Download Zipped Amended WP 9 HB0231S2.ZIP 14,791 Bytes
[Introduced][Status][Bill Documents][Fiscal Note][Bills Directory]
Second Substitute H.B. 231
Representative Sheryl L. Allen proposes the following substitute bill:
1
PUBLIC HEALTH AUTHORITY AMENDMENTS
2
2002 GENERAL SESSION
3
STATE OF UTAH
4
Sponsor: Sheryl L. Allen
5
This act modifies the Health Code. The act creates the Detection of Public Health
6
Emergencies Act. The act requires health care providers to report to the Department of
7
Health when the health care provider suspects that an individual has been exposed to or
8
harbors an illness or condition resulting from bioterrorism, an epidemic or pandemic
9
disease, or other highly fatal infectious agent. The act authorizes a health care provider to
10
report certain emergency illnesses and health conditions. The act specifies the manner and
11
content of reports. The act authorizes the Department of Health to investigate reports of
12
suspected bioterrorism or highly fatal, infectious disease. The act provides for limited
13
sharing of information as necessary to abate a public health emergency. The act provides for
14
enforcement.
This act sunsets on July 1, 2004.
15
This act affects sections of Utah Code Annotated 1953 as follows:
16
AMENDS:
17
63-55-226, as last amended by Chapter 3, Laws of Utah 2001
18
ENACTS:
19
26-23b-101, Utah Code Annotated 1953
20
26-23b-102, Utah Code Annotated 1953
21
26-23b-103, Utah Code Annotated 1953
22
26-23b-104, Utah Code Annotated 1953
23
26-23b-105, Utah Code Annotated 1953
24
26-23b-106, Utah Code Annotated 1953
25
26-23b-107, Utah Code Annotated 1953
26
26-23b-108, Utah Code Annotated 1953
27
26-23b-109, Utah Code Annotated 1953
28
26-23b-110, Utah Code Annotated 1953
29
Be it enacted by the Legislature of the state of Utah:
30
Section 1.
Section
26-23b-101
is enacted to read:
31
CHAPTER 23b. DETECTION OF PUBLIC HEALTH EMERGENCIES ACT
32
26-23b-101. Title.
33
This chapter is known as the "Detection of Public Health Emergencies Act."
34
Section 2.
Section
26-23b-102
is enacted to read:
35
26-23b-102. Definitions.
36
As used in this chapter:
37
(1) "Bioterrorism" means:
38
(a) the intentional use of any microorganism, virus, infectious substance, or biological
39
product to cause death, disease, or other biological malfunction in a human, an animal, a plant, or
40
another living organism in order to influence, intimidate, or coerce the conduct of government or
41
a civilian population; and
42
(b) includes anthrax, botulism, small pox, plague, tularemia, and viral hemorrhagic fevers.
43
(2) "Department" means the Department of Health created in Section
26-1-4
and a local
44
health department as defined in Section
26A-1-102
.
45
(3) "Diagnostic information" means a clinical facility's record of individuals who present
46
for treatment, including the reason for the visit, chief complaint, presenting diagnosis, final
47
diagnosis, and any pertinent lab results.
48
(4) "Epidemic or pandemic disease":
49
(a) means the occurrence in a community or region of cases of an illness clearly in excess
50
of normal expectancy; and
51
(b) includes diseases designated by the Department of Health which have the potential to
52
cause serious illness or death.
53
(5) "Health care provider" shall have the meaning provided for in Section
78-14-3
.
54
(6) "Public health emergency" means an occurrence or imminent credible threat of an
55
illness or health condition, caused by bioterrorism, epidemic or pandemic disease, or novel and
56
highly fatal infectious agent or biological toxin, that poses a substantial risk of a significant
57
number of human fatalities or incidents of permanent or long-term disability. Such illness or
58
health condition includes an illness or health condition resulting from a natural disaster.
59
(7) "Reportable emergency illness and health condition" includes the diseases, conditions,
60
or syndromes designated by the Utah Department of Health.
61
Section 3.
