R386-702-19. Public Health Emergency

(1) Terms used in this section and for an order issued under this section and during the public health emergency are defined as: (a) "Emergency center" means: (i) a health care facility that operates an emergency department and is licensed under Title 26B, Chapter 2, Licensing and Certifications; or (ii) a clinic that provides emergency or urgent health care to an average of at least 20 individuals daily. (b) "Encounter information" means an emergency center's records of an encounter and includes the: (i) reason for the visit; (ii) chief complaint; (iii) results of any diagnostic test; (iv) presenting diagnosis; and (v) final diagnosis, including any applicable diagnostic code. (2) The department or a local health department may declare a public health emergency by issuing an order that mandates reporting an emergency illness or health condition specified in Section R386-702-4, in accordance with: (a) Title 26B, Chapter 7, Part 3, Treatment, Isolation, and Quarantine Procedures for Communicable Diseases; or (b) Title 26A, Chapter 1, Part 1, Local Health Department Act. (3) The department may designate an emergency center as a specialized emergency center, which expands that emergency center's reporting requirements. (a) The department shall designate the fewest number of specialized emergency centers as is practicable to obtain the necessary data to respond to the emergency. (b) Each specialized emergency center shall report an encounter to the department by using a method described in Section R386-702-7 and reporting each encounter by 9 a.m. the day after the encounter. The department may accept an alternate reporting method, including: (i) the specialized emergency center to allow a representative or agent of the department or a local health department to review the encounter information to identify any encounter during the previous day; or (ii) any other department-approved arrangement. (4)(a) For purposes of epidemiological and statistical analysis, each emergency center shall use the process described in Section R386-702-7 to report an encounter during the public health emergency that does not meet the definition for an immediately reportable condition as described in Subsection R386-702-7(3). (b) The report for each encounter described in Subsection (4)(a) shall include the: (i) facility name; (ii) date of visit; (iii) time of visit; (iv) patient's age; (v) patient's sex; and (vi) zip code of the patient's residence. (5)(a) If the department or a local health department collects identifying health information on an individual who is the subject of a report required under this section, the department or local health department shall destroy that identifying information upon the sooner of: (i) the determination of the department or a local health department that the information is no longer necessary to carry out an investigation under this section; or (ii) 180 days after the information was collected. (b) The department or local health department may retain identifying information gathered under another section of this rule or other legal authority, in accordance with those provisions. (6) Reporting an encounter during a public health emergency does not relieve a reporting entity of the responsibility to report the encounter under another section of this rule or other legal authority.