Ala. Admin. Code r. 420-4-1-.09

Current through Register Vol. 43, No. 1, October 31, 2024

Section 420-4-1-.09 - Notification Of Law Enforcement, National Security Or Federal Public Health Authorities

In circumstances potentially or actually affecting national security, the State Health Officer or his or her designee is authorized to notify appropriate local, county, state, or federal law enforcement authorities, other agencies charged to protect national security, or federal public health agencies under the following conditions.

(1) As it relates to a patient or human laboratory subject of the Department, when the State Health Officer, by and through employees of the Department, learns by way of laboratory analysis, investigation, or otherwise of the presence of, or absence of, any notifiable disease relating to a patient of or laboratory subject of the Department, notification may be made to such authorities without the consent of the patient or laboratory subject of the presence of, or absence of, any notifiable disease when the State Health Officer determines in writing that such notification concerns a matter as potentially or actually affecting national security.

(2) Such notification as provided for in this rule may only be made to the above specified law enforcement, national security, or federal public health authorities and in such a manner as to best protect the confidentiality of the patient or laboratory subject when balanced against the interests of aiding the protection of national security.

(3) As it relates to non-human subjects, when the State Health Officer, by and through the State Laboratory or environmental or epidemiological staff, shall be called upon by such law enforcement or national security authorities to make or perform tests, examinations of, or investigations of objects, environs, animals, or other animate or inanimate non-human subjects for the presence or absence of conditions or modalities causative of or suspected of being causative of any notifiable disease, reports of such tests, examinations, or investigations shall be made only to such law enforcement, national security, or national public health authorities, and directly to affected persons in a manner consistent with the protection of the confidentiality of directly affected persons when balanced against the interests of aiding the protection of national security.

(4) This rule relates only to matters potentially or actually affecting national security and is not intended to be invoked or effective under any other condition. The invocation or noninvocation of this rule is not intended to affect the normal course of business as such relates to patient or subject confidentiality of laboratory, environmental, or epidemiological analysis, test, examination, or investigation.

Ala. Admin. Code r. 420-4-1-.09

Emergency adoption filed August 21, 1991. Permanent adoption filed October 22, 1991. Amended: Filed December 17, 2008; effective January 21, 2009. Repealed and New Rule: Filed May 26, 2011; effective June 30, 2011.

Amended by Alabama Administrative Monthly Volume XXXIII, Issue No. 03, December 31, 2014, eff. 12/30/2014.

Adopted by Alabama Administrative Monthly Volume XLII, Issue No. 05, February 29, 2024, eff. 4/14/2024.

Rule 420-4-1-.12 was renumbered to .09 as pre certification filed November 25, 2014; effective December 30, 2014. Previous rule 420-4-1-.11 entitled "Spousal Notification Of A Known HIV-Infected Patient" was repealed as per certification filed November 25, 2014; effective December 30, 2014.

Author: John R. Wible, General Counsel

Statutory Authority: Code of Ala. 1975, §§22-2-2(6); 22-11A-38.