Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 70 First Substitute (2024GS)

Sponsor

Rep. Watkins, C.

Final action

Governor Signed 3/14/2024

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• amends definitions;
• consolidates and streamlines certain notice requirements in the fatality review process;
• updates language to reflect the electronic storage of certain records;
• amends certain deadlines related to the fatality review process; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

This document includes House Floor Amendments incorporated into the bill on Mon, Jan 22, 2024 at 12:00 PM by housengrossing.
FATALITY REVIEW AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Christine F. Watkins
Senate Sponsor: 
Michael S. Kennedy
LONG TITLE
Committee Note:
The Health and Human Services Interim Committee recommended this bill.
Legislative Vote: 16 voting for 0 voting against 3 absent
General Description:
This bill amends provisions relating to fatality reviews.
Highlighted Provisions:
This bill:
▸ amends definitions;
▸ consolidates and streamlines certain notice requirements in the fatality review
process;
▸ updates language to reflect the electronic storage of certain records;
▸ amends certain deadlines related to the fatality review process; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
26B-1-501
, as renumbered and amended by Laws of Utah 2023, Chapter 305
26B-1-502
, as renumbered and amended by Laws of Utah 2023, Chapter 305
26B-1-505
, as renumbered and amended by Laws of Utah 2023, Chapter 305
26B-1-506
, as renumbered and amended by Laws of Utah 2023, Chapter 305
26B-1-507
, as renumbered and amended by Laws of Utah 2023, Chapter 305
52-4-205
, as last amended by Laws of Utah 2023, Chapters 263, 328, 374, and 521
63G-2-202
, as last amended by Laws of Utah 2023, Chapter 329
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
26B-1-501
 is amended to read:
26B-1-501.
Definitions.
As used in this part:
(1) "Abuse" means the same as that term is defined in Section 
80-1-102
.
(2) "Child" means the same as that term is defined in Section 
80-1-102
.
(3) "Committee" means a fatality review committee that is formed under Section
26B-1-503
 or 
26B-1-504
.
(4) "Dependency" means the same as that term is defined in Section 
80-1-102
.
(5) "Formal review" means a review of a death or a near fatality that is ordered under
Subsection [
26B-1-502
(6)
] 
26B-1-502
(5)
.
(6) "Near fatality" means alleged abuse or neglect that, as certified by a physician,
places a child in serious or critical condition.
(7) "Qualified individual" means an individual who:
(a) at the time that the individual dies, is a resident of a facility or program that is
owned or operated by the department or a division of the department;
(b) (i) is in the custody of the department or a division of the department; and
(ii) is placed in a residential placement by the department or a division of the
department;
(c) at the time that the individual dies, has an open case for the receipt of child welfare
services, including:
(i) an investigation for abuse, neglect, or dependency;
(ii) foster care;
(iii) in-home services; or
(iv) substitute care;
(d) had an open case for the receipt of child welfare services within one year before the
day on which the individual dies;
(e) was the subject of an accepted referral received by Adult Protective Services within
one year before the day on which the individual dies, if:
(i) the department or a division of the department is aware of the death; and
(ii) the death is reported as a homicide, suicide, or an undetermined cause;
(f) received services from, or under the direction of, the Division of Services for People
with Disabilities within one year before the day on which the individual dies[
, unless the
individual:
]
;
[
(i) lived in the individual's home at the time of death; and
]
[
(ii) the director of the Division of Continuous Quality and Improvement determines
that the death was not in any way related to services that were provided by, or under the
direction of, the department or a division of the department;
]
(g) dies within 60 days after the day on which the individual is discharged from the
Utah State Hospital, if the department is aware of the death;
(h) is a child who:
(i) suffers a near fatality; and
(ii) is the subject of an open case for the receipt of child welfare services within one
year before the day on which the child suffered the near fatality, including:
(A) an investigation for abuse, neglect, or dependency;
(B) foster care;
(C) in-home services; or
(D) substitute care; or
(i) is designated as a qualified individual by the executive director.
(8) "Neglect" means the same as that term is defined in Section 
80-1-102
.
