N.J. Admin. Code § 8:57-5.17

Current through Register Vol. 56, No. 21, November 4, 2024

Section 8:57-5.17 - Confidentiality of information

(a) Patient medical information or information concerning reportable events pursuant to any section of this subchapter shall not be disclosed except under the following circumstances:

1. For research purposes, provided that the study is reviewed and approved by the applicable Institutional Review Board, and is done in a manner that does not identify any person, either by name or other identifying data element;

2. With written consent of the person identified;

3. When the Commissioner, or his or her designee, determines that such disclosure is necessary to enforce public health laws or to protect the life or health of a named party, in accordance with applicable State and Federal laws; or

4. Pursuant to a valid court order.

(b) The reports and forms submitted to the Department pursuant to this subchapter contain demographic and medical information related to the Department's investigations and epidemiological studies of TB and shall not be considered "government records" subject to public access or inspection within the meaning of 47:1A-1 et seq. and shall be deemed:

1. "Information relating to medical... history, diagnosis, treatment, or evaluation" within the meaning of Executive Order No. 26, §4(b)1 (McGreevey, August 13, 2002);

2. "Records concerning morbidity, mortality, and reportable diseases of named persons required to be made, maintained or kept by any State or local governmental agency" within the meaning of Executive Order No. 9, §2(c) (Hughes, September 30, 1963); and/or

3. Information "for use in the field of forensic pathology or for use in medical or scientific education or research" pursuant to 47:1A-1.1.

N.J. Admin. Code § 8:57-5.17

Recodified from N.J.A.C. 8:57-5.14 and amended by R.2009 d.107, effective 4/6/2009.
See: 40 N.J.R. 1962(a), 41 N.J.R. 1419(a).
Section was "Confidentiality of records". Rewrote (b).

The adopted version of this section 56 N.J.R. 213(a), effective 1/3/2024 is not yet available