(1) 

Terms Used In Utah Code 26-23b-103

  • Bioterrorism: means :
(a) the intentional use of any microorganism, virus, infectious substance, or biological product to cause death, disease, or other biological malfunction in a human, an animal, a plant, or another living organism in order to influence, intimidate, or coerce the conduct of government or a civilian population; and
(b) includes anthrax, botulism, small pox, plague, tularemia, and viral hemorrhagic fevers. See Utah Code 17B-1-303
  • Department: means the Department of Health created in Section 26-1-4 and a local health department as defined in Section 26A-1-102. See Utah Code 17B-1-303
  • Diagnostic information: means a clinical facility's record of individuals who present for treatment, including the reason for the visit, chief complaint, presenting diagnosis, final diagnosis, and any pertinent lab results. See Utah Code 17B-1-303
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Writing: includes :Utah Code 48-2e-1156
  • (a)  A health care provider shall report to the department any case of any person who the provider knows has a confirmed case of, or who the provider believes in his professional judgment is sufficiently likely to harbor any illness or health condition that may be caused by:

    (i)  bioterrorism;

    (ii)  epidemic or pandemic disease; or

    (iii)  novel and highly fatal infectious agents or biological toxins which might pose a substantial risk of a significant number of human fatalities or incidences of permanent or long-term disability.

    (b)  A health care provider shall immediately submit the report required by Subsection (1)(a) within 24 hours of concluding that a report is required under Subsection (1)(a).

    (2) 

    (a)  A report required by this section shall be submitted electronically, verbally, or in writing to the department or appropriate local health department.

    (b)  A report submitted pursuant to Subsection (1) shall include, if known:

    (i)  diagnostic information on the specific illness or health condition that is the subject of the report, and, if transmitted electronically, diagnostic codes assigned to the visit;

    (ii)  the patient’s name, date of birth, sex, race, occupation, and current home and work address and phone number;

    (iii)  the name, address, and phone number of the health care provider; and

    (iv)  the name, address, and phone number of the reporting individual.

    (3)  The department may impose a sanction against a health care provider for failure to make a report required by this section only if the department can show by clear and convincing evidence that a health care provider willfully failed to file a report.

    Enacted by Chapter 155, 2002 General Session