26-23b-104 - Authorization to report.
26-23b-104. Authorization to report.
(1) A health care provider is authorized to report to the department any case of areportable emergency illness or health condition in any person when:
(a) the health care provider knows of a confirmed case; or
(b) the health care provider believes, based on his professional judgment that a personlikely harbors a reportable emergency illness or health condition.
(2) A report pursuant to this section shall include, if known:
(a) the name of the facility submitting the report;
(b) a patient identifier that allows linkage with the patient's record for follow-upinvestigation if needed;
(c) the date and time of visit;
(d) the patient's age and sex;
(e) the zip code of the patient's residence;
(f) the reportable illness or condition detected or suspected;
(g) diagnostic information and, if available, diagnostic codes assigned to the visit; and
(h) whether the patient was admitted to the hospital.
(3) (a) If the department determines that a public health emergency exists, the departmentmay, with the concurrence of the governor and the executive director or in the absence of theexecutive director, his designee, issue a public health emergency order and mandate reportingunder this section for a limited reasonable period of time, as necessary to respond to the publichealth emergency.
(b) The department may not mandate reporting under this subsection for more than 90days. If more than 90 days is needed to abate the public health emergency declared underSubsection (3)(a), the department must obtain the concurrence of the governor to extend theperiod of time beyond 90 days.
(4) (a) Unless the provisions of Subsection (3) apply, a health care provider is not subjectto penalties for failing to submit a report under this section.
(b) If the provisions of Subsection (3) apply, a health care provider is subject to thepenalties of Subsection 26-23b-103(3) for failure to make a report under this section.
Enacted by Chapter 155, 2002 General Session