58-37f-302. Other restrictions on access to database.
| (1) |
A person who is a relative of a deceased individual is not entitled to access information from the database relating to the deceased individual based on the fact or claim that the person is:
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Terms Used In Utah Code 58-37f-302- Database: means the controlled substance database created in Section 58-37f-201. See Utah Code 58-37f-102
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Person: means :Utah Code 68-3-12.5
- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
- 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
- Subpoena: A command to a witness to appear and give testimony.
- Writing: includes :Utah Code 68-3-12.5
| (a) |
related to the deceased individual; or |
| (b) |
subrogated to the rights of the deceased individual. |
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| (2) |
Except as provided in Subsections (3) and (4), data provided to, maintained in, or accessed from the database that may be identified to, or with, a particular person is not subject to discovery, subpoena, or similar compulsory process in a civil, judicial, administrative, or legislative proceeding, nor shall an individual or organization with lawful access to the data be compelled to testify with regard to the data. |
| (3) |
The restrictions described in Subsection (2) do not apply to a civil, judicial, or administrative action brought:
| (a) |
to enforce the provisions of this chapter; or |
| (b) |
against a managed care organization, as defined in 42 C.F.R. § 438.2, if:
| (i) |
the action is related to Medicaid coverage; |
| (ii) |
the managed care organization has entered into a written agreement with the Department of Health as described in Subsection 58-37f-301(2)(g); and |
| (iii) |
the division and the Department of Health agree in writing not to apply the restrictions described in Subsection (2). |
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| (4) |
| (a) |
Subject to the requirements of this Subsection (4), in a state criminal proceeding a court may:
| (i) |
order the release of information contained in the database if the court determines good cause has been shown in accordance with Rule 16, Utah Rules of Criminal Procedure; and |
| (ii) |
at any time order that information released under this Subsection (4) be restricted, limited, or restrained from further dissemination as the court determines is appropriate. |
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| (b) |
Upon the motion of a defendant, a court may only issue an order compelling the production of database information under this Subsection (4) that pertains to a victim if the court finds upon notice as provided in Subsection (4)(c), and after a hearing, that the defendant is entitled to production of the information under applicable state and federal law. |
| (c) |
A motion by a defendant for database information pertaining to a victim shall be served by the defendant on:
| (i) |
the prosecutor and on counsel for the victim or victim’s representative; or |
| (ii) |
the prosecutor if the victim is unrepresented by counsel. |
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| (d) |
Upon a defendant’s motion for database information pertaining to a victim, if the court determines that good cause exists to order release of database information pertaining to the victim, the court shall conduct an in camera review of the database information and may only disclose to the defense and prosecution those portions of database information that are relevant to the state criminal proceeding. |
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Amended by Chapter 104, 2021 General Session