Section
26-23b-103
is enacted to read:
62
26-23b-103. Mandatory reporting requirements -- Contents of reports -- Penalties.
63
(1) (a) A health care provider shall report to the department any case of any person who
64
the provider knows has a confirmed case of, or who the provider believes in his professional
65
judgment is sufficiently likely to harbor any illness or health condition that may be caused by:
66
(i) bioterrorism;
67
(ii) epidemic or pandemic disease; or
68
(iii) novel and highly fatal infectious agents or biological toxins which might pose a
69
substantial risk of a significant number of human fatalities or incidences of permanent or long-term
70
disability.
71
(b) A health care provider shall immediately submit the report required by Subsection
72
(1)(a) within 24 hours of concluding that a report is required under Subsection (1)(a).
73
(2) (a) A report required by this section shall be submitted electronically, verbally, or in
74
writing to the department or appropriate local health department.
75
(b) A report submitted pursuant to Subsection (1) shall include, if known:
76
(i) diagnostic information on the specific illness or health condition that is the subject of
77
the report, and, if transmitted electronically, diagnostic codes assigned to the visit;
78
(ii) the patient's name, date of birth, sex, race, occupation, and current home and work
79
address and phone number;
80
(iii) the name, address, and phone number of the health care provider; and
81
(iv) the name, address, and phone number of the reporting individual.
82
(3) The department may impose a sanction against a health care provider for failure to
83
make a report required by this section only if the department can show by clear and convincing
84
evidence that a health care provider h [
should have filed
]
WILLFULLY FAILED TO FILE
h a report
84a
h [
based on:
85
(a) the information available to the provider at the time the department claims the report
86
should have been filed; and
87
(b) the exercise of the health care provider's professional judgment
] h .
88
Section 4.
Section
26-23b-104
is enacted to read:
89
26-23b-104. Authorization to report.
90
(1) A health care provider is authorized to report to the department any case of a reportable
91
emergency illness or health condition in any person when:
92
(a) the health care provider knows of a confirmed case; or
93
(b) the health care provider believes, based on his professional judgment that a person
94
likely harbors a reportable emergency illness or health condition.
95
(2) A report pursuant to this section shall include, if known:
96
(a) the name of the facility submitting the report;
97
(b) a patient identifier that allows linkage with the patient's record for follow-up
98
investigation if needed;
99
(c) the date and time of visit;
100
(d) the patient's age and sex;
101
(e) the zip code of the patient's residence;
102
(f) the reportable illness or condition detected or suspected;
103
(g) diagnostic information and, if available, diagnostic codes assigned to the visit; and
104
(h) whether the patient was admitted to the hospital.
105
(3) h
(a
)
h
If the department determines that a public health emergency exists, the department
106
may, with the concurrence of h
THE GOVERNOR AND
h the executive director h
OR IN THE
106a
ABSENCE OF THE EXECUTIVE
106a1
DIRECTOR, HIS DESIGNEE
h , issue a public health emergency order and
107
mandate reporting under this section for a limited reasonable period of time, as necessary to
108
respond to the public health emergency.
108a
h
(b) THE DEPARTMENT MAY NOT MANDATE REPORTING UNDER THIS SUBSECTION FOR
108b
MORE THAN 90 DAYS. IF MORE THAN 90 DAYS IS NEEDED TO ABATE THE PUBLIC HEALTH
108c
EMERGENCY DECLARED UNDER SUBSECTION (3)(a), THE DEPARTMENT MUST OBTAIN THE
108d
CONCURRENCE OF THE GOVERNOR TO EXTEND THE PERIOD OF TIME BEYOND 90 DAYS.
h
109
(4) (a) Unless the provisions of Subsection (3) apply, a health care provider is not subject
110
to penalties for failing to submit a report under this section.
111
(b) If the provisions of Subsection (3) apply, a health care provider is subject to the
112
penalties of Subsection
26-23-103
(3) for failure to make a report under this section.
113
Section 5.
Section
26-23b-105
is enacted to read:
114
26-23b-105. Pharmacy reporting requirements.
