26-33a-109 - Exceptions to prohibition on disclosure of identifiable health data.
26-33a-109. Exceptions to prohibition on disclosure of identifiable health data.
(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 fordisclosure of information that may include identifiable health data:
(a) whether the request comes from a person after that person has received approval to dothe 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 accordancewith administrative rules adopted by the department, which shall require:
(i) the requesting entity to demonstrate to the department that the data is required for theresearch and statistical purposes proposed by the requesting entity; and
(ii) the requesting entity to enter into a written agreement satisfactory to the departmentto 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 furtherdisclose 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