Utah State Legislature

            (1) The committee may not disclose any identifiable health data unless:

            (a) the individual has authorized the disclosure; or

            (b) the disclosure complies with the provisions of this section.

            (2) The committee shall consider the following when responding to a request for disclosure of information that may include identifiable health data:

            (a) whether the request comes from a person after that person has received approval to do the specific research and statistical work from an institutional review board; and

            (b) whether the requesting entity complies with the provisions of Subsection (3).

            (3) A request for disclosure of information that may include identifiable health data shall:

            (a) be for a specified period; or

            (b) be solely for bona fide research and statistical purposes as determined in accordance with administrative rules adopted by the department, which shall require:

            (i) the requesting entity to demonstrate to the department that the data is required for the research and statistical purposes proposed by the requesting entity; and

            (ii) the requesting entity to enter into a written agreement satisfactory to the department to protect the data in accordance with this chapter or other applicable law.

            (4) A person accessing identifiable health data pursuant to Subsection (3) may not further disclose the identifiable health data:

            (a) without prior approval of the department; and

            (b) unless the identifiable health data is disclosed or identified by control number only.

Amended by Chapter 68, 2010 General Session