Current through Vol. 24-21, December 1, 2024
Section R. 325.9054 - Confidentiality of reportsRule 4.
(1) The department shall maintain the confidentiality of all reports of cancer submitted to the department and shall not release such reports, or any information which, because of name, identifying number, mark, or description, can be readily associated with a particular individual, except in accordance with subrules (2), (3), (4), and (5) of this rule. The department shall not release any information that would indicate whether or not the name of a particular person is listed in the cancer registry, except in accordance with subrules (2), (3), (4), and (5) of this rule.(2) A report of cancer submitted to the department concerning a particular individual, and any other information maintained in the cancer reporting system which, because of name, identifying number, mark, or description, can be readily associated with a particular individual, shall be released as follows:(a) To the particular individual upon compliance with both of the following provisions:(i) Receipt of a written request which is signed by the particular individual and which is witnessed or notarized as required by subrule (3) of this rule.(ii) Presentation by the particular individual of suitable identification as required by subrule (4) of this rule.(b) If the particular individual is a minor, to a parent of the particular individual upon compliance with all of the following provisions: (i) Receipt of a written request which is signed by the parent and which is witnessed or notarized as required by subrule (3) of this rule.(ii) Receipt of a certified copy of the birth certificate of the particular individual.(iii) Presentation by the parent of suitable identification as required by subrule (4) of this rule.(c) If the particular individual has a court-appointed guardian or if the particular individual is deceased, to the court-appointed guardian or to the executor or administrator of the particular individual's estate upon compliance with all the following provisions: (i) Receipt of a written request which is signed by the court-appointed guardian, executor, or administrator and which is witnessed or notarized as required by subrule (3) of this rule.(ii) Receipt of a certified copy of the order or decree which appoints the guardian, executor, or administrator.(iii) Presentation by the guardian, executor, or administrator of suitable identification as required by subrule (4) of this rule.(d) To an attorney or other person designated by the particular individual upon compliance with both of the following provisions:(i) Receipt of a written request which is signed by the particular individual, which is witnessed or notarized as required by subrule (3) of this rule, and which requests release of the information to the attorney or other person.(ii) Presentation by the attorney or other person of suitable identification as required by subrule (4) of this rule.(e) To an attorney or other person designated by the court-appointed guardian of the particular individual or designated by the executor or administrator of the estate of the particular individual upon compliance with all of the following provisions: (i) Receipt of a written request which is signed by the court-appointed guardian, executor, or administrator, which is witnessed or notarized as required by subrule (3) of this rule, and which requests release of the information to the attorney or other person.(ii) Receipt of a certified copy of the order or decree which appoints the guardian, executor, or administrator.(iii) Presentation by the attorney or other person of suitable identification as required by subrule (4) of this rule.(f) If the particular individual is a minor, to an attorney or other person designated by the parent of the particular individual upon compliance with all of the following provisions:(i) Receipt of a written request which is signed by the parent, which is witnessed or notarized as required by subrule (3) of this rule, and which requests release of the information to the attorney or other person.(ii) Receipt of a certified copy of the birth certificate of the particular individual.(iii) Presentation by the attorney or other person of suitable identification as required by subrule (4) of this rule.(3) Every written request for the release of information submitted pursuant to subrule (2) of this rule shall be signed by the person making the written request. Such signature shall comply with either of the following provisions: (a) Be witnessed by an employee of the department who has been designated to witness such requests and to whom the person making the request presents suitable identification as required by subrule (4) of this rule.(b) Be notarized by a notary public or magistrate.(4) Any person who is required by subrule (2) or (3) of this rule to present suitable identification shall present an identification document, such as a driver's license, or other document which contains both a picture of the person and the signature or mark of the person.(5) The director of the department may, pursuant to R 325.9055, release information from the cancer reporting system to an authorized representative of a study or research project reviewed by the scientific advisory panel and approved by the director. The department shall not release any part of a patient's medical record obtained pursuant to R 325.9053.Mich. Admin. Code R. 325.9054