§3.1. Confidentiality of public health investigations; prohibited disclosure and discovery;
civil penalties
A.All records of interviews, questionnaires, reports, statements, notes, and
memoranda procured by and prepared by employees or agents of the office of public health
or by any other person, agency, or organization acting jointly with that office, including
public or private colleges and universities, in connection with special morbidity and mortality
studies and research investigations to determine any cause or condition of health, and any
documents, records, or other information produced or given to the state health officer in
response to a court order issued pursuant to R.S. 40:8, hereinafter referred to as "confidential
data", are confidential and shall be used solely for statist
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§3.1. Confidentiality of public health investigations; prohibited disclosure and discovery;
civil penalties
A. All records of interviews, questionnaires, reports, statements, notes, and
memoranda procured by and prepared by employees or agents of the office of public health
or by any other person, agency, or organization acting jointly with that office, including
public or private colleges and universities, in connection with special morbidity and mortality
studies and research investigations to determine any cause or condition of health, and any
documents, records, or other information produced or given to the state health officer in
response to a court order issued pursuant to R.S. 40:8, hereinafter referred to as "confidential
data", are confidential and shall be used solely for statistical, scientific, and medical research
purposes relating to the cause or condition of health, or for the purposes of furthering an
investigation pursuant to R.S. 40:8, except as otherwise provided in this Section.
B. All confidential data shall be made available to the state health officer when
necessary for the purpose of controlling nuisances dangerous to the public health, including
but not limited to communicable, contagious, and infectious diseases, as well as illnesses,
diseases, and genetic disorders or abnormalities.
C. The office of public health shall promulgate rules and regulations in accordance
with the Administrative Procedure Act to specify the extent to which confidential data may
be disclosed to other local, state, or federal public health or environmental agencies, or to
corroborating medical researchers, when the confidential information is necessary to carry
out the duties of the agency or researcher in the investigation, control, or surveillance of
disease, as determined by the office of public health.
D. Any disclosure authorized by Subsection C of this Section shall include only the
information necessary for the stated purpose of the requested disclosure, and shall be made
only upon written agreement that the information will be kept confidential and will not be
further disclosed without written authorization of the office of public health.
E. The furnishing of confidential data in accordance with this Section, including the
furnishing or production of documents, records, or other information in good faith in
compliance with a court order issued pursuant to R.S. 40:8, shall not expose any person,
agency, or entity furnishing data to liability and shall not be considered to be the violation
of any privileged or confidential relationship.
F. No part of the confidential data in the possession of the office of public health or
the state health officer shall be available for subpoena nor shall it be disclosed, discoverable,
or compelled to be produced in any civil, criminal, administrative, or other proceeding, nor
shall such records be deemed admissible as evidence in any civil, criminal, administrative,
or other tribunal or court for any reason.
G. Any person who intentionally discloses the content of any confidential data to any
third party, except as authorized in this Section, shall be subject to a civil penalty in an
amount not less than one thousand dollars and not more than five thousand dollars plus court
costs, which shall be paid to the person whose record was unlawfully disclosed. Nothing in
this Section shall prevent a person damaged by an unauthorized intentional disclosure from
collecting civil damages to the extent of any actual damages suffered because of such a
disclosure.
H. Nothing in this Section shall prohibit the publishing by the office of public health
of statistical compilations relating to morbidity and mortality studies which do not identify
individual cases and sources of information or religious affiliations.