(9) "Substitute care" means the same as that term is defined in Section 
80-1-102
.
Section 2. Section 
26B-1-502
 is amended to read:
26B-1-502.
Initial review.
(1) Within seven days after the day on which the department knows that a qualified
individual has died or is an individual described in Subsection 
26B-1-501
(7)(h), a person
designated by the department shall:
(a) (i) for a death, complete a deceased client report form, created by the department; or
(ii) for an individual described in Subsection 
26B-1-501
(7)(h), complete a near fatality
client report form, created by the department; and
(b) forward the completed client report form to
:
(i)
 the director of the office or division that has jurisdiction over the region or
facility[
.
]
;
(ii) the executive director;
(iii) the director of the Division of Continuous Quality and Improvement; and
(iv) the fatality review coordinator, or the fatality review coordinator's designee.
[
(2) The director of the office or division described in Subsection (1) shall, upon
receipt of a near fatality client report form or a deceased client report form, immediately
provide a copy of the form to:
]
[
(a) the executive director; and
]
[
(b) the fatality review coordinator or the fatality review coordinator's designee.
]
[
(3)
] 
(2)
 Within 10 days after the day on which the fatality review coordinator or the
fatality review coordinator's designee receives a copy of the near fatality client report form or
the deceased client report form, the fatality review coordinator or the fatality review
coordinator's designee shall request a copy of all relevant department case records
, or electronic
access to all relevant department case records,
 regarding the individual who is the subject of
the client report form.
[
(4)
] 
(3)
 Each person who receives a request for a record described in Subsection [
(3)
]
(2)
 shall provide a copy of the record
, or electronic access to the record,
 to the fatality review
coordinator or the fatality review coordinator's designee, by a secure method, within seven days
after the day on which the request is made.
[
(5)
] 
(4)
 Within 30 days after the day on which the fatality review coordinator or the
fatality review coordinator's designee receives the case records requested under Subsection
[
(3)
] 
(2)
, the fatality review coordinator, or the fatality review coordinator's designee, shall:
(a) review the client report form, the case files, and other relevant information received
by the fatality review coordinator; and
(b) make a recommendation to the director of the Division of Continuous Quality and
Improvement regarding whether a formal review of the death or near fatality should be
conducted.
[
(6)
] 
(5)
 (a) In accordance with Subsection [
(6)(b)
] 
(5)(b)
, within [
seven
] 
 days after
the day on which the fatality review coordinator or the fatality review coordinator's designee
makes the recommendation described in Subsection [
(5)(b)
] 
(4)(b)
, the director of the Division
of Continuous Quality and Improvement or the director's designee shall determine whether to
order that a review of the death or near fatality be conducted.
(b) The director of the Division of Continuous Quality and Improvement or the
director's designee shall order that a formal review of the death or near fatality be conducted if:
(i) at the time of the near fatality or the death, the qualified individual is:
(A) an individual described in 
Ĥ→ [
Subsection
] ←Ĥ
 [
26B-1-501
(6)(a) or (b)
] 
Subsections
26B-1-501
(7)(a) through (h)
, unless:
(I) the near fatality or the death is due to a natural cause; or
(II) the director of the Division of Continuous Quality and Improvement or the
director's designee determines that the near fatality or the death was not in any way related to
services that were provided by, or under the direction of, the department or a division of the
department; or
(B) a child in foster care or substitute care, unless the near fatality or the death is due
to:
(I) a natural cause; or
(II) an accident;
(ii) it appears, based on the information provided to the director of the Division of
Continuous Quality and Improvement or the director's designee, that:
(A) a provision of law, rule, policy, or procedure relating to the qualified individual or
the individual's family may not have been complied with;
(B) the near fatality or the fatality was not responded to properly;
(C) a law, rule, policy, or procedure may need to be changed; or
(D) additional training is needed;
(iii) (A) the death is caused by suicide; or
(B) the near fatality is caused by attempted suicide; or
(iv) the director of the Division of Continuous Quality and Improvement or the
director's designee determines that another reason exists to order that a review of the near
fatality or the death be conducted.
Section 3. Section 
26B-1-505
 is amended to read:
26B-1-505.
