Current through 2023 Legislative Sessions
Section 25-01.3-10 - Confidentiality and privileged information1. All information relating to an individual with a disability, including individually identifiable health information, that is in the possession of the committee, project, or any advocate is confidential and is not subject to disclosure, except:a. If an authorization for disclosure is given in writing by each individual with a disability who may be identifiable from the information, or that individual's personal representative;b. In a judicial proceeding when ordered by the presiding judge;c. To a law enforcement officer for a law enforcement purpose, a health oversight agency, or, at the discretion of the committee, to any other legally constituted board or agency serving the interests of an individual with a disability for any other purpose authorized by this chapter, or any other state or federal law; ord. To the parents of a minor who is an eligible person under sections 25-01.3-01 through 25-01.3-12 or legal guardians of the person with a disability except that no information may be disclosed to a person with mental illness who is the subject of the information when such a disclosure is prohibited by state or federal law.2. Unless ordered by a court of competent jurisdiction, the name of an individual who in good faith makes a report or complaint may not be disclosed by the committee or the project.