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This entry was published on 2014-09-22
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SECTION 2306
Sexually transmitted diseases; reports and information, confidential
Public Health (PBH) CHAPTER 45, ARTICLE 23, TITLE 1
§ 2306. Sexually transmitted diseases; reports and information,
confidential. All reports or information secured by a board of health or
health officer under the provisions of this article shall be
confidential except in so far as is necessary to carry out the purposes
of this article. Such report or information may be disclosed by court
order in a criminal proceeding in which it is otherwise admissible or in
a proceeding pursuant to article ten of the family court act in which it
is otherwise admissible, to the prosecution and to the defense, or in a
proceeding pursuant to article ten of the family court act in which it
is otherwise admissible, to the petitioner, respondent and attorney for
the child, provided that the subject of the report or information has
waived the confidentiality provided for by this section except insofar
as is necessary to carry out the purposes of this article. Information
may be disclosed to third party reimbursers or their agents to the
extent necessary to reimburse health care providers for health services;
provided that, when necessary, an otherwise appropriate authorization
for such disclosure has been secured by the provider. A person waives
the confidentiality provided for by this section if such person
voluntarily discloses or consents to disclosure of such report or
information or a portion thereof. If such person lacks the capacity to
consent to such a waiver, his or her parent, guardian or attorney may so
consent. An order directing disclosure pursuant to this section shall
specify that no report or information shall be disclosed pursuant to
such order which identifies or relates to any person other than the
subject of the report or information. Reports and information may be
used in the aggregate in programs approved by the commissioner for the
improvement of the quality of medical care provided to persons with
sexually transmitted diseases; or with patient identifiers when used
within the state or local health department by public health disease
programs to assess co-morbidity or completeness of reporting and to
direct program needs, in which case patient identifiers shall not be
disclosed outside the state or local health department except as
otherwise provided for in this section.