§ 23-01.3-06 — Disclosure for law enforcement purposes

North Dakota § 23-01.3-06

• Jurisdiction: North Dakota
• Title 23: Health and Safety
• Ch. 23-01.3: Health Information Protection

Text

1. Notwithstanding any other law, a public health authority, or the agent of any such
entity, may disclose protected health information to a law enforcement authority if the
department of health and human services determines that:
a. The protected health information is necessary to a legitimate law enforcement
inquiry that has begun or may be initiated into a particular violation of a criminal
law or public health law being conducted by the authority; and
b. The investigative or evidentiary needs of the law enforcement authority cannot be
satisfied by nonidentifiable health information or by any other information.
2. If a public health authority discloses protected health information under this section,
that authority shall impose appropriate written safeguards to ensure the confidentiality
of the information and to protect against unauthorized or improper use or disclosure.
3. Protected health information about an individual that is disclosed under this section
may not be used in, or disclosed to any person for use in, any administrative, civil, or
criminal action or investigation directed against the individual, unless the action or
investigation arises out of, or is directly related to, the law enforcement inquiry for
which the information was obtained.
4. When the matter or need for which protected health information was disclosed to a law
enforcement authority or grand jury has concluded, including any derivative matters
arising from that matter or need, the law enforcement authority or grand jury must
either destroy the protected health information or return it to the person from whom it
was obtained.
5. To the extent practicable, and consistent with the requirements of due process, a law
enforcement authority shall redact personally identifying information from protected
health information prior to the public disclosure of that protected information in a
judicial or administrative proceeding.
6. Any disclosure of protected health information under this section must be limited to the
minimum amount of information necessary to fulfill the purposes of this section.
7. A recipient of information pursuant to this section may use or disclose that information
solely to fulfill the purposes of this section.
8. Protected health information disclosed under this section must be clearly identified as
protected health information that is subject to this chapter.
9. This section may not be construed to limit or restrict the ability of law enforcement
authorities to gain information while in hot pursuit of a suspect or if other exigent
circumstances exist.