before the day on which the individual dies , unless the individual: ; (i) lived in the individual's home at the time of death; and (ii) the director of the Division of Continuous Quality and Improvement determines that the death was not in any way related to services that were provided by, or under the direction of, the department or a division of the department; (g)dies within 60 days after the day on which the individual is discharged from the Utah State Hospital, if the department is aware of the death; (h)is a child who: (i)suffers a near fatality; and (ii)is the subject of an open case for the receipt of child welfare services within one year before the day on which the child suffered the near fatality, including: (A)an investigation for abuse, neglect, or dependency; (B)foster care; (C)in-home services; or (D)substitute care; or (i)is designated as a qualified individual by the executive director. (8)"Neglect" means the same as that term is defined in Section 80-1-102. (9)"Substitute care" means the same as that term is defined in Section 80-1-102.

Section 2, Section 26B-1-502 is amended to read: 26B-1-502. Initial review. (1)Within seven days after the day on which the department knows that a qualified individual has died or is an individual described in Subsection 26B-1-501(7)(h), a person designated by the department shall: (a) (i)for a death, complete a deceased client report form, created by the department; or (ii)for an individual described in Subsection 26B-1-501(7)(h), complete a near fatality client report form, created by the department; and (b)forward the completed client report form to : (i) the director of the office or division that has jurisdiction over the region or facility . ; (ii) the executive director; (iii) the director of the Division of Continuous Quality and Improvement; and (iv) the fatality review coordinator, or the fatality review coordinator's designee. (2) The director of the office or division described in Subsection (1) shall, upon receipt of a near fatality client report form or a deceased client report form, immediately provide a copy of the form to: (a) the executive director; and (b) the fatality review coordinator or the fatality review coordinator's designee. (3) (2) Within 10 days after the day on which the fatality review coordinator or the fatality review coordinator's designee receives a copy of the near fatality client report form or the deceased client report form, the fatality review coordinator or the fatality review coordinator's designee shall request a copy of all relevant department case records , or electronic access to all relevant department case records, regarding the individual who is the subject of the client report form. (4) (3) Each person who receives a request for a record described in Subsection (3) (2) shall provide a copy of the record , or electronic access to the record, to the fatality review coordinator or the fatality review coordinator's designee, by a secure method, within seven days after the day on which the request is made. (5) (4) Within 30 days after the day on which the fatality review coordinator or the fatality review coordinator's designee receives the case records requested under Subsection (3) (2) , the fatality review coordinator, or the fatality review coordinator's designee, shall: (a)review the client report form, the case files, and other relevant information received by the fatality review coordinator; and (b)make a recommendation to the director of the Division of Continuous Quality and Improvement regarding whether a formal review of the death or near fatality should be conducted. (6) (5) (a)In accordance with Subsection (6)(b) (5)(b), within seven 14 days after the day on which the fatality review coordinator or the fatality review coordinator's designee makes the recommendation described in Subsection (5)(b) (4)(b), the director of the Division of Continuous Quality and Improvement or the director's designee shall determine whether to order that a review of the death or near fatality be conducted. (b)The director of the Division of Continuous Quality and Improvement or the director's designee shall order that a formal review of the death or near fatality be conducted if: (i)at the time of the near fatality or the death, the qualified individual is: (A)an individual described in Subsection 26B-1-501(6)(a) or (b) Subsections 26B-1-501 (7)(a) through (h) , unless: (I)the near fatality or the death is due to a natural cause; or (II)the director of the Division of Continuous Quality and Improvement or the director's designee determines that the near fatality or the death was not in any way related to services that were provided by, or under the direction of, the department or a division of the department; or (B)a child in foster care or substitute care, unless the near fatality or the death is due to: (I)a natural cause; or (II)an accident; (ii)it appears, based on the information provided to the director of the Division of Continuous Quality and Improvement or the director's designee, that: (A)a provision of law, rule, policy, or procedure relating to the qualified individual or the individual's family may not have been complied with; (B)the near fatality or the fatality was not responded to properly; (C)a law, rule, policy, or procedure may need to be changed; or (D)additional training is needed; (iii) (A)the death is caused by suicide; or (B)the near fatality is caused by attempted suicide; or (iv)the director of the Division of Continuous Quality and Improvement or the director's designee determines that another reason exists to order that a review of the near fatality or the death be conducted.

