North Dakota Code 23-07-02.2 – Confidentiality of reports
A report required by section 23-07-02.1 and held by the department of health and human services is confidential information. The information may not be disclosed, shared with any agency or institution, or made public, upon subpoena, search warrant, discovery proceedings, or otherwise, except that:
Terms Used In North Dakota Code 23-07-02.2
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Individual: means a human being. See North Dakota Code 1-01-49
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
- Subpoena: A command to a witness to appear and give testimony.
1. Disclosure may be made of medical or epidemiological information for statistical purposes in a manner such that no individual person can be identified; 2. Disclosure may be made of medical or epidemiological information to the extent necessary to enforce section 23-07-02.1 and this section and related rules concerning the treatment, control, and investigation of human immunodeficiency virus infection by public health officials; or
3. Disclosure may be made of medical or epidemiological information to medical personnel to the extent necessary to protect the health or life of any individual.
No officer or employee of the department of health and human services may be examined in any judicial, executive, legislative, or other proceeding regarding the existence or content of any individual’s report retained by the department under section 23-07-02.1.