26-33a-109 - Exceptions to prohibition on disclosure of identifiable health data.
               	 		 26-33a-109.    Exceptions to prohibition on disclosure of identifiable health data.
      (1)  The committee may not disclose any identifiable health data unless:
      (a)  the individual has authorized the disclosure; or
      (b)  the disclosure complies with the provisions of this section.
      (2)  The committee shall consider the following when responding to a request fordisclosure of information that may include identifiable health data:
      (a)  whether the request comes from a person after that person has received approval to dothe specific research and statistical work from an institutional review board; and
      (b)  whether the requesting entity complies with the provisions of Subsection (3).
      (3)  A request for disclosure of information that may include identifiable health data shall:
      (a)  be for a specified period; or
      (b)  be solely for bona fide research and statistical purposes as determined in accordancewith administrative rules adopted by the department, which shall require:
      (i)  the requesting entity to demonstrate to the department that the data is required for theresearch and statistical purposes proposed by the requesting entity; and
      (ii)  the requesting entity to enter into a written agreement satisfactory to the departmentto protect the data in accordance with this chapter or other applicable law.
      (4)  A person accessing identifiable health data pursuant to Subsection (3) may not furtherdisclose the identifiable health data:
      (a)  without prior approval of the department; and
      (b)  unless the identifiable health data is disclosed or identified by control number only.
Amended by Chapter 68, 2010 General Session