Section 3, Section 26B-1-505 is amended to read: 26B-1-505. Fatality review committee proceedings. (1)A majority vote of committee members present constitutes the action of the committee. (2)The department shall give the committee access to all reports, records, and other documents that are relevant to the near fatality or the death under investigation, including: (a)narrative reports; (b)case files; (c)autopsy reports; and (d)police reports, unless the report is protected from disclosure under Subsection 63G-2-305 (10) or (11). (3)The Utah State Hospital and the Utah State Developmental Center shall provide protected health information to the committee if requested by a fatality review coordinator. (4)A committee shall convene its first meeting within 14 days after the day on which a formal review is ordered monthly, unless this time is extended, for good cause, by the director of the Division of Continuous Quality and Improvement. (5)A committee may interview a staff member, a provider, or any other person who may have knowledge or expertise that is relevant to the formal review. (6)A committee shall render an advisory opinion regarding: (a)whether the provisions of law, rule, policy, and procedure relating to the qualified individual and the individual's family were complied with; (b)whether the near fatality or the death was responded to properly; (c)whether to recommend that a law, rule, policy, or procedure be changed; and (d)whether additional training is needed.

Section 4, Section 26B-1-506 is amended to read: 26B-1-506. Fatality review committee report -- Response to report. (1)Within 20 days after the day on which the committee proceedings described in Section 26B-1-505 end, the committee shall submit: (a)a written report to the executive director that includes: (i)the advisory opinions made under Subsection 26B-1-505(6); and (ii)any recommendations regarding action that should be taken in relation to an employee of the department or a person who contracts with the department; and (b)a copy of the report described in Subsection (1)(a) to: (i)the director, or the director's designee, of the office or division to which the near fatality or the death relates; and (ii)the regional director, or the regional director's designee, of the region to which the near fatality or the death relates ; and . (c) a copy of the report described in Subsection (1)(a), with only identifying information redacted, to the Office of Legislative Research and General Counsel. (2)Within 20 60 days after the day on which the director described in Subsection (1)(b)(i) receives a copy of the report described in Subsection (1)(a), the director department shall provide a written response to the director of the Division of Continuous Quality and Improvement and a copy of the response , with only identifying information redacted, to the Office of Legislative Research and General Counsel, if the report: (a)indicates that a law, rule, policy, or procedure was not complied with; (b)indicates that the near fatality or the death was not responded to properly; (c)recommends that a law, rule, policy, or procedure be changed; or (d)indicates that additional training is needed. (3)The response described in Subsection (2) shall include : (a) a plan of action to implement any recommended improvements within the office or division department; and (b) the approval of the executive director or the executive director's designee for the plan described in Subsection (3)(a) . (4) Within 30 days after the day on which the executive director receives the response described in Subsection (2), the executive director, or the executive director's designee shall: (a) review the plan of action described in Subsection (3); (b) make any written response that the executive director or the executive director's designee determines is necessary; (c) provide a copy of the written response described in Subsection (4)(b), with only identifying information redacted, to the Office of Legislative Research and General Counsel; and (d) provide an unredacted copy of the response described in Subsection (4)(b) to the director of the Division of Continuous Quality and Improvement. (5) (4) A report described in Subsection (1) and each the response described in this section Subsection (2) is a protected record. (6) (5) (a)As used in this Subsection (6) (5), "fatality review document" means any document created in connection with, or as a result of, a formal review of a near fatality or a death, or a decision whether to conduct a formal review of a near fatality or a death, including: (i)a report described in Subsection (1); (ii)a response described in this section Subsection (2); (iii)a recommendation regarding whether a formal review should be conducted; (iv)a decision to conduct a formal review; (v)notes of a person who participates in a formal review; (vi)notes of a person who reviews a formal review report; (vii)minutes of a formal review; (viii)minutes of a meeting where a formal review report is reviewed; and (ix)minutes of, documents received in relation to, and documents generated in relation to, the portion of a meeting of the Health and Human Services Interim Committee or the Child Welfare Legislative Oversight Panel that a formal review report or a document described in this Subsection (6)(a) (5)(a) is reviewed or discussed. (b)A fatality review document is not subject to discovery, subpoena, or similar compulsory process in any civil, judicial, or administrative proceeding, nor shall any individual or organization with lawful access to the data be compelled to testify with regard to a report described in Subsection (1) or a response described in this section Subsection (2) . (c)The following are not admissible as evidence in a civil, judicial, or administrative proceeding: (i)a fatality review document; and (ii)an executive summary described in Subsection 26B-1-507(4).