115
(1) Notwithstanding the provisions of Subsection 26-23b-103(1)(a), a pharmacist shall
116
report unusual drug-related events as described in Subsection (2).
117
(2) Unusual drug-related events that require a report include:
118
(a) an unusual increase in the number of prescriptions filled for antimicrobials;
119
(b) any prescription that treats a disease that has bioterrorism potential if that prescription
120
is unusual or in excess of the expected frequency; and
121
(c) an unusual increase in the number of requests for information about or sales of
122
over-the-counter pharmaceuticals to treat conditions h
WHICH MAY SUGGEST THE PRESENCE OF
122a
ONE OF THE ILLNESSES OR CONDITIONS DESCRIBED IN SECTIONS 26-23b-103 OR 26-23b-104 AND
122b
WHICH ARE
h designated by department rule.
123
(3) (a) A pharmacist shall submit the report required by this section within 24 hours after
124
the pharmacist suspects, in his professional judgement, that an unusual drug-related event has
125
occurred.
126
(b) If a pharmacy is part of a healthcare facility subject to the reporting requirements of
127
this chapter, the pharmacist in charge shall make the report under this section on behalf of the
128
health care facility.
129
(4) (a) The report required by this section shall be submitted in accordance with Subsection
130
26-23b-103
(2)(a).
131
(b) A report shall include the name and location of the reporting pharmacist, the name and
132
type of pharmaceuticals that are the subject of the unusual increase in use, and if known, the
133
suspected illness or health condition that is the subject of the report.
134
(5) A pharmacist is subject to the penalties under Subsection
26-23b-103
(3) for failing to
135
make a report required by this section.
136
Section 6.
Section
26-23b-106
is enacted to read:
137
26-23b-106. Medical laboratory reporting requirements.
138
(1) (a) Notwithstanding the provisions of Subsection
26-23b-103
(1), the director of a
139
medical laboratory located in this state is responsible for reporting results of a laboratory test that
140
confirm a condition or illness described in Subsection
26-23b-103
(1) within 24 hours after
141
obtaining the results of the test. This reporting requirement also applies to results obtained on
142
specimens sent to an out-of-state laboratory for analysis.
143
(2) The director of a medical laboratory located outside this state that receives a specimen
144
obtained inside this state is responsible for reporting the results of any test that confirm a condition
145
or illness described in Subsection
26-23b-103
(1), within 24 hours of obtaining the results, provided
146
that the laboratory that performs the test has agreed to the reporting requirements of this state.
147
(3) If a medical laboratory is part of a health care facility subject to the reporting
148
requirements of this chapter, the director of the medical laboratory shall make the report required
149
by this section on behalf of the health care facility.
150
(4) The report required by this section shall be submitted in accordance with Subsection
151
26-23b-103
(2).
152
(5) The director of a medical laboratory is subject to the penalties of Subsection
153
26-23b-103
(3) for failing to make a report required by this section.
154
Section 7.
Section
26-23b-107
is enacted to read:
155
26-23b-107. Exemptions from liability.
156
(1) A health care provider may not be discharged, suspended, disciplined, or harassed for
157
making a report pursuant to this chapter.
158
(2) A health care provider may not incur any civil or criminal liability as a result of making
159
any report under this chapter so long as the report is made in good faith.
160
Section 8.
Section
26-23b-108
is enacted to read:
161
26-23b-108. Investigation of suspected bioterrorism and diseases.
162
(1) The department shall:
163
(a) ascertain the existence of cases of an illness or condition caused by the factors
164
described in Subsection
26-23b-103
(1) h
AND SUBSECTION 26-23b-104(1)
h ;
165
(b) investigate all such cases for sources of infection or exposure;
166
(c) ensure that any cases, suspected cases, and exposed persons are subject to proper
167
control measures; and
168
(d) define the distribution of the suspected illness or health condition.
169
(2) (a) Acting on information received from the reports required by this chapter, or other
170
reliable information, the department shall identify all individuals thought to have been exposed to
171
an illness or condition described in Subsection
26-23b-103
(1).
