§ 10-620.4 — Contents of rules and procedures.

A. The rules promulgated and the procedures and forms adopted pursuant to this act shall include, but not be limited to: 1. Provision for the maintenance, transfer and release of confidential information; 2. Compliance with all applicable state and federal laws and regulations regarding the transfer and release of confidential information; 3. If not otherwise specifically limited by law, authorization for the transfer or release of confidential information only pursuant to paragraph 5 of this subsection, a court order or an informed consent for the transfer or release of said information that has been executed by: a. the parent or guardian of the child or other person authorized by state or federal law to execute said consent, if the subject of the confidential information is a child, or b. the individual who is the subject of said confidential information or other person authorized by law to execute said consent on his behalf, if the subject of the confidential information is an adult; 4. Establishment of a uniform informed consent form and uniform procedures for obtaining informed consents, which shall include, but not be limited to, information which shall be provided to a person executing an informed consent prior to such execution; 5. Establishment of uniform procedures for authorizing access to confidential information for the purpose of gathering statistical information or conducting studies or research as otherwise authorized by law; 6. Establishment of uniform charges, if any, for the costs of copying and mailing records; 7. Provision for the maintenance of the confidentiality of information by persons and agencies receiving confidential information; and 8. Compliance with the provisions of the Administrative Procedures Act. B. The uniform rules may include special rules for particular programs which are subject to federal rules.

Legislative History

Added by Laws 1990, c. 330, § 4, eff. Sept. 1, 1990.