Section 5, Section 26B-1-507 is amended to read: 26B-1-507. Reporting to, and review by, legislative committees. (1) The Office of Legislative Research and General Counsel On or before September 1 of each year, the department shall provide , with only identifying information redacted, a copy of the report described in Subsection 26B-1-506(1)(c) 26B-1-506(1)(b) , and the responses response described in Subsections 26B-1-506(2) and (4)(c) Subsection 26B-1-506 (2) to the Office of Legislative Research and General Counsel and the chairs of: (a)the Health and Human Services Interim Committee; or (b)if the qualified individual who is the subject of the report is an individual described in Subsection 26B-1-501(7)(c), (d), or (h), the Child Welfare Legislative Oversight Panel. (2) (a)The Health and Human Services Interim Committee may, in a closed meeting, review a report described in Subsection 26B-1-506(1)(b). (b)The Child Welfare Legislative Oversight Panel shall, in a closed meeting, review a report described in Subsection (1)(b). (3) (a)The Health and Human Services Interim Committee and the Child Welfare Legislative Oversight Panel may not interfere with, or make recommendations regarding, the resolution of a particular case. (b)The purpose of a review described in Subsection (2) is to assist a committee or panel described in Subsection (2) in determining whether to recommend a change in the law. (c)Any recommendation, described in Subsection (3)(b), by a committee or panel for a change in the law shall be made in an open meeting. (4) (a) On or before September 1 of each year, the department shall provide an executive summary of all formal review reports for the preceding state fiscal year to the Office of Legislative Research and General Counsel. : (b) (a) The the Office of Legislative Research and General Counsel shall forward a copy of the executive summary described in Subsection (4)(a) to: ; (i) (b) the Health and Human Services Interim Committee; and (ii) (c) the Child Welfare Legislative Oversight Panel. (5)The executive summary described in Subsection (4): (a)may not include any names or identifying information; (b)shall include: (i)all recommendations regarding changes to the law that were made during the preceding fiscal year under Subsection 26B-1-505(6); (ii)all changes made, or in the process of being made, to a law, rule, policy, or procedure in response to a formal review that occurred during the preceding fiscal year; (iii)a description of the training that has been completed in response to a formal review that occurred during the preceding fiscal year; (iv)statistics for the preceding fiscal year regarding: (A)the number of qualified individuals and the type of deaths and near fatalities that are known to the department; (B)the number of formal reviews conducted; (C)the categories described in Subsection 26B-1-501(7) of qualified individuals; (D)the gender, age, race, and other significant categories of qualified individuals; and (E)the number of fatalities of qualified individuals known to the department that are identified as suicides; and (v)action taken by the Division of Licensing and Background Checks and the Bureau of Internal Review and Audits in response to the near fatality or the death of a qualified individual; and (c)is a public document. (6)The Division of Child and Family Services shall, to the extent required by the federal Child Abuse Prevention and Treatment Act of 1988, Pub. L. No. 93-247, as amended, allow public disclosure of the findings or information relating to a case of child abuse or neglect that results in a child fatality or a near fatality.

Section 6, Section 52-4-205 is amended to read: 52-4-205. Purposes of closed meetings -- Certain issues prohibited in closed meetings. (1)A closed meeting described under Section 52-4-204 may only be held for: (a)except as provided in Subsection (3), discussion of the character, professional competence, or physical or mental health of an individual; (b)strategy sessions to discuss collective bargaining; (c)strategy sessions to discuss pending or reasonably imminent litigation; (d)strategy sessions to discuss the purchase, exchange, or lease of real property, including any form of a water right or water shares, or to discuss a proposed development agreement, project proposal, or financing proposal related to the development of land owned by the state, if public discussion would: (i)disclose the appraisal or estimated value of the property under consideration; or (ii)prevent the public body from completing the transaction on the best possible terms; (e)strategy sessions to discuss the sale of real property, including any form of a water right or water shares, if: (i)public discussion of the transaction would: (A)disclose the appraisal or estimated value of the property under consideration; or (B)prevent the public body from completing the transaction on the best possible terms; (ii)the public body previously gave public notice that the property would be offered for sale; and (iii)the terms of the sale are publicly disclosed before the public body approves the sale; (f)discussion regarding deployment of security personnel, devices, or systems; (g)investigative proceedings regarding allegations of criminal misconduct; (h)as relates to the Independent Legislative Ethics Commission, conducting business relating to the receipt or review of ethics complaints; (i)as relates to an ethics committee of the Legislature, a purpose