172
(b) The department may request information from a health care provider concerning an
173
individual's identifying information as described in Subsection
26-23b-103
(2)(b) when:
174
(i) the department is investigating a potential illness or condition described in Subsection
175
26-23b-103
(1) and the health care provider has not submitted a report to the department with the
176
information requested; or
177
(ii) the department has received a report from a pharmacist under Section
26-23b-105
177a
h [
or
]
,
h
178
a medical laboratory under Section
26-23b-106
h
, OR ANOTHER HEALTHCARE PROVIDER UNDER
178a
SUBSECTION 26-23b-104(1)
h and the department believes that further
179
investigation is necessary to protect the public health.
180
(c) A health care provider shall submit the information requested under this section to the
181
department within 24 hours after receiving a request from the department.
182
(3) The department shall counsel and interview identified individuals as appropriate to:
183
(a) assist in the positive identification of other cases and exposed individuals;
184
(b) develop information relating to the source and spread of the illness or condition; and
185
(c) obtain the names, addresses, phone numbers, or other identifying information of any
186
other person from whom the illness or health condition may have been contracted and to whom
187
the illness or condition may have spread.
188
(4) The department shall, for examination purposes, close, evacuate, or decontaminate any
189
facility when the department reasonably believes that such facility or material may endanger the
190
public health due to a condition or illness described in Subsection
26-23b-103
(1).
191
(5) The department will destroy personally identifying health information about an
192
individual collected by the department as a result of a report under this chapter upon the earlier of:
193
(a) the department's determination that the information is no longer necessary to carry out
194
an investigation under this chapter; or
195
(b) 180 days after the information is collected.
196
Section 9.
Section
26-23b-109
is enacted to read:
197
26-23b-109. Enforcement.
198
The department may enforce the provisions of this chapter in accordance with existing
199
enforcement laws and regulations.
200
Section 10.
Section
26-23b-110
is enacted to read:
201
26-23b-110. Information sharing with public safety authorities.
202
(1) For purposes of this section, "public safety authority" means a local, state, or federal
203
law enforcement authority h
INCLUDING THE DIVISION OF EMERGENCY SERVICES HOMELAND
203a
SECURITY
h , emergency medical services personnel, and firefighters.
204
(2) Notwithstanding the provisions of Title 63, Chapter 2, Government Records Access
205
and Management Act:
206
(a) whenever a public safety authority suspects a case of a reportable illness or condition
207
under the provisions of this chapter, it shall immediately notify the department;
208
(b) whenever the department learns of a case of a reportable illness or condition under this
209
chapter that it reasonably believes has the potential to be caused by one of the factors listed in
210
Subsection
26-23b-103
(1), it shall immediately notify the appropriate public safety authority; and
211
(c) sharing of information reportable under the provisions of this chapter between persons
212
authorized by this chapter shall be limited to information necessary for the treatment, control,
213
investigation, and prevention of a public health emergency.
214
(3) Except to the extent inconsistent with this chapter, Sections
26-6-27
and
26-6-28
apply
215
to this chapter.
216
Section 11.
Section
63-55-226
is amended to read:
217
63-55-226. Repeal dates, Title 26.
218
(1) Title 26, Chapter 1, Department of Health Organization, is repealed July 1, 2006.
219
(2) Title 26, Chapter 4, Utah Medical Examiner Act, is repealed July 1, 2010.
220
(3) Title 26, Chapter 9f, Utah Telehealth Commission, is repealed July 1, 2002.
221
(4) Title 26, Chapter 10, Family Health Services, is repealed July 1, 2010.
222
(5) Title 26, Chapter 18, Medical Assistance Act, is repealed July 1, 2004.
223
(6) Title 26, Chapter 23b, Detection of Public Health Emergencies Act is repealed July 1,
224
2004.
225
[(6)] (7) Title 26, Chapter 33a, Utah Health Data Authority Act, is repealed July 1, 2004.
[Bill Documents][Bills Directory]