Fatality review committee proceedings.
(1) A majority vote of committee members present constitutes the action of the
committee.
(2) The department shall give the committee access to all reports, records, and other
documents that are relevant to the near fatality or the death under investigation, including:
(a) narrative reports;
(b) case files;
(c) autopsy reports; and
(d) police reports, unless the report is protected from disclosure under Subsection
63G-2-305
(10) or (11).
(3) The Utah State Hospital and the Utah State Developmental Center shall provide
protected health information to the committee if requested by a fatality review coordinator.
(4) A committee shall convene [
its first meeting within 14 days after the day on which
a formal review is ordered
] 
monthly
, unless this time is extended, for good cause, by the
director of the Division of Continuous Quality and Improvement.
(5) A committee may interview a staff member, a provider, or any other person who
may have knowledge or expertise that is relevant to the formal review.
(6) A committee shall render an advisory opinion regarding:
(a) whether the provisions of law, rule, policy, and procedure relating to the qualified
individual and the individual's family were complied with;
(b) whether the near fatality or the death was responded to properly;
(c) whether to recommend that a law, rule, policy, or procedure be changed; and
(d) whether additional training is needed.
Section 4. Section 
26B-1-506
 is amended to read:
26B-1-506.
Fatality review committee report -- Response to report.
(1) Within 20 days after the day on which the committee proceedings described in
Section 
26B-1-505
 end, the committee shall submit:
(a) a written report to the executive director that includes:
(i) the advisory opinions made under Subsection 
26B-1-505
(6); and
(ii) any recommendations regarding action that should be taken in relation to an
employee of the department or a person who contracts with the department; 
and
(b) a copy of the report described in Subsection (1)(a) to:
(i) the director, or the director's designee, of the office or division to which the near
fatality or the death relates; and
(ii) the regional director, or the regional director's designee, of the region to which the
near fatality or the death relates[
; and
]
.
[
(c) a copy of the report described in Subsection (1)(a), with only identifying
information redacted, to the Office of Legislative Research and General Counsel.
]
(2) Within [
] 
 days after the day on which the director described in Subsection
(1)(b)(i) receives a copy of the report described in Subsection (1)(a), the [
director
] 
department
shall provide a written response [
to the director of the Division of Continuous Quality and
Improvement and a copy of the response
], with only identifying information redacted, to the
Office of Legislative Research and General Counsel, if the report:
(a) indicates that a law, rule, policy, or procedure was not complied with;
(b) indicates that the near fatality or the death was not responded to properly;
(c) recommends that a law, rule, policy, or procedure be changed; or
(d) indicates that additional training is needed.
(3) The response described in Subsection (2) shall include
:
(a)
 a plan of action to implement any recommended improvements within the [
office or
division
] 
department; and
(b) the approval of the executive director or the executive director's designee for the
plan described in Subsection (3)(a)
.
[
(4) Within 30 days after the day on which the executive director receives the response
described in Subsection (2), the executive director, or the executive director's designee shall:
]
[
(a) review the plan of action described in Subsection (3);
]
[
(b) make any written response that the executive director or the executive director's
designee determines is necessary;
]
[
(c) provide a copy of the written response described in Subsection (4)(b), with only
identifying information redacted, to the Office of Legislative Research and General Counsel;
and
]
[
(d) provide an unredacted copy of the response described in Subsection (4)(b) to the
director of the Division of Continuous Quality and Improvement.
]
[
(5)
] 
(4)
 A report described in Subsection (1) and [
each
] 
the
 response described in [
this
section
] 
Subsection (2)
 is a protected record.
[
(6)
] 
(5)
 (a) As used in this Subsection [
(6)
] 
(5)
, "fatality review document" means any
document created in connection with, or as a result of, a formal review of a near fatality or a
death, or a decision whether to conduct a formal review of a near fatality or a death, including:
(i) a report described in Subsection (1);
(ii) a response described in [
this section
] 
Subsection (2)
;
(iii) a recommendation regarding whether a formal review should be conducted;
(iv) a decision to conduct a formal review;
(v) notes of a person who participates in a formal review;
(vi) notes of a person who reviews a formal review report;
(vii) minutes of a formal review;
(viii) minutes of a meeting where a formal review report is reviewed; and
(ix) minutes of, documents received in relation to, and documents generated in relation
to, the portion of a meeting of the Health and Human Services Interim Committee or the Child
Welfare Legislative Oversight Panel that a formal review report or a document described in this
Subsection [
(6)(a)
] 
(5)(a)
 is reviewed or discussed.
