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Home » 2011 Issues » Vol. 2011, No. 12 (06/15/2011) » No. 34856 (Amendment): Rule R251-102. Release of Communicable Disease Information

  No. 34856 (Amendment): Rule R251-102. Release of Communicable Disease Information  

  • (Amendment)

    DAR File No.: 34856
    Filed: 05/19/2011 04:32:02 PM

    RULE ANALYSIS

    Purpose of the rule or reason for the change:

    The proposed amendment updates statutory citation, as well as amends the rule to allow the provision of AIDS/HIV test results to the Department of Health as required by statute.

    Summary of the rule or change:

    The change incorporates Sections 63G-3-201 and 64-13-10 into the rule authorization references. The rule also allow the department to provide the results of AIDS/HIV test results to the Department of Health, as required in Section 64-13-36.

    State statutory or constitutional authorization for this rule:

    Anticipated cost or savings to:

    the state budget:

    There are no costs or savings to the state budget. Because a mechanism already exists to provide medical file information to authorized individuals, providing a subset of that information to the Department of Health will be a cost neutral addition.

    local governments:

    There are no costs or savings to local government. Because a mechanism already exists to provide medical file information to authorized individuals, providing a subset of that information to the Department of Health will be a cost neutral addition.

    small businesses:

    There are no costs or savings to small businesses. Because a mechanism already exists to provide medical file information to authorized individuals, providing a subset of that information to the Department of Health will be a cost neutral addition.

    persons other than small businesses, businesses, or local governmental entities:

    There are no costs for other persons. Because a mechanism already exists to provide medical file information to authorized individuals, providing a subset of that information to the Department of Health will be a cost neutral addition.

    Compliance costs for affected persons:

    There are no compliance costs associated with this rule change. Because a mechanism already exists to provide medical file information to authorized individuals, providing a subset of that information to the Department of Health will be a cost neutral addition.

    Comments by the department head on the fiscal impact the rule may have on businesses:

    Aside from the statutory citation updates, this rule is required by updated state statute. The process is already implemented, and, as it does not involve the private sector, there are no anticipated impacts on businesses.

    Thomas Patterson, Executive Director

    The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

    Corrections
    Administration
    14717 S MINUTEMAN DR
    DRAPER, UT 84020-9549

    Direct questions regarding this rule to:

    Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

    07/15/2011

    This rule may become effective on:

    08/11/2011

    Authorized by:

    Thomas Patterson, Executive Director

    RULE TEXT

    R251. Corrections, Administration.

    R251-102. Release of Communicable Disease Information.

    R251-102-1. Authority and Purpose.

    (1) This rule is authorized under Sections 63G-3-201, 64-13-10, and 64-13-36(3)(a) of the Utah Code.

    (2) The purpose of this rule is to designate the persons who will be permitted access to information in Department of Corrections inmate medical files.

     

    R251-102-2. Definitions.

    (1) "AIDS" means Acquired Immunodeficiency Syndrome.

    (2) "Communicable Disease" means any of a group of diseases easily transmitted from one person to another.

    (3) "HIV" means Human Immunodeficiency Syndrome.

    (4) "inmates" means offenders in the secure facilities of the Department.

     

    R251-102-3. Access to Information in Medical Files.

    (1) Information in an inmate's medical file may include:

    (a) results of tests conducted for communicable diseases, including AIDS and HIV; and

    (b) information self-admitted by an inmate.

    (2) The Department shall provide information regarding communicable diseases to:

    (a) the Board of Pardons and Parole;

    (b) designated Department Adult Probation and Parole agents; and

    (c) other Department employees, if necessary, based on legitimate penological interests as determined by a division director in consultation with Clinical Services.

    (3) Results of AIDS and HIV tests shall be provided to the Department of Health as outlined in Section 64-13-36.

     

    KEY: medical records, communicable diseases, corrections

    Date of Enactment or Last Substantive Amendment: [January 4, 2001]2011

    Notice of Continuation: November 30, 2010

    Authorizing, and Implemented or Interpreted Law: 64-13-10; 64-13-36; 63G-3-201

     

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Document Information

Effective Date:
8/11/2011
Publication Date:
06/15/2011
Filed Date:
05/19/2011
Agencies:
Corrections,Administration
Rulemaking Authority:

Section 64-13-36

Section 63G-3-201

Section 64-13-10

Authorized By:
Thomas Patterson, Executive Director
DAR File No.:
34856
Related Chapter/Rule NO.: (1)
R251-102. Release of Communicable Disease Information.