Confidentiality / Law Related
Government Health Care Information
title. This part may be cited as the "Government Health Care
50-16-602. Definitions. As used in this part, unless the context
requires otherwise, the following definitions apply:
(1) "Department" means
the department of health and environmental sciences provided for in
Title 2, chapter 15, part 21.
(2) "Health care
information" means information, whether oral or recorded in any form or
medium, that identifies or can readily be associated with the identity
of an individual, including one who is deceased, and relates to that
individual's health care or status. The term includes any record of
disclosures of health care information and any information about an
individual received pursuant to state law or rules relating to
communicable disease. The term does not include vital statistics
information gathered under Title 50, chapter 15.
(3) "Local board"
means a county, city, city-county, or district board of health provided
for in Title 50, chapter 2, part 1.
(4) "Local health
officer" means a county, city, city-county, or district health officer
appointed by a local board.
50-16-603. Confidentiality of health care information. Health care
information in the possession of the department, a local board, a local
health officer, or their authorized representatives may not be released
(1) for statistical
purposes, if no identification of individuals can be made from the
(2) when the health
care information pertains to a person who has given written consent to
the release and has specified the type of information to be released and
the person or entity to whom it may be released;
(3) to medical
personnel in a medical emergency as necessary to protect the health,
life, or well-being of the named person;
(4) as allowed by
Title 50, chapters 17 and 18;
(5) to another state
or local public health agency, including those in other states, whenever
necessary to continue health services to the named person or to
undertake public health efforts to prevent or interrupt the transmission
of a communicable disease;
(6) in the case of a
minor, as required by 41-3-201 or pursuant to an investigation under
41-3-202. If the health care information is required in a subsequent
court proceeding involving child abuse, the information may be disclosed
only in camera and documents containing the information must be sealed
by the court upon conclusion of the proceedings.
(7) to medical
personnel, the department, a local health officer or board, or a
district court when necessary to implement or enforce state statutes or
state or local health rules concerning the prevention or control of
diseases designated as reportable pursuant to 50-1-202, if the release
does not conflict with any other provision contained in this part.
50-16-604. Secondary release of health care information.
Information released pursuant to 50-16-603 may not be released by the
person or entity it is released to unless the release conforms to the
requirements of 50-16-603.
50-16-605. Judicial, legislative, and administrative proceedings --
testimony. (1) An officer or employee of the department may not be
examined in a judicial, legislative, administrative, or other proceeding
about the existence or content of records containing individually
identifiable health care information, including the results of
investigations, unless all individuals whose names appear in the records
give written consent to the release of information identifying them.
(2) Subsection (1)
does not apply if the health care information is to be released pursuant
50-16-606. Correlation with Uniform Health Care Information Act.
Health care information in the possession of a local board, local health
officer, or the department because a health care provider employed by
any of these entities provided health care to a patient, either
individually or at a public health center or other publicly owned health
care facility, is subject to the Uniform Health Care Information Act and
not subject to this part.
A person who knowingly violates the provisions of this part is
guilty of a misdemeanor and upon conviction shall be fined not less than
$500 or more than $10,000, be imprisoned in the county jail not less
than 3 months or more than 1 year, or both.