Ala. Admin. Code r. 420-7-3-.05

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

Section 420-7-3-.05 - Confidentiality Of Data

(1) The clinical records of individual patients submitted to the ASCR shall be confidential and shall not be public records open to inspection. Only state personnel authorized by the State Health Officer and other individuals authorized by the State Health Officer or designee shall have access to the records.

(2) The information contained in the clinical records of individual patients submitted to the ASCR shall be transferred to computer-compatible means of data entry. Only personnel authorized by the ASCR to use computers, terminals, programs, data files, and other computer hardware or software involved in maintaining patient information shall have access to them.

(3) Clinical information in possession of the ASCR may be disclosed in the following circumstances when authorized by the State Health Officer or designee:

(a) Information may be disclosed as provided in the Access to Information for Research Purposes of these Rules;

(b) Information from death certificates may be released to a participating hospital or provider when the hospital or provider requests a death match for confirmation of the reported or suspected deaths of cancer patients treated at that hospital or by that provider. Death match information provided to hospitals or providers shall not be further released by that facility/provider unless it is a cancer control agency or clinical facility for the purpose of obtaining information necessary to complete the cancer or benign brain-related tumor record.

(c) Statistical information and data based on client information may be released by the ASCR as long as no information identifying an individual patient, facility, or provider is released.

(4) Photocopying or other reproduction of any clinical records or reports in the possession of the ASCR containing identifying information, except as may be required in the conduct of the official business of the ASCR, is prohibited.

(5) Any legible documents other than the original incidence reports and abstracts, such as computer printouts or photocopies of any documents containing identifying information, shall also be considered confidential material while in active use, and shall be destroyed by incineration or shredding immediately upon termination of their use by the ASCR.

(6) Original incidence reports, abstracts, and follow-up information submitted shall be retained by the ASCR according to currently accepted practice. All individuals with access to patient information shall be made aware of the privileged and confidential nature of all information submitted to the ASCR.

(7) Patient-specific data may be exchanged with any other cancer control agency or clinical facility for the purpose of obtaining information necessary to complete a case record. This data shall not be further disclosed by that agency or clinical facility.

(8) Follow-up information which is not available from the healthcare facility or provider may be obtained by the ASCR. The healthcare facility/provider may obtain follow-up information from the ASCR.

Author: Reda Wilson

Ala. Admin. Code r. 420-7-3-.05

New Rule: Filed November 17, 1995; effective December 22, 1995. Amended: Filed November 19, 2004; effective December 24, 2004.

Statutory Authority:Code of Ala. 1975, § 22-13-1.