Utah Code 26B-8-408. Health data not subject to subpoena or compulsory process — Exception
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Terms Used In Utah Code 26B-8-408
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Health data: means any information, except vital records as defined in Section 26B-8-101, relating to the health status of individuals, the availability of health resources and services, and the use and cost of these resources and services. See Utah Code 26B-8-401
- Identifiable health data: means any item, collection, or grouping of health data which makes the individual supplying it or described in it identifiable. See Utah Code 26B-8-401
- Individual: means a natural person. See Utah Code 26B-8-401
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Organization: means any corporation, association, partnership, agency, department, unit, or other legally constituted institution or entity, or part of any of these. See Utah Code 26B-8-401
- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
- Subpoena: A command to a witness to appear and give testimony.
26B-8-408. Health data not subject to subpoena or compulsory process — Exception.
Identifiable health data obtained in the course of activities undertaken or supported under this part may not be subject to discovery, subpoena, or similar compulsory process in any civil or criminal, judicial, administrative, or legislative proceeding, nor shall any individual or organization with lawful access to identifiable health data under the provisions of this part be compelled to testify with regard to such health data, except that data pertaining to a party in litigation may be subject to subpoena or similar compulsory process in an action brought by or on behalf of such individual to enforce any liability arising under this part.
Identifiable health data obtained in the course of activities undertaken or supported under this part may not be subject to discovery, subpoena, or similar compulsory process in any civil or criminal, judicial, administrative, or legislative proceeding, nor shall any individual or organization with lawful access to identifiable health data under the provisions of this part be compelled to testify with regard to such health data, except that data pertaining to a party in litigation may be subject to subpoena or similar compulsory process in an action brought by or on behalf of such individual to enforce any liability arising under this part.
Renumbered and Amended by Chapter 306, 2023 General Session