THE SENATE

S.B. NO.

2800

TWENTY-NINTH LEGISLATURE, 2018

 

STATE OF HAWAII

 

 

 

 

 

 

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 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.  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 with be shared.

     (d)  Information disclosed pursuant to this section may only be re-disclosed 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.

 

INTRODUCED BY:

_____________________________

 

 

BY REQUEST


 


 

Report Title:

Vital Statistics Records; Disclosure within the Department for Approved Research Purposes

 

Description:

Authorizes the Department of Health to disclose public health statistics records internally within the Department of Health for approved research purposes.  Permits the Department of Health to disclose information from a public health statistics record for the purpose of contacting persons identified in the record to request further information.  If consent is obtained, additional information from the record may be disclosed.  Information may also be disclosed when the Department's institutional review committee determines that obtaining consent is impracticable and the public health purpose outweighs the confidentiality interest in the record.

 

 

 

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