HOUSE OF REPRESENTATIVES |
H.B. NO. |
2373 |
TWENTY-NINTH LEGISLATURE, 2018 |
H.D. 2 |
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STATE OF HAWAII |
S.D. 1 |
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C.D. 1 |
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A BILL FOR AN ACT
RELATING TO THE SHARING OF VITAL STATISTICS RECORDS WITH DEPARTMENT OF HEALTH PROGRAM EMPLOYEES FOR APPROVED RESEARCH PURPOSES.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 338, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:
"§338- Sharing of vital statistics records with
department of health program employees for approved research purposes. (a)
Notwithstanding section 338-18, the department may disclose public
health statistics records to persons who are employed by department of health
programs, acting within the scope of their employment, who need to use a public
health statistics record for research purposes, as approved by the department
of health's institutional review committee.
Upon the institutional review committee′s approval, the department
may disclose the following to department employees as specified in this section:
(1) Names,
addresses, and contact information in the record for the purpose of contacting
persons identified in the record to request informed consent to use additional
specified information in the record.
Upon confirmation of informed consent, the additional specified
information in the record may be disclosed and used for approved research
purposes; and
(2) Information in
the record as approved by the institutional review committee without informed
consent of persons identified in the record; provided that the institutional
review committee:
(A) Identifies
the information in the record for which disclosure is sought;
(B) Determines
that obtaining informed consent is not practicable; and
(C) Determines
that there is a public health purpose for the approved research that
substantially outweighs the
confidentiality interest of persons identified in the record.
(c) Requirements for informed consent shall be
determined by the department's institutional review committee as part of its
approval of the research purposes for which the information in the record will
be disclosed and used.
(d) Information disclosed pursuant to this
section may only be re-disclosed:
(1) With
authorization from the institutional review committee; or
(2) If the record
has been redacted of identifying personal information.
(e) For the purposes of this section, "department" means the department of health."
SECTION 2. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
Report Title:
Vital Statistics Records; Disclosure within the Department for Approved Research Purposes
Description:
Authorizes the Department of Health, under specified circumstances, to disclose information in public health statistics records to Department employees acting within the scope of their employment for approved research purposes upon approval by the Department's Institutional Review Committee. Establishes conditions under which those records may be disclosed with and without informed consent. (HB2373 CD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.