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THE SENATE |
S.B. NO. |
2800 |
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TWENTY-NINTH LEGISLATURE, 2018 |
S.D. 1 |
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STATE OF HAWAII |
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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, and need 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 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. If
informed consent is provided, the additional specified information in the
record may be disclosed; and
(2) Information in
the record as approved by the institutional review committee without informed
consent of persons identified in the record so long as the institutional review
committee:
(A) Identifies
the information in the record that may be shared;
(B) Determines
that obtaining informed consent is not practicable; and
(C) Determines
that there is a public health purpose of the research that outweighs the confidentiality interest of persons identified in
the record.
(b) For purposes of this chapter, research
purposes are those that have been approved by the department's institutional
review committee.
(c) For purposes of this section, the
requirements for informed consent shall be determined by the department′s
institutional review committee in its approval of the research purposes for
which the information in the record will be shared.
(d) Information disclosed pursuant to this section may only be redisclosed with authorization from the institutional review committee or if it is first de-identified."
SECTION 2. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
Report Title:
Department of Health; Vital Statistics Records; Internal Disclosure for Approved Research Purposes
Description:
Authorizes the Department of Health to disclose public health statistics records internally within the Department for approved research purposes and establishes conditions under which those records may be disclosed with and without informed consent. (SD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.