(1) 

Terms Used In Utah Code 26-23b-103

  • 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 26-23b-102
  • 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.
  • Person: means :Utah Code 68-3-12.5
  • Writing: includes :Utah Code 68-3-12.5
(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