(b) A fatality review document is not subject to discovery, subpoena, or similar
compulsory process in any civil, judicial, or administrative proceeding, nor shall any individual
or organization with lawful access to the data be compelled to testify with regard to a report
described in Subsection (1) or a response described in [
this section
] 
Subsection (2)
.
(c) The following are not admissible as evidence in a civil, judicial, or administrative
proceeding:
(i) a fatality review document; and
(ii) an executive summary described in Subsection 
26B-1-507
(4).
Section 5. Section 
26B-1-507
 is amended to read:
26B-1-507.
Reporting to, and review by, legislative committees.
(1) [
The Office of Legislative Research and General Counsel
] 
On or before September
of each year, the department
 shall provide
, with only identifying information redacted,
 a copy
of the report described in Subsection [
26B-1-506
(1)(c)
] 
26B-1-506
(1)(b)
, and the [
responses
]
response
 described in [
Subsections 
26B-1-506
(2) and (4)(c)
] 
Subsection 
26B-1-506
(2)
 to 
the
Office of Legislative Research and General Counsel and
 the chairs of:
(a) the Health and Human Services Interim Committee; or
(b) if the qualified individual who is the subject of the report is an individual described
in Subsection 
26B-1-501
(7)(c), (d), or (h), the Child Welfare Legislative Oversight Panel.
(2) (a) The Health and Human Services Interim Committee may, in a closed meeting,
review a report described in Subsection 
26B-1-506
(1)(b).
(b) The Child Welfare Legislative Oversight Panel shall, in a closed meeting, review a
report described in Subsection (1)(b).
(3) (a) The Health and Human Services Interim Committee and the Child Welfare
Legislative Oversight Panel may not interfere with, or make recommendations regarding, the
resolution of a particular case.
(b) The purpose of a review described in Subsection (2) is to assist a committee or
panel described in Subsection (2) in determining whether to recommend a change in the law.
(c) Any recommendation, described in Subsection (3)(b), by a committee or panel for a
change in the law shall be made in an open meeting.
(4) [
(a)
] On or before September 1 of each year, the department shall provide an
executive summary of all formal review reports for the preceding state fiscal year to [
the Office
of Legislative Research and General Counsel.
]
:
[
(b)
] 
(a)
 [
The
] 
the
 Office of Legislative Research and General Counsel [
shall forward a
copy of the executive summary described in Subsection (4)(a) to:
]
;
[
(i)
] 
(b)
 the Health and Human Services Interim Committee; and
[
(ii)
] 
(c)
 the Child Welfare Legislative Oversight Panel.
(5) The executive summary described in Subsection (4):
(a) may not include any names or identifying information;
(b) shall include:
(i) all recommendations regarding changes to the law that were made during the
preceding fiscal year under Subsection 
26B-1-505
(6);
(ii) all changes made, or in the process of being made, to a law, rule, policy, or
procedure in response to a formal review that occurred during the preceding fiscal year;
(iii) a description of the training that has been completed in response to a formal
review that occurred during the preceding fiscal year;
(iv) statistics for the preceding fiscal year regarding:
(A) the number of qualified individuals and the type of deaths and near fatalities that
are known to the department;
(B) the number of formal reviews conducted;
(C) the categories described in Subsection 
26B-1-501
(7) of qualified individuals;
(D) the gender, age, race, and other significant categories of qualified individuals; and
(E) the number of fatalities of qualified individuals known to the department that are
identified as suicides; and
(v) action taken by the Division of Licensing and Background Checks [
and the Bureau
of Internal Review and Audits
] in response to the near fatality or the death of a qualified
individual; and
(c) is a public document.
