26:5C-12 - Consent to disclose record of deceased, incompetent person

26:5C-12  Consent to disclose record of deceased, incompetent person.

8.When consent is required for disclosure of the record of a deceased or legally incompetent person who has or is suspected of having AIDS or HIV infection, consent may be obtained:

a.From an executor, administrator of the estate, or authorized representative of the legally incompetent or deceased person;

b.From the person's spouse, domestic partner as defined in section 3 of P.L.2003, c.246 (C.26:8A-3), primary caretaking partner or, if none, by another member of the person's family; and

c.From the commissioner in the event that a deceased person has neither an authorized representative or next-of-kin.

L.1989,c.303,s.8; amended 2003, c.246, s.30.