UT2009HB81

H.B. 81 Health Care Patient Identity Protection

Key Points

 * Requires medical facilities to request identification for patients and those giving consent for patients who lack the capacity to consent to treatment.
 * Prohibits medical facilities from turning away patients who don't provide identification.
 * Prohibits penalties or private right of action if medical facilities fail to ask for identification.
 * Allows medical facilities to document or confirm patient identity by photographing, fingerprinting, palm scan, or other reasonable means.
 * This entire section would be added to the Utah Health Code as section 26-21-25.

Apprehensions
The part about allowing photographing and fingerprinting, etc., has me quite nervous. I am also confused as to the purpose of the bill since it states that medical facilities must ask for identification but then imposes no penalties whatsoever for not asking for identification and doesn't allow them to refuse service if the patient denies their request.

Letter to Rep. Sandstrom
I am writing regarding your sponsored legislation HB0081. I am a member of the Campaign for Liberty. The Utah members of this organization are reviewing the upcoming bills for the 2009 session in order to provide the information to our members and anyone else who is concerned about them. I have a couple questions regarding the bill.

First of all, I am wondering why this bill requires medical facilities to ask for identification, but seemingly provides no penalty for them if they fail to do so. What is the purpose if it doesn't provide for means of enforcement?

Secondly, I am concerned that the bill allows medical facilities to photograph, fingerprint, palm scan, etc., their patients in order to document patient identification. I believe this compromises the privacy of individuals. Can you explain how you believe this would affect individual's privacy?

Thank you for reading and considering my questions. I would appreciate a prompt reply so I can pass the information on to the members of my organization.

Meili will post a reply to the letter when she receives one.

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