§ 130A-143. Confidentiality of records.
§ 130A‑143. Confidentiality of records.
All information and records,whether publicly or privately maintained, that identify a person who has AIDSvirus infection or who has or may have a disease or condition required to bereported pursuant to the provisions of this Article shall be strictlyconfidential. This information shall not be released or made public exceptunder the following circumstances:
(1) Release is made ofspecific medical or epidemiological information for statistical purposes in away that no person can be identified;
(2) Release is made ofall or part of the medical record with the written consent of the person orpersons identified or their guardian;
(3) Release is made tohealth care personnel providing medical care to the patient;
(4) Release is necessaryto protect the public health and is made as provided by the Commission in itsrules regarding control measures for communicable diseases and conditions;
(5) Release is madepursuant to other provisions of this Article;
(6) Release is madepursuant to subpoena or court order. Upon request of the person identified inthe record, the record shall be reviewed in camera. In the trial, the trialjudge may, during the taking of testimony concerning such information, excludefrom the courtroom all persons except the officers of the court, the partiesand those engaged in the trial of the case;
(7) Release is made bythe Department or a local health department to a court or a law enforcementofficial for the purpose of enforcing this Article or Article 22 of thisChapter, or investigating a terrorist incident using nuclear, biological, orchemical agents. A law enforcement official who receives the information shallnot disclose it further, except (i) when necessary to enforce this Article or Article22 of this Chapter, or when necessary to conduct an investigation of aterrorist incident using nuclear, biological, or chemical agents, or (ii) whenthe Department or a local health department seeks the assistance of the lawenforcement official in preventing or controlling the spread of the disease orcondition and expressly authorizes the disclosure as necessary for thatpurpose;
(8) Release is made bythe Department or a local health department to another federal, state or localpublic health agency for the purpose of preventing or controlling the spread ofa communicable disease or communicable condition;
(9) Release is made bythe Department for bona fide research purposes. The Commission shall adoptrules providing for the use of the information for research purposes;
(10) Release is madepursuant to G.S. 130A‑144(b); or
(11) Release is madepursuant to any other provisions of law that specifically authorize or requirethe release of information or records related to AIDS. (1983, c. 891, s. 2; 1987, c.782, s. 13; 2002‑179, s. 7.)