R386. Health, Community and Family Health Services.
R386-800. Immunization Coordination.
R386-800-1. Authority and Purpose.
(1) This rule is authorized by Title 26, Chapter 6, Communicable Disease Control, and Title 26, Chapter 3, Health Statistics.
(2) It establishes a system to coordinate immunizations among health care providers to assure adequate immunization and to avoid unnecessary immunizations. It provides for the sharing of immunization information among authorized health care providers, health insurers, schools, day care centers, and publicly funded programs to meet statutory immunization requirements and to control disease outbreaks.
(3) It establishes a requirement allowing individuals to withdraw from the system.
(4) It establishes confidentiality requirements and lists penalties for violations.
R386-800-2. Participation by Individuals.
(1) Individual participation in the immunization coordination system is voluntary. The immunization records of all children in Utah may be included in the system unless the individual or parent or guardian withdraws. An individual or his or her parent or guardian may withdraw from the system at any time.
(2) An individual who has given prior affirmative consent to participate in the system will be included until such time as he or she withdraws from the system.
R386-800-3. Participation by Organizations.
(1) Health care providers, health insurers, schools, day care centers, and publicly funded programs can apply to participate in the system. An authorized organizational participant must sign a participation agreement and abide by its requirements.
(2) No person or individual is required to access the system to coordinate immunizations.
Organizations that participate in the program shall inform individuals or parents or guardians, about the system and provide information about the right to withdraw from of the system as required in the participation agreement. This notice must be provided directly to parents or guardians when issuing birth certificates.
(1) The Department of Health shall provide withdrawal forms and contact information to individuals, parents or guardians, and organizational participants.
(2) Organizational participants shall make the forms and contact information available to individuals or their parents or guardians as required by the participation agreement, but are not responsible to assure that the individual is withdrawn from the system.
R386-800-6. Access and Confidentiality.
(1) Organizational participants may access identifiable patient information in the system only as required to assure adequate immunization of a patient, to avoid unnecessary immunizations, to confirm compliance with mandatory immunization requirements, and to control disease outbreaks.
(2) All other access is restricted by Title 26, Chapter 6, Communicable Disease Control, and Title 26, Chapter 3, Health Statistics.
(1) Organizational participants report immunization records to the system under the authority of the Communicable Disease Control Act.
(2) An organizational participant who reports information in good faith pursuant to this rule is not liable for reporting the immunization information to the Department of Health for use in the system.
R386-800-8. Penalties for Violation.
As required by Section 63-46a-3(5): Any person who violates any provision of this rule may be assessed a civil money penalty not to exceed the sum of $5,000 or be punished for violation of a class B misdemeanor for the first violation and for any subsequent similar violation within two years for violation of a class A misdemeanor as provided in § 26-23-6.
KEY: immunization data reporting, consent