(6) The Division of Child and Family Services shall, to the extent required by the
federal Child Abuse Prevention and Treatment Act of 1988, Pub. L. No. 93-247, as amended,
allow public disclosure of the findings or information relating to a case of child abuse or
neglect that results in a child fatality or a near fatality.
Section 6. Section 
52-4-205
 is amended to read:
52-4-205.
Purposes of closed meetings -- Certain issues prohibited in closed
meetings.
(1) A closed meeting described under Section 
52-4-204
 may only be held for:
(a) except as provided in Subsection (3), discussion of the character, professional
competence, or physical or mental health of an individual;
(b) strategy sessions to discuss collective bargaining;
(c) strategy sessions to discuss pending or reasonably imminent litigation;
(d) strategy sessions to discuss the purchase, exchange, or lease of real property,
including any form of a water right or water shares, or to discuss a proposed development
agreement, project proposal, or financing proposal related to the development of land owned by
the state, if public discussion would:
(i) disclose the appraisal or estimated value of the property under consideration; or
(ii) prevent the public body from completing the transaction on the best possible terms;
(e) strategy sessions to discuss the sale of real property, including any form of a water
right or water shares, if:
(i) public discussion of the transaction would:
(A) disclose the appraisal or estimated value of the property under consideration; or
(B) prevent the public body from completing the transaction on the best possible terms;
(ii) the public body previously gave public notice that the property would be offered for
sale; and
(iii) the terms of the sale are publicly disclosed before the public body approves the
sale;
(f) discussion regarding deployment of security personnel, devices, or systems;
(g) investigative proceedings regarding allegations of criminal misconduct;
(h) as relates to the Independent Legislative Ethics Commission, conducting business
relating to the receipt or review of ethics complaints;
(i) as relates to an ethics committee of the Legislature, a purpose permitted under
Subsection 
52-4-204
(1)(a)(iii)(C);
(j) as relates to the Independent Executive Branch Ethics Commission created in
Section 
63A-14-202
, conducting business relating to an ethics complaint;
(k) as relates to a county legislative body, discussing commercial information as
defined in Section 
59-1-404
;
(l) as relates to the Utah Higher Education Savings Board of Trustees and its appointed
board of directors, discussing fiduciary or commercial information;
(m) deliberations, not including any information gathering activities, of a public body
acting in the capacity of:
(i) an evaluation committee under Title 63G, Chapter 6a, Utah Procurement Code,
during the process of evaluating responses to a solicitation, as defined in Section 
63G-6a-103
;
(ii) a protest officer, defined in Section 
63G-6a-103
, during the process of making a
decision on a protest under Title 63G, Chapter 6a, Part 16, Protests; or
(iii) a procurement appeals panel under Title 63G, Chapter 6a, Utah Procurement
Code, during the process of deciding an appeal under Title 63G, Chapter 6a, Part 17,
Procurement Appeals Board;
(n) the purpose of considering information that is designated as a trade secret, as
defined in Section 
13-24-2
, if the public body's consideration of the information is necessary to
properly conduct a procurement under Title 63G, Chapter 6a, Utah Procurement Code;
(o) the purpose of discussing information provided to the public body during the
procurement process under Title 63G, Chapter 6a, Utah Procurement Code, if, at the time of
the meeting:
(i) the information may not, under Title 63G, Chapter 6a, Utah Procurement Code, be
disclosed to a member of the public or to a participant in the procurement process; and
(ii) the public body needs to review or discuss the information to properly fulfill its
role and responsibilities in the procurement process;
(p) as relates to the governing board of a governmental nonprofit corporation, as that
term is defined in Section 
11-13a-102
, the purpose of discussing information that is designated
as a trade secret, as that term is defined in Section 
13-24-2
, if:
(i) public knowledge of the discussion would reasonably be expected to result in injury
to the owner of the trade secret; and
(ii) discussion of the information is necessary for the governing board to properly
discharge the board's duties and conduct the board's business;
(q) as it relates to the Cannabis Production Establishment Licensing Advisory Board,
to review confidential information regarding violations and security requirements in relation to
the operation of cannabis production establishments;
(r) considering a loan application, if public discussion of the loan application would
disclose:
(i) nonpublic personal financial information; or
(ii) a nonpublic trade secret, as defined in Section 
13-24-2
, or nonpublic business
financial information the disclosure of which would reasonably be expected to result in unfair
competitive injury to the person submitting the information;
(s) a discussion of the board of the Point of the Mountain State Land Authority, created
in Section 
11-59-201
, regarding a potential tenant of point of the mountain state land, as
defined in Section 
11-59-102
; or
(t) a purpose for which a meeting is required to be closed under Subsection (2).
