26B-7-308.  Medical records — Privacy protections.

(1) 

Terms Used In Utah Code 26B-7-308

  • Health care provider: means the same as that term is defined in Section 78B-3-403. See Utah Code 26B-7-301
  • Order of restriction: means an order issued by a department or a district court which requires an individual or group of individuals who are subject to restriction to submit to an examination, treatment, isolation, or quarantine. See Utah Code 26B-7-301
  • Public health official: means :
(a) the executive director or the executive director's authorized representative; or
(b) the executive director of a local health department or the executive director's authorized representative. See Utah Code 26B-7-301
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • (a)  Health care providers as defined in Section 78B-3-403, health care facilities licensed under 2, and governmental entities, shall, when requested, provide the public health official and the individual subject to an order of restriction, a copy of medical records that are relevant to the order of restriction.

    (b)  The records requested under Subsection (1)(a) shall be provided as soon as reasonably possible after the request is submitted to the health care provider or health care facility, or as soon as reasonably possible after the health care provider or facility receives the results of any relevant diagnostic testing of the individual.

    (2) 

    (a)  The production of records under the provisions of this section is for the benefit of the public health and safety of the citizens of the state. A health care provider or facility is encouraged to provide copies of medical records or other records necessary to carry out the purpose of Sections 26B-7-304 through 26B-7-314 free of charge.

    (b)  Notwithstanding the provisions of Subsection (2)(c), a health care facility that is a state governmental entity shall provide medical records or other records necessary to carry out the purposes of Sections 26B-7-304 through 26B-7-314, free of charge.

    (c)  If a health care provider or health care facility does not provide medical records free of charge under the provisions of Subsection (2)(a) or (b), the health care provider or facility may charge a fee for the records that does not exceed the presumed reasonable charges established for workers’ compensation by administrative rule adopted by the Labor Commission.

    (3)  Medical records held by a court related to orders of restriction under Sections 26B-7-304 through 26B-7-314 shall be sealed by the court at the conclusion of the case.

    Renumbered and Amended by Chapter 308, 2023 General Session