§ 25-01.3-10 — Confidentiality and privileged information

North Dakota § 25-01.3-10

• Jurisdiction: North Dakota
• Title 25: Mental and Physical Illness or Disability
• Ch. 25-01.3: Committee on Protection and Advocacy

Text

1. 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; or
d. 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.