(2) The following meetings shall be closed:
(a) a meeting of the Health and Human Services Interim Committee to review a report
described in Subsection 
26B-1-506
(1)(a), and [
the responses
] 
a response
 to the report described
in [
Subsections 
26B-1-506
(2) and (4)
] 
Subsection 
26B-1-506
(2)
;
(b) a meeting of the Child Welfare Legislative Oversight Panel to:
(i) review a report described in Subsection 
26B-1-506
(1)(a), and [
the responses
] 
a
response
 to the report described in [
Subsections 
26B-1-506
(2) and (4)
] 
Subsection
26B-1-506
(2)
; or
(ii) review and discuss an individual case, as described in Subsection 
36-33-103
(2);
(c) a meeting of the Opioid and Overdose Fatality Review Committee, created in
Section 
26B-1-403
, to review and discuss an individual case, as described in Subsection
26B-1-403
(10);
(d) a meeting of a conservation district as defined in Section 
17D-3-102
 for the
purpose of advising the Natural Resource Conservation Service of the United States
Department of Agriculture on a farm improvement project if the discussed information is
protected information under federal law;
(e) a meeting of the Compassionate Use Board established in Section 
26B-1-421
 for
the purpose of reviewing petitions for a medical cannabis card in accordance with Section
26B-1-421
;
(f) a meeting of the Colorado River Authority of Utah if:
(i) the purpose of the meeting is to discuss an interstate claim to the use of the water in
the Colorado River system; and
(ii) failing to close the meeting would:
(A) reveal the contents of a record classified as protected under Subsection
63G-2-305
(82);
(B) reveal a legal strategy relating to the state's claim to the use of the water in the
Colorado River system;
(C) harm the ability of the Colorado River Authority of Utah or river commissioner to
negotiate the best terms and conditions regarding the use of water in the Colorado River
system; or
(D) give an advantage to another state or to the federal government in negotiations
regarding the use of water in the Colorado River system;
(g) a meeting of the General Regulatory Sandbox Program Advisory Committee if:
(i) the purpose of the meeting is to discuss an application for participation in the
regulatory sandbox as defined in Section 
63N-16-102
; and
(ii) failing to close the meeting would reveal the contents of a record classified as
protected under Subsection 
63G-2-305
(83);
(h) a meeting of a project entity if:
(i) the purpose of the meeting is to conduct a strategy session to discuss market
conditions relevant to a business decision regarding the value of a project entity asset if the
terms of the business decision are publicly disclosed before the decision is finalized and a
public discussion would:
(A) disclose the appraisal or estimated value of the project entity asset under
consideration; or
(B) prevent the project entity from completing on the best possible terms a
contemplated transaction concerning the project entity asset;
(ii) the purpose of the meeting is to discuss a record, the disclosure of which could
cause commercial injury to, or confer a competitive advantage upon a potential or actual
competitor of, the project entity;
(iii) the purpose of the meeting is to discuss a business decision, the disclosure of
which could cause commercial injury to, or confer a competitive advantage upon a potential or
actual competitor of, the project entity; or
(iv) failing to close the meeting would prevent the project entity from getting the best
price on the market; and
(i) a meeting of the School Activity Eligibility Commission, described in Section
53G-6-1003
, if the commission is in effect in accordance with Section 
53G-6-1002
, to
consider, discuss, or determine, in accordance with Section 
53G-6-1004
, an individual student's
eligibility to participate in an interscholastic activity, as that term is defined in Section
53G-6-1001
, including the commission's determinative vote on the student's eligibility.