permitted under Subsection 52-4-204(1)(a)(iii)(C); (j)as relates to the Independent Executive Branch Ethics Commission created in Section 63A-14-202 , conducting business relating to an ethics complaint; (k)as relates to a county legislative body, discussing commercial information as defined in Section 59-1-404; (l)as relates to the Utah Higher Education Savings Board of Trustees and its appointed board of directors, discussing fiduciary or commercial information; (m)deliberations, not including any information gathering activities, of a public body acting in the capacity of: (i)an evaluation committee under Title 63G, Chapter 6a, Utah Procurement Code, during the process of evaluating responses to a solicitation, as defined in Section 63G-6a-103 ; (ii)a protest officer, defined in Section 63G-6a-103, during the process of making a decision on a protest under Title 63G, Chapter 6a, Part 16, Protests; or (iii)a procurement appeals panel under Title 63G, Chapter 6a, Utah Procurement Code, during the process of deciding an appeal under Title 63G, Chapter 6a, Part 17, Procurement Appeals Board; (n)the purpose of considering information that is designated as a trade secret, as defined in Section 13-24-2, if the public body's consideration of the information is necessary to properly conduct a procurement under Title 63G, Chapter 6a, Utah Procurement Code; (o)the purpose of discussing information provided to the public body during the procurement process under Title 63G, Chapter 6a, Utah Procurement Code, if, at the time of the meeting: (i)the information may not, under Title 63G, Chapter 6a, Utah Procurement Code, be disclosed to a member of the public or to a participant in the procurement process; and (ii)the public body needs to review or discuss the information to properly fulfill its role and responsibilities in the procurement process; (p)as relates to the governing board of a governmental nonprofit corporation, as that term is defined in Section 11-13a-102, the purpose of discussing information that is designated as a trade secret, as that term is defined in Section 13-24-2, if: (i)public knowledge of the discussion would reasonably be expected to result in injury to the owner of the trade secret; and (ii)discussion of the information is necessary for the governing board to properly discharge the board's duties and conduct the board's business; (q)as it relates to the Cannabis Production Establishment Licensing Advisory Board, to review confidential information regarding violations and security requirements in relation to the operation of cannabis production establishments; (r)considering a loan application, if public discussion of the loan application would disclose: (i)nonpublic personal financial information; or (ii)a nonpublic trade secret, as defined in Section 13-24-2, or nonpublic business financial information the disclosure of which would reasonably be expected to result in unfair competitive injury to the person submitting the information; (s)a discussion of the board of the Point of the Mountain State Land Authority, created in Section 11-59-201, regarding a potential tenant of point of the mountain state land, as defined in Section 11-59-102; or (t)a purpose for which a meeting is required to be closed under Subsection (2). (2)The following meetings shall be closed: (a)a meeting of the Health and Human Services Interim Committee to review a report described in Subsection 26B-1-506(1)(a), and the responses a response to the report described in Subsections 26B-1-506(2) and (4) Subsection 26B-1-506(2) ; (b)a meeting of the Child Welfare Legislative Oversight Panel to: (i)review a report described in Subsection 26B-1-506(1)(a), and the responses a response to the report described in Subsections 26B-1-506(2) and (4) Subsection 26B-1-506 (2) ; or (ii)review and discuss an individual case, as described in Subsection 36-33-103(2); (c)a meeting of the Opioid and Overdose Fatality Review Committee, created in Section 26B-1-403 , to review and discuss an individual case, as described in Subsection 26B-1-403 (10); (d)a meeting of a conservation district as defined in Section 17D-3-102 for the purpose of advising the Natural Resource Conservation Service of the United States Department of Agriculture on a farm improvement project if the discussed information is protected information under federal law; (e)a meeting of the Compassionate Use Board established in Section 26B-1-421 for the purpose of reviewing petitions for a medical cannabis card in accordance with Section 26B-1-421; (f)a meeting of the Colorado River Authority of Utah if: (i)the purpose of the meeting is to discuss an interstate claim to the use of the water in the Colorado River system; and (ii)failing to close the meeting would: (A)reveal the contents of a record classified as protected under Subsection 63G-2-305 (82); (B)reveal a legal strategy relating to the state's claim to the use of the water in the Colorado River system; (C)harm the ability of the Colorado River Authority of Utah or river commissioner to negotiate the best terms and conditions regarding the use of water in the Colorado River system; or (D)give an advantage to another state or to the federal government in negotiations regarding the use of water in the Colorado River system; (g)a meeting of the General Regulatory Sandbox Program Advisory Committee if: (i)the purpose of the meeting is to discuss an application for participation in the regulatory sandbox as defined in