Utah IT Legislation Rundown

Utah Gov. Jon M. Huntsman, Jr. recently signed the following IT-related bills into law:

•  Prohibition of Wireless Communication Device Use in a Motor Vehicle. Prohibits a person from using a handheld wireless communication device for text messaging or electronic mail communication while operating a moving motor vehicle.

• Electronic Communication Harassment Amendment. Modifies the Criminal Code regarding electronic communication harassment by increasing the penalty for repeat offenses, and by providing a greater penalty if the victim is a minor.

• Prohibition on Internet or Mail-order Sales of Tobacco Products. Makes it a violation to cause tobacco products to be ordered or purchased through the Internet or by mail; and establishes civil penalties for a violation of the prohibition against mail-order or Internet tobacco sales.

• Health Care Patient Identity Protection. Requires a medical facility or a health professional office to, prior to providing services to a patient, request identification for the patient; and an individual who consents to the provision of services to the patient, if the patient lacks the capacity to consent, permits a medical facility or a health professional office to use certain methods to document or confirm a patient's identity; prohibits a medical facility or a health professional office that is subject to the federal Emergency Medical Treatment and Active Labor Act (EMTALA) from denying services to an individual on the basis that the individual does not provide identification when requested; provides that a medical facility or a health professional office is not subject to a private right of action for failing to ask for identification; and prohibits the imposition of penalties if a medical facility or a health professional office does not request documentation.

• Controlled Substance Database Amendments. Expands the purposes for which a practitioner or pharmacist may access information on the controlled substance database; grants access to the controlled substance database to a mental health therapist under certain circumstances; permits a practitioner to designate up to three employees, subject to approval by the Division of Occupational and Professional Licensing, who can access the controlled substance database on the practitioner's behalf; provides that a practitioner, or an employee of the practitioner, who obtains information from the controlled substance database may include the information in the patient's medical chart or file and may provide the information to others in accordance with the requirements of the Health Insurance Portability and Accountability Act of 1996; grants rulemaking authority to the Division of Occupational and Professional Licensing; permits the Division of Occupational and Professional Licensing to impose a fee on practitioners who designate an employee to access the controlled substance database, in order to recover the cost of determining whether the employee is a security risk; provides that a person who is a licensed practitioner or a mental health therapist shall be denied access to the database when the person is no longer licensed; provides that a person who is a relative of a deceased individual is not entitled to access information from the database relating to the deceased individual based on the fact or claim that the person is related to, or subrogated to the rights of, the deceased individual.

• Voter Identification for Elections. Requires identification of voters and eliminates certain forms of identification as valid voter identification; requires valid voter identification be presented before a voter may vote; provides for