(3) In a closed meeting, a public body may not:
(a) interview a person applying to fill an elected position;
(b) discuss filling a midterm vacancy or temporary absence governed by Title 20A,
Chapter 1, Part 5, Candidate Vacancy and Vacancy and Temporary Absence in Elected Office;
or
(c) discuss the character, professional competence, or physical or mental health of the
person whose name was submitted for consideration to fill a midterm vacancy or temporary
absence governed by Title 20A, Chapter 1, Part 5, Candidate Vacancy and Vacancy and
Temporary Absence in Elected Office.
Section 7. Section 
63G-2-202
 is amended to read:
63G-2-202.
Access to private, controlled, and protected documents.
(1) Except as provided in Subsection (11)(a), a governmental entity:
(a) shall, upon request, disclose a private record to:
(i) the subject of the record;
(ii) the parent or legal guardian of an unemancipated minor who is the subject of the
record;
(iii) the legal guardian of a legally incapacitated individual who is the subject of the
record;
(iv) any other individual who:
(A) has a power of attorney from the subject of the record;
(B) submits a notarized release from the subject of the record or the individual's legal
representative dated no more than 90 days before the date the request is made; or
(C) if the record is a medical record described in Subsection 
63G-2-302
(1)(b), is a
health care provider, as defined in Section 
26B-8-501
, if releasing the record or information in
the record is consistent with normal professional practice and medical ethics; or
(v) any person to whom the record must be provided pursuant to:
(A) court order as provided in Subsection (7); or
(B) a legislative subpoena as provided in Title 36, Chapter 14, Legislative Subpoena
Powers; and
(b) may disclose a private record described in Subsections 
63G-2-302
(1)(j) through
(m), without complying with Section 
63G-2-206
, to another governmental entity for a purpose
related to:
(i) voter registration; or
(ii) the administration of an election.
(2) (a) Upon request, a governmental entity shall disclose a controlled record to:
(i) a physician, physician assistant, psychologist, certified social worker, insurance
provider or producer, or a government public health agency upon submission of:
(A) a release from the subject of the record that is dated no more than 90 days prior to
the date the request is made; and
(B) a signed acknowledgment of the terms of disclosure of controlled information as
provided by Subsection (2)(b); and
(ii) any person to whom the record must be disclosed pursuant to:
(A) a court order as provided in Subsection (7); or
(B) a legislative subpoena as provided in Title 36, Chapter 14, Legislative Subpoena
Powers.
(b) A person who receives a record from a governmental entity in accordance with
Subsection (2)(a)(i) may not disclose controlled information from that record to any person,
including the subject of the record.
(3) If there is more than one subject of a private or controlled record, the portion of the
record that pertains to another subject shall be segregated from the portion that the requester is
entitled to inspect.
(4) Upon request, and except as provided in Subsection (11)(b), a governmental entity
shall disclose a protected record to:
(a) the person that submitted the record;
(b) any other individual who:
(i) has a power of attorney from all persons, governmental entities, or political
subdivisions whose interests were sought to be protected by the protected classification; or
(ii) submits a notarized release from all persons, governmental entities, or political
subdivisions whose interests were sought to be protected by the protected classification or from
their legal representatives dated no more than 90 days prior to the date the request is made;
(c) any person to whom the record must be provided pursuant to:
(i) a court order as provided in Subsection (7); or
(ii) a legislative subpoena as provided in Title 36, Chapter 14, Legislative Subpoena
Powers; or
(d) the owner of a mobile home park, subject to the conditions of Subsection
41-1a-116
(5).
(5) Except as provided in Subsection (1)(b), a governmental entity may disclose a
private, controlled, or protected record to another governmental entity, political subdivision,
state, the United States, or a foreign government only as provided by Section 
63G-2-206
.
(6) Before releasing a private, controlled, or protected record, the governmental entity
shall obtain evidence of the requester's identity.
