Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 5011 (2020S5)

Sponsor

Sen. Bramble, C.

Final action

Governor Signed 7/7/2020

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• allows the Department of Health and local health departments to share certain data regarding COVID-19 patients with state agencies for analysis;
• enacts provisions relating to COVID-19 testing of certain individuals at care facilities; and
• requires the Department of Health to collect and publish information relating to risk factors for COVID-19.

Every vote on this bill

Bill text

HIGH RISK POPULATION PROTECTION AMENDMENTS
FIFTH SPECIAL SESSION
STATE OF UTAH
Chief Sponsor: Curtis S. Bramble
House Sponsor: 
Mike Schultz
LONG TITLE
General Description:
This bill enacts provisions related to testing and the collection and use of data relating
to populations at high risk for COVID-19.
Highlighted Provisions:
This bill:
▸ allows the Department of Health and local health departments to share certain data
regarding COVID-19 patients with state agencies for analysis;
▸ enacts provisions relating to COVID-19 testing of certain individuals at care
facilities; and
▸ requires the Department of Health to collect and publish information relating to risk
factors for COVID-19.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
26-6-27
, as last amended by Laws of Utah 2012, Chapters 150 and 391
ENACTS:
26-6-32
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
26-6-27
 is amended to read:
26-6-27.
Information regarding communicable or reportable diseases
confidentiality -- Exceptions.
(1) Information collected pursuant to this chapter in the possession of the department
or local health departments relating to an individual who has or is suspected of having a disease
designated by the department as a communicable or reportable disease under this chapter shall
be held by the department and local health departments as strictly confidential. The department
and local health departments may not release or make public that information upon subpoena,
search warrant, discovery proceedings, or otherwise, except as provided by this section.
(2) The information described in Subsection (1) may be released by the department or
local health departments only in accordance with the requirements of this chapter and as
follows:
(a) specific medical or epidemiological information may be released with the written
consent of the individual identified in that information or, if that individual is deceased, his
next-of-kin;
(b) specific medical or epidemiological information may be released to medical
personnel or peace officers in a medical emergency, as determined by the department in
accordance with guidelines it has established, only to the extent necessary to protect the health
or life of the individual identified in the information, or of the attending medical personnel or
law enforcement or public safety officers;
(c) specific medical or epidemiological information may be released to authorized
personnel within the department, local health departments, public health authorities, official
health agencies in other states, the United States Public Health Service, the Centers for Disease
Control and Prevention (CDC), or when necessary to continue patient services or to undertake
public health efforts to interrupt the transmission of disease;
(d) if the individual identified in the information is under the age of 18, the information
may be released to the Division of Child and Family Services within the Department of Human
Services in accordance with Section 
62A-4a-403
. If that information is required in a court
proceeding involving child abuse or sexual abuse under Title 76, Chapter 5, Offenses Against
the Person, the information shall be disclosed in camera and sealed by the court upon
conclusion of the proceedings;
(e) specific medical or epidemiological information may be released to authorized
personnel in the department or in local health departments, and to the courts, to carry out the
provisions of this title, and rules adopted by the department in accordance with this title;
(f) specific medical or epidemiological information may be released to blood banks,
organ and tissue banks, and similar institutions for the purpose of identifying individuals with
communicable diseases. The department may, by rule, designate the diseases about which
information may be disclosed under this subsection, and may choose to release the name of an
infected individual to those organizations without disclosing the specific disease;
(g) specific medical or epidemiological information may be released in such a way that
no individual is identifiable;
(h) specific medical or epidemiological information may be released to a "health care
provider" as defined in Section 
78B-3-403
, health care personnel, and public health personnel
who have a legitimate need to have access to the information in order to assist the patient, or to
protect the health of others closely associated with the patient;
(i) specific medical or epidemiological information regarding a health care provider, as
defined in Section 
78B-3-403
, may be released to the department, the appropriate local health
department, and the Division of Occupational and Professional Licensing within the
Department of Commerce, if the identified health care provider is endangering the safety or life
of any individual by his continued practice of health care; [
and
]
(j) specific medical or epidemiological information may be released in accordance with
Section 
26-6-31
 if an individual is not identifiable[
.
]
; and
(k) specific medical or epidemiological information may be released to a state agency
as defined in Section 
67-25-102
, to perform the analysis described in Subsection 
26-6-32
(4) if
the state agency agrees to act in accordance with the requirements in this chapter.
(3) The provisions of Subsection (2)(h) do not create a duty to warn third parties, but is
intended only to aid health care providers in their treatment and containment of infectious
disease.
Section 2. Section 
26-6-32
 is enacted to read:
 26-6-32.
Testing for COVID-19 for high-risk individuals at care facilities --
Collection and release of information regarding risk factors and comorbidities for
COVID-19.
(1) As used in this section:
(a) "Care facility" means a facility described in Subsections 
26-6-6
(2) through (6).
(b) "COVID-19" means the same as that term is defined in Section 
78B-4-517
.
(2) (a) At the request of the department or a local health department, an individual who
meets the criteria established by the department under Subsection (2)(b) shall submit to testing
for COVID-19.
(b) The department:
(i) shall establish protocols to identify and test individuals who are present at a care
facility and are at high risk for contracting COVID-19;
(ii) may establish criteria to identify care facilities where individuals are at high risk for
COVID-19; and
(iii) may establish who is responsible for the costs of the testing.
(c) (i) The protocols described in Subsection (2)(b)(i) shall:
(A) notwithstanding Subsection (2)(a), permit an individual who is a resident of a care
facility to refuse testing; and
(B) specify criteria for when an individual's refusal to submit to testing under
Subsection (2)(c)(i)(A) endangers the health or safety of other individuals at the care facility.
(ii) Notwithstanding any other provision of state law, a care facility may discharge a
resident who declines testing requested by the department under Subsection (2)(a) if:
(A) under the criteria specified by the department under Subsection (2)(c)(i)(B), the
resident's refusal to submit to testing endangers the health or safety of other individuals at the
care facility; and
(B) discharging the resident does not violate federal law.
(3) The department may establish protocols to collect information regarding the
individual's age and relevant comorbidities from an individual who receives a positive test
result for COVID-19.
(4) (a) The department shall publish deidentified information regarding comorbidities
and other risk factors for COVID-19 in a manner that is accessible to the public.
(b) The department may work with a state agency as defined in Section 
67-25-102
, to
perform the analysis or publish the information described in Subsection (4)(a).
Section 3. 
Effective date.
If approved by two-thirds of all the members elected to each house, this bill takes effect
upon approval by the governor, or the day following the constitutional time limit of Utah
Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
the date of veto override.