§ 23-6.3-8. Protection of records.
(a) Providers of health care, public health officials, and any other person who maintains
records containing information on HIV test results of individuals are responsible
for maintaining full confidentiality of this data and shall take appropriate steps
for their protection, including:
(1) Keeping records secure at all times and establishing adequate confidentiality safeguards
for any records electronically stored;
(2) Establishing and enforcing reasonable rules limiting access to these records; and
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§ 23-6.3-8. Protection of records.
(a) Providers of health care, public health officials, and any other person who maintains
records containing information on HIV test results of individuals are responsible
for maintaining full confidentiality of this data and shall take appropriate steps
for their protection, including:
(1) Keeping records secure at all times and establishing adequate confidentiality safeguards
for any records electronically stored;
(2) Establishing and enforcing reasonable rules limiting access to these records; and
(3) Training persons who handle records in security objectives and technique.
(b) The department shall evaluate reports of HIV/AIDS for completeness and potential referrals
for service. All case reports shall be kept in a confidential and secure setting.
An HIV/AIDS policy and protocol for security shall be developed and implemented by
the department for this purpose.
(c) The department shall evaluate its procedures for HIV/AIDS reporting on a continuous
basis for timeliness, completeness of reporting, and security of confidential information.
(d) The department shall develop a protocol that shall be in accordance with the most
recent recommendations of the CDC's Guidelines for National Human Immunodeficiency
Virus Case Surveillance, including monitoring for Human Immunodeficiency Virus infection
and Acquired Immunodeficiency Syndrome, pertaining to patient records and confidentiality;
provided, however, that in no event shall the protocol be less protective than that
required by state law.
(e) All reports and notifications made pursuant to this section shall be confidential
and protected from release except under the provisions of law. Any person aggrieved
by a violation of this section shall have a right of action in the superior court
and may recover for each violation.