Utah Code 63G-2-304. Controlled records

A record is controlled if:

(1)	the record contains medical, psychiatric, or psychological data about an individual;

Terms Used In Utah Code 63G-2-304

Governmental entity: means :

(i)

executive department agencies of the state, the offices of the governor, lieutenant governor, state auditor, attorney general, and state treasurer, the Board of Pardons and Parole, the Board of Examiners, the National Guard, the Career Service Review Office, the State Board of Education, the Utah Board of Higher Education, and the State Archives;

(ii)	the Office of the Legislative Auditor General, Office of the Legislative Fiscal Analyst, Office of Legislative Research and General Counsel, the Legislature, and legislative committees, except any political party, group, caucus, or rules or sifting committee of the Legislature;

(iii)

courts, the Judicial Council, the Administrative Office of the Courts, and similar administrative units in the judicial branch;

(iv)	any state-funded institution of higher education or public education; or

(v)

any political subdivision of the state, but, if a political subdivision has adopted an ordinance or a policy relating to information practices pursuant to Section 63G-2-701, this chapter shall apply to the political subdivision to the extent specified in Section 63G-2-701 or as specified in any other section of this chapter that specifically refers to political subdivisions. See Utah Code 63G-2-103

Individual: means a human being. See Utah Code 63G-2-103

Record: means a book, letter, document, paper, map, plan, photograph, film, card, tape, recording, electronic data, or other documentary material regardless of physical form or characteristics:

(i)	that is prepared, owned, received, or retained by a governmental entity or political subdivision; and

(ii)

where all of the information in the original is reproducible by photocopy or other mechanical or electronic means. See Utah Code 63G-2-103

(2)

the governmental entity reasonably believes that:

(a)	releasing the information in the record to the subject of the record would be detrimental to the subject’s mental health or to the safety of any individual; or

(b)	releasing the information would constitute a violation of normal professional practice and medical ethics; and

(3)	the governmental entity has properly classified the record.

Renumbered and Amended by Chapter 382, 2008 General Session

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