Section 63N-16-102; and (ii)failing to close the meeting would reveal the contents of a record classified as protected under Subsection 63G-2-305(83); (h)a meeting of a project entity if: (i)the purpose of the meeting is to conduct a strategy session to discuss market conditions relevant to a business decision regarding the value of a project entity asset if the terms of the business decision are publicly disclosed before the decision is finalized and a public discussion would: (A)disclose the appraisal or estimated value of the project entity asset under consideration; or (B)prevent the project entity from completing on the best possible terms a contemplated transaction concerning the project entity asset; (ii)the purpose of the meeting is to discuss a record, the disclosure of which could cause commercial injury to, or confer a competitive advantage upon a potential or actual competitor of, the project entity; (iii)the purpose of the meeting is to discuss a business decision, the disclosure of which could cause commercial injury to, or confer a competitive advantage upon a potential or actual competitor of, the project entity; or (iv)failing to close the meeting would prevent the project entity from getting the best price on the market; and (i)a meeting of the School Activity Eligibility Commission, described in Section 53G-6-1003 , if the commission is in effect in accordance with Section 53G-6-1002, to consider, discuss, or determine, in accordance with Section 53G-6-1004, an individual student's eligibility to participate in an interscholastic activity, as that term is defined in Section 53G-6-1001, including the commission's determinative vote on the student's eligibility. (3)In a closed meeting, a public body may not: (a)interview a person applying to fill an elected position; (b)discuss filling a midterm vacancy or temporary absence governed by Title 20A, Chapter 1, Part 5, Candidate Vacancy and Vacancy and Temporary Absence in Elected Office; or (c)discuss the character, professional competence, or physical or mental health of the person whose name was submitted for consideration to fill a midterm vacancy or temporary absence governed by Title 20A, Chapter 1, Part 5, Candidate Vacancy and Vacancy and Temporary Absence in Elected Office.

Section 7, Section 63G-2-202 is amended to read: 63G-2-202. Access to private, controlled, and protected documents. (1)Except as provided in Subsection (11)(a), a governmental entity: (a)shall, upon request, disclose a private record to: (i)the subject of the record; (ii)the parent or legal guardian of an unemancipated minor who is the subject of the record; (iii)the legal guardian of a legally incapacitated individual who is the subject of the record; (iv)any other individual who: (A)has a power of attorney from the subject of the record; (B)submits a notarized release from the subject of the record or the individual's legal representative dated no more than 90 days before the date the request is made; or (C)if the record is a medical record described in Subsection 63G-2-302(1)(b), is a health care provider, as defined in Section 26B-8-501, if releasing the record or information in the record is consistent with normal professional practice and medical ethics; or (v)any person to whom the record must be provided pursuant to: (A)court order as provided in Subsection (7); or (B)a legislative subpoena as provided in Title 36, Chapter 14, Legislative Subpoena Powers; and (b)may disclose a private record described in Subsections 63G-2-302(1)(j) through (m), without complying with Section 63G-2-206, to another governmental entity for a purpose related to: (i)voter registration; or (ii)the administration of an election. (2) (a)Upon request, a governmental entity shall disclose a controlled record to: (i)a physician, physician assistant, psychologist, certified social worker, insurance provider or producer, or a government public health agency upon submission of: (A)a release from the subject of the record that is dated no more than 90 days prior to the date the request is made; and (B)a signed acknowledgment of the terms of disclosure of controlled information as provided by Subsection (2)(b); and (ii)any person to whom the record must be disclosed pursuant to: (A)a court order as provided in Subsection (7); or (B)a legislative subpoena as provided in Title 36, Chapter 14, Legislative Subpoena Powers. (b)A person who receives a record from a governmental entity in accordance with Subsection (2)(a)(i) may not disclose controlled information from that record to any person, including the subject of the record. (3)If there is more than one subject of a private or controlled record, the portion of the record that pertains to another subject shall be segregated from the portion that the requester is entitled to inspect. (4)Upon request, and except as provided in Subsection (11)(b), a governmental entity shall disclose a protected record to: (a)the person that submitted the record; (b)any other individual who: (i)has a power of attorney from all persons, governmental entities, or political subdivisions whose interests were sought to be protected by the protected classification; or (ii)submits a notarized release from all persons, governmental entities, or political subdivisions whose interests were sought to be protected by the protected classification or from their legal representatives dated no more than 90 days prior to the date the request is made; (c)any person to whom the