R386-702-10. Confidentiality of Reports

(1)(a) Any report required by this rule is confidential. Information collected pursuant to this rule may not be: (i) released or made public; or (ii) disclosed in response to a subpoena, search warrant, discovery proceeding, or otherwise, except as provided by Sections 26B-7-217, 26B-7-218, and 26B-7-220. (b) The penalty for a violation of confidentiality is prescribed in Section 26B-7-219. (2) Nothing in this rule precludes the discussion of case information with an attending clinician or public health worker. (3) When a Good Samaritan aids a person in grave physical distress, the Good Samaritan's health care provider may submit a request to the department or local health department to disclose communicable disease-related information regarding the person who the Good Samaritan aided. (a) The department or local health department shall disclose communicable disease-related information if the health care provider's request includes: (i) information regarding the occurrence of the accident, fire, or other life-threatening emergency; (ii) a description of the exposure risk to the Good Samaritan; and (iii) contact information for the Good Samaritan and the Good Samaritan's health care provider. (b) The department or local health department shall ensure that the disclosed information: (i) includes enough detail to allow for appropriate education and follow-up to the Good Samaritan; and (ii) ensures confidentiality is maintained for the person who was aided. (c)(i) Identifying information regarding the person who was aided may not be shared with the Good Samaritan or the Good Samaritan's health care provider. (ii) The department or local health department shall inform any Good Samaritan through written notice that information regarding the person who was aided is protected by state law.