(7) A governmental entity shall disclose a record pursuant to the terms of a court order
signed by a judge from a court of competent jurisdiction, provided that:
(a) the record deals with a matter in controversy over which the court has jurisdiction;
(b) the court has considered the merits of the request for access to the record;
(c) the court has considered and, where appropriate, limited the requester's use and
further disclosure of the record in order to protect:
(i) privacy interests in the case of private or controlled records;
(ii) business confidentiality interests in the case of records protected under Subsection
63G-2-305
(1), (2), (40)(a)(ii), or (40)(a)(vi); and
(iii) privacy interests or the public interest in the case of other protected records;
(d) to the extent the record is properly classified private, controlled, or protected, the
interests favoring access, considering limitations thereon, are greater than or equal to the
interests favoring restriction of access; and
(e) where access is restricted by a rule, statute, or regulation referred to in Subsection
63G-2-201
(3)(b), the court has authority independent of this chapter to order disclosure.
(8) (a) Except as provided in Subsection (8)(d), a governmental entity may disclose or
authorize disclosure of private or controlled records for research purposes if the governmental
entity:
(i) determines that the research purpose cannot reasonably be accomplished without
use or disclosure of the information to the researcher in individually identifiable form;
(ii) determines that:
(A) the proposed research is bona fide; and
(B) the value of the research is greater than or equal to the infringement upon personal
privacy;
(iii) (A) requires the researcher to assure the integrity, confidentiality, and security of
the records; and
(B) requires the removal or destruction of the individual identifiers associated with the
records as soon as the purpose of the research project has been accomplished;
(iv) prohibits the researcher from:
(A) disclosing the record in individually identifiable form, except as provided in
Subsection (8)(b); or
(B) using the record for purposes other than the research approved by the governmental
entity; and
(v) secures from the researcher a written statement of the researcher's understanding of
and agreement to the conditions of this Subsection (8) and the researcher's understanding that
violation of the terms of this Subsection (8) may subject the researcher to criminal prosecution
under Section 
63G-2-801
.
(b) A researcher may disclose a record in individually identifiable form if the record is
disclosed for the purpose of auditing or evaluating the research program and no subsequent use
or disclosure of the record in individually identifiable form will be made by the auditor or
evaluator except as provided by this section.
(c) A governmental entity may require indemnification as a condition of permitting
research under this Subsection (8).
(d) A governmental entity may not disclose or authorize disclosure of a private record
for research purposes as described in this Subsection (8) if the private record is a record
described in Subsection 
63G-2-302
(1)(w).
(9) (a) Under Subsections 
63G-2-201
(5)(b) and 
63G-2-401
(6), a governmental entity
may disclose to persons other than those specified in this section records that are:
(i) private under Section 
63G-2-302
; or
(ii) protected under Section 
63G-2-305
, subject to Section 
63G-2-309
 if a claim for
business confidentiality has been made under Section 
63G-2-309
.
(b) Under Subsection 
63G-2-403
(11)(b), the State Records Committee may require the
disclosure to persons other than those specified in this section of records that are:
(i) private under Section 
63G-2-302
;
(ii) controlled under Section 
63G-2-304
; or
(iii) protected under Section 
63G-2-305
, subject to Section 
63G-2-309
 if a claim for
business confidentiality has been made under Section 
63G-2-309
.
(c) Under Subsection 
63G-2-404
(7), the court may require the disclosure of records
that are private under Section 
63G-2-302
, controlled under Section 
63G-2-304
, or protected
under Section 
63G-2-305
 to persons other than those specified in this section.
(10) (a) A private record described in Subsection 
63G-2-302
(2)(f) may only be
disclosed as provided in Subsection (1)(a)(v).
(b) A protected record described in Subsection 
63G-2-305
(43) may only be disclosed
as provided in Subsection (4)(c) or Section 
26B-6-212
.
(11) (a) A private, protected, or controlled record described in Section 
26B-1-506
 shall
be disclosed as required under:
(i) Subsections 
26B-1-506
(1)(b)[
,
] 
and
 (2)[
, and (4)(c)
]; and
(ii) Subsections 
26B-1-507
(1) and (6).
(b) A record disclosed under Subsection (11)(a) shall retain its character as private,
protected, or controlled.
Section 8. 
Effective date.
This bill takes effect on May 1, 2024.