record must be provided pursuant to: (i)a court order as provided in Subsection (7); or (ii)a legislative subpoena as provided in Title 36, Chapter 14, Legislative Subpoena Powers; or (d)the owner of a mobile home park, subject to the conditions of Subsection 41-1a-116 (5). (5)Except as provided in Subsection (1)(b), a governmental entity may disclose a private, controlled, or protected record to another governmental entity, political subdivision, state, the United States, or a foreign government only as provided by Section 63G-2-206. (6)Before releasing a private, controlled, or protected record, the governmental entity shall obtain evidence of the requester's identity. (7)A governmental entity shall disclose a record pursuant to the terms of a court order signed by a judge from a court of competent jurisdiction, provided that: (a)the record deals with a matter in controversy over which the court has jurisdiction; (b)the court has considered the merits of the request for access to the record; (c)the court has considered and, where appropriate, limited the requester's use and further disclosure of the record in order to protect: (i)privacy interests in the case of private or controlled records; (ii)business confidentiality interests in the case of records protected under Subsection 63G-2-305(1), (2), (40)(a)(ii), or (40)(a)(vi); and (iii)privacy interests or the public interest in the case of other protected records; (d)to the extent the record is properly classified private, controlled, or protected, the interests favoring access, considering limitations thereon, are greater than or equal to the interests favoring restriction of access; and (e)where access is restricted by a rule, statute, or regulation referred to in Subsection 63G-2-201 (3)(b), the court has authority independent of this chapter to order disclosure. (8) (a)Except as provided in Subsection (8)(d), a governmental entity may disclose or authorize disclosure of private or controlled records for research purposes if the governmental entity: (i)determines that the research purpose cannot reasonably be accomplished without use or disclosure of the information to the researcher in individually identifiable form; (ii)determines that: (A)the proposed research is bona fide; and (B)the value of the research is greater than or equal to the infringement upon personal privacy; (iii) (A)requires the researcher to assure the integrity, confidentiality, and security of the records; and (B)requires the removal or destruction of the individual identifiers associated with the records as soon as the purpose of the research project has been accomplished; (iv)prohibits the researcher from: (A)disclosing the record in individually identifiable form, except as provided in Subsection (8)(b); or (B)using the record for purposes other than the research approved by the governmental entity; and (v)secures from the researcher a written statement of the researcher's understanding of and agreement to the conditions of this Subsection (8) and the researcher's understanding that violation of the terms of this Subsection (8) may subject the researcher to criminal prosecution under Section 63G-2-801. (b)A researcher may disclose a record in individually identifiable form if the record is disclosed for the purpose of auditing or evaluating the research program and no subsequent use or disclosure of the record in individually identifiable form will be made by the auditor or evaluator except as provided by this section. (c)A governmental entity may require indemnification as a condition of permitting research under this Subsection (8). (d)A governmental entity may not disclose or authorize disclosure of a private record for research purposes as described in this Subsection (8) if the private record is a record described in Subsection 63G-2-302(1)(w). (9) (a)Under Subsections 63G-2-201(5)(b) and 63G-2-401(6), a governmental entity may disclose to persons other than those specified in this section records that are: (i)private under Section 63G-2-302; or (ii)protected under Section 63G-2-305, subject to Section 63G-2-309 if a claim for business confidentiality has been made under Section 63G-2-309. (b)Under Subsection 63G-2-403(11)(b), the State Records Committee may require the disclosure to persons other than those specified in this section of records that are: (i)private under Section 63G-2-302; (ii)controlled under Section 63G-2-304; or (iii)protected under Section 63G-2-305, subject to Section 63G-2-309 if a claim for business confidentiality has been made under Section 63G-2-309. (c)Under Subsection 63G-2-404(7), the court may require the disclosure of records that are private under Section 63G-2-302, controlled under Section 63G-2-304, or protected under Section 63G-2-305 to persons other than those specified in this section. (10) (a)A private record described in Subsection 63G-2-302(2)(f) may only be disclosed as provided in Subsection (1)(a)(v). (b)A protected record described in Subsection 63G-2-305(43) may only be disclosed as provided in Subsection (4)(c) or Section 26B-6-212. (11) (a)A private, protected, or controlled record described in Section 26B-1-506 shall be disclosed as required under: (i)Subsections 26B-1-506(1)(b) , and (2) , and (4)(c) ; and (ii)Subsections 26B-1-507(1) and (6). (b)A record disclosed under Subsection (11)(a) shall retain its character as private, protected, or controlled.

Section 8. Effective date. This bill takes effect on May 1, 2024.