00SENATE CS FOR HOUSE BILL NO. 114(RLS)                                                                                   
01 "An Act relating to health care data and registration of births."                                                       
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
03    * Section 1.  AS 09.65 is amended by adding a new section to read:                                                   
04  Sec. 09.65.161.  Immunity for disclosure of required health care data.  A                                             
05 person who reports health care data required to be reported under AS 18.05 and                                          
06 regulations adopted under that chapter for conditions or diseases of public health                                      
07 significance may not be held liable for the disclosure to the Department of Health and                                  
08 Social Services or for the use of the data by the department.                                                           
09    * Sec. 2.  AS 18.05 is amended by adding a new section to read:                                                      
10  Sec. 18.05.042.  Access to health care records.  (a)  The department may,                                             
11 during reasonable business hours, inspect health care records maintained by physicians                                  
12 and other health care professionals, hospitals, out-patient clinics, nursing homes, and                                 
13 other facilities or agencies providing health care services to patients that would identify                             
14 patients or establish characteristics of an identified patient with cancer required to be                               

01 reported under 42 U.S.C. 280e - 280e-4, or a birth defect or infectious disease required                                
02 to be reported to protect the public health under this chapter and regulations adopted                                  
03 under this chapter.  Disclosure of these health care records to the department does not                                 
04 constitute a breach of patient confidentiality.                                                                         
05  (b)  The department may conduct research using health care data reported under                                        
06 (a) of this section.  The department may provide data obtained under (a) of this section                                
07 to other persons for clinical, epidemiological, or other public health research.                                        
08  (c)  Data obtained or a record inspected under this section that identifies a                                         
09 particular individual                                                                                                   
10   (1)  is confidential;                                                                                                
11   (2)  may not be further disclosed to other persons except by the                                                     
12 department under (b) of this section; and                                                                               
13   (3)  is not subject to inspection or copying under AS 09.25.110 -                                                    
14 09.25.125.                                                                                                              
15    * Sec. 3.  AS 18.50.160(a) is repealed and reenacted to read:                                                        
16  (a)  A certificate of birth for each live birth that occurs in the state shall be                                     
17 filed with the bureau, as provided in this section, within five days after the birth.                                   
18 When a birth occurs on a moving conveyance within the United States and the child                                       
19 is first removed from the conveyance in this state, the birth shall be registered in this                               
20 state and the place where the child is first removed shall be considered the place of                                   
21 birth.  When a birth occurs on a moving conveyance in international waters,                                             
22 international air space, a foreign country, or a foreign country's air space and the child                              
23 is first removed from the conveyance in this state, the birth shall be registered in this                               
24 state but the certificate shall show the actual place of birth if the place can be                                      
25 determined.                                                                                                             
26    * Sec. 4.  AS 18.50.160(b) is repealed and reenacted to read:                                                        
27  (b)  When a birth occurs in or en route to an institution, the person in charge                                       
28 of the institution or a designated representative of the person in charge of the                                        
29 institution shall obtain the personal data, prepare the certificate, certify that the child                             
30 was born alive at the place and time and on the date stated either by signature on the                                  
31 certificate or another certification process, including an electronic process, approved                                 

01 by the bureau, and file the certificate as directed in (a) of this section.  The physician                              
02 or other person in attendance shall provide the medical information required by the                                     
03 certificate within 72 hours after the birth.