North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-06 - Reportable Diseases › Chapter 33-06-03 - Health Officer Investigation › Section 33-06-03-04 - Disclosure of records

Current through Supplement No. 393, July, 2024
Information contained in disease control records and held by
				  the state department of health is strictly confidential information.
				  Information contained in disease control records includes all information,
				  records of interviews, written reports, statements, notes, memoranda, or other
				  data procured by the department in connection with disease control, or carried
				  on by the department jointly with other persons, agencies, or organizations, or
				  procured by such other persons, agencies, or organizations, for the purpose of
				  disease control or for such purposes of reducing the morbidity or mortality
				  from any cause or condition of health.
No officer or employee of the state department of health may
				  be examined in any judicial, executive, legislative, or other proceeding
				  regarding the existence or content of any individual's report retained by the
				  department for disease control. The information may not be released, shared
				  with any agency or institution, or made public, upon subpoena, search warrant,
				  discovery proceedings, or otherwise, except that:
1. Medical or epidemiologic information may
				be released for statistical purposes in a manner such that no individual person
				can be identified.
2. Medical or
				epidemiologic information may be released to medical personnel to the extent
				necessary to protect the health or life of any individual.
3. Medical or epidemiologic information may
				be released to the person to whom the record pertains, that person's attending
				physician, or their legal or designated agent or guardian, provided no other
				person is identified. The department may require a signed consent from the
				patient prior to such release.
4.
				Disease control records other than those relating to human immunodeficiency
				virus infection may be released to a person engaged in a bona fide research
				project concerning medical, psychological, or sociological issues provided all
				of the following conditions are met:
a. The
				research project must be sponsored by a public or private college or
				university; a governmental entity; a nonprofit medical, sociological, or
				psychological association; or the pharmaceutical industry.
b. Identifying information may not appear in
				any report, summation, thesis, or other document arising out of the research
				project.
c. Identifying
				information may not be provided to a person engaged in a bona fide research
				project until that person has submitted a written proposal explaining and
				justifying the need to examine such information which is satisfactory to the
				state health officer.
d. All
				documents received by the researcher and all documents containing identifying
				information made by or on behalf of the researcher, by whatever means,
				including hard copies, typewritten or handwritten copies, photocopies,
				facsimiles, and electronic or electromagnetic recording or imaging, must be
				returned to the department on or before a date which shall be set by the state
				health officer.
e. The researcher
				shall submit a written plan explaining how all identifying information in the
				researcher's possession will be kept secure, to the satisfaction of the state
				health officer, who shall obtain written assurance that the plan will be
				implemented.
f. The researcher
				shall agree to provide the state health officer a copy of any report,
				summation, thesis, or other document arising out of the research project for
				departmental review of compliance with this section before providing it to the
				publisher.
g. The researcher shall
				consent in writing to the use and reproduction of the document by the
				department.
h. The researcher
				shall agree in writing to pay all costs of the state health officer or the
				department incurred in providing copy or search services to the researcher.