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First Substitute S.B. 241
Senator John L. Valentine proposes to substitute the following bill:
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CIVIL PROCESS EX PARTE CONTACT WITH PHYSICIAN
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2000 GENERAL SESSION
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STATE OF UTAH
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Sponsor: John L. Valentine
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AN ACT RELATING TO THE JUDICIAL CODE; PROVIDING FOR THE DISCLOSURE OF
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PATIENT HEALTH CARE INFORMATION TO THE PATIENT'S ATTORNEY OR LEGAL
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REPRESENTATIVE DURING A SUIT; PROHIBITING EX PARTE CONTACT BETWEEN
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THE HEALTH CARE PROVIDER AND PERSONS OTHER THAN THE PATIENT'S
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ATTORNEY.
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This act affects sections of Utah Code Annotated 1953 as follows:
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AMENDS:
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78-25-25, as enacted by Chapter 213, Laws of Utah 1971
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
78-25-25
is amended to read:
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78-25-25. Patients' records -- Inspection and copying by attorneys.
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(1) Whenever an attorney at law duly licensed to practice in the state of Utah is authorized
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to represent the interest of a patient of any [physician and surgeon, dentist, osteopathic physician,
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registered nurse, psychologist, chiropractor, or a licensed hospital] health care provider, as defined
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in Section
78-14-3
, and that attorney desires to examine or to obtain copies of any of the patient's
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records in the custody or control of such [person or hospital] health care provider, those records
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shall be made available, at the regular place of business of the [person or hospital] health care
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provider having custody or control thereof, for inspection and copying by the attorney if he
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presents to such [person or hospital] health care provider a written authorization signed and
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acknowledged by the patient before a notary public, or in the case of a minor, by a parent or
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guardian, or in the case of a deceased patient, by the personal representative or an heir. Such
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records shall remain in the possession of the [person or hospital] health care provider having
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custody or control thereof and the attorney shall pay, as part of the costs advanced on behalf of his
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client, for all copies made at his request.
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(2) No person other than the patient's attorney or legal representative may obtain or seek
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to obtain the patient's health care information from a health care provider through ex parte or
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informal contacts with the health care provider, except that the health care provider's relevant
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written records only may be obtained from the health care provider by written request accompanied
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by the patient's duly signed and acknowledged written authorization. Any clause in a contract,
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agreement, or authorization for release of medical records which purports to waive the provisions
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of this section is contrary to public policy and void and unenforceable.
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(3) This section may not affect the release or transfer of confidential health care
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information permitted under Title 26, Chapter 25, Confidential Information Release.
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(4) Nothing in this section shall limit the use of patient health care information for the
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purpose of providing health care to that patient.
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(5) Nothing in this section shall limit the right of a patient or his attorney or legal
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representative to consult with that patient's own physician and to obtain that patient's own health
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care information.
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(6) This section does not apply to a patient's health care information used in the
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determination of the patient's entitlement, if any, to benefits under Title 34A, Chapter 2 or 3.
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