§ 130A-476. Access to health information.
§ 130A‑476. Access tohealth information.
(a) Notwithstanding anyother provision of law, a health care provider, a person in charge of a healthcare facility, or a unit of State or local government may report to the StateHealth Director or a local health director any events that may indicate theexistence of a case or outbreak of an illness, condition, or health hazard thatmay have been caused by a terrorist incident using nuclear, biological, orchemical agents. Events that may be reported include unusual types or numbersof symptoms or illnesses presented to the provider, unusual trends in healthcare visits, or unusual trends in prescriptions or purchases of over‑the‑counterpharmaceuticals. To the extent practicable, a person who makes a report underthis subsection shall not disclose personally identifiable information. Aperson disclosing or not disclosing information pursuant to this subsection isimmune from any civil or criminal liability that might otherwise be incurred orimposed based on the disclosure or lack of disclosure provided that the healthcare provider was acting in good faith and without malice. In any proceedinginvolving liability, good faith and lack of malice are presumed.Notwithstanding the foregoing, if a health care provider or unit of State orlocal government willfully does not disclose information pursuant to thissubsection, the immunity from civil or criminal liability provided under thissubsection shall not be available if the person had actual knowledge that acondition or illness was caused by use of a nuclear, biological, or chemicalweapon of mass destruction as defined in G.S. 14‑288.21(c).
(b) The State HealthDirector may issue a temporary order requiring health care providers to reportsymptoms, diseases, conditions, trends in use of health care services, or otherhealth‑related information when necessary to conduct a public healthinvestigation or surveillance of an illness, condition, or health hazard thatmay have been caused by a terrorist incident using nuclear, biological, orchemical agents. The order shall specify which health care providers mustreport, what information is to be reported, and the period of time for whichreporting is required. The period of time for which reporting is requiredpursuant to a temporary order shall not exceed 90 days. The Commission mayadopt rules to continue the reporting requirement when necessary to protectthe public health.
(c) Health careproviders and persons in charge of health care facilities or laboratoriesshall, upon request and proper identification, permit the State Health Directoror a local health director to examine, review, and obtain a copy of recordscontaining confidential or protected health information, or a summary ofpertinent portions of those records, (i) that pertain to a report authorized bysubsection (a) or required by subsection (b) of this section, or (ii) that, inthe opinion of the State Health Director or local health director, arenecessary for an investigation of a case or outbreak of an illness, condition,or health hazard that may have been caused by a terrorist incident usingnuclear, biological, or chemical agents.
(d) A person who makesa report pursuant to subsection (b) of this section or permits examination,review, or copying of medical records pursuant to subsection (c) of thissection is immune from any civil or criminal liability that otherwise might beincurred or imposed as a result of complying with those subsections.
(e) Confidential orprotected health information received by the State Health Director or a localhealth director pursuant to this section shall be confidential and shall not bereleased, except when the release is:
(1) Made pursuant toany other provision of law;
(2) To another federal,state, or local public health agency for the purpose of preventing orcontrolling a public health threat; or
(3) To a court or lawenforcement official or law enforcement officer for the purpose of enforcingthe provisions of this Chapter or for the purpose of investigating a terroristincident using nuclear, biological, or chemical agents. A court or lawenforcement official or law enforcement officer who receives the informationshall not disclose it further, except (i) when necessary to conduct aninvestigation of a terrorist incident using nuclear, biological, or chemicalagents, or (ii) when the State Health Director or a local health director seeksthe assistance of the court or law enforcement official or law enforcementofficer in preventing or controlling the public health threat and expresslyauthorizes the disclosure as necessary for that purpose.
(f) Repealed bySession Laws 2004‑124, s. 10.34(a), effective January 1, 2005.
(g) In this section thefollowing terms shall include:
(1) "Health careprovider" includes a physician licensed to practice medicine in NorthCarolina or a person who is licensed, certified, or credentialed to practice orprovide health care services, including, but not limited to, pharmacists,dentists, physician assistants, registered nurses, licensed practical nurses,advanced practice nurses, chiropractors, respiratory care therapists, andemergency medical technicians; and
(2) "Health carefacility" includes hospitals, skilled nursing facilities, intermediatecare facilities, psychiatric facilities, rehabilitation facilities, home healthagencies, ambulatory surgical facilities, or any other health care relatedfacility, whether publicly or privately owned. (2002‑179, s. 1; 2004‑80, s. 7; 2004‑124,s. 10.34(a).)