23-01.3 Health Information Protection
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<![CDATA[CHAPTER 23-01.3HEALTH INFORMATION PROTECTION23-01.3-01. Definitions. As used in this chapter:1."Confidential information" includes any confidential record as defined in subsection 3<br>of section 44-04-17.1, any protected health information, and any other information<br>declared confidential by law.2."Disclose" means to disclose, transfer, permit access to, or otherwise divulge<br>protected health information to any person other than the individual who is the<br>subject of that information and includes the initial disclosure and any subsequent<br>redisclosures of individually identifiable health care information.3."Institutional review board" means any board, committee, or other group formally<br>designated by an institution or public health authority or authorized under federal or<br>state law to review, approve the initiation of, or conduct a periodic review of research<br>programs to assure the protection of the rights and welfare of human research<br>subjects.4."Law enforcement inquiry" means any executive branch investigation or official<br>proceeding inquiring into a violation of, or failure to comply with, any criminal or civil<br>statute or any regulation, rule, or order issued pursuant to such a statute.5."Nonidentifiable health information" means any information that would otherwise be<br>protected health information except that it does not reveal the identity of the<br>individual whose health or health care is the subject of the information and there is<br>no reasonable basis to believe that the information could be used to identify that<br>individual.6."Person" means a government, governmental subdivision of an executive branch<br>agency or authority, corporation, company, association, firm, partnership, society,<br>estate, trust, joint venture, individual, individual representative, tribal government,<br>and any other legal entity.7."Protected health information" means any information, including genetic information,<br>demographic information, and fluid or tissue samples collected from an individual,<br>diagnostic and test results, whether oral or recorded in any form or medium, which:a.Is created or received by a health care provider, health researcher, health plan,<br>health oversight authority, public health authority, employer, health or life<br>insurer, school or university; andb.(1)Relates to the past, present, or future physical or mental health or<br>condition of an individual, including individual cells and their components;<br>the provision of health care to an individual; or the past, present, or future<br>payment for the provision of health care to an individual; and(2)(a)Identifies an individual; or(b)With respect to which there is a reasonable basis to believe that<br>the information can be used to identify an individual.8."Public health authority" means the state department of health, a local public health<br>unit, and any authority or instrumentality of the United States, a tribal government, a<br>state, or a political subdivision of a state, a foreign nation, or a political subdivision of<br>a foreign nation, which is:Page No. 1a.Primarily responsible for public health matters; andb.Primarily engaged in activities such as injury reporting, public health<br>surveillance, and public health investigation or intervention.9."School or university" means an institution or place for instruction or education,<br>including an elementary school, secondary school, or institution of higher learning, a<br>college, or an assemblage of colleges united under one corporate organization or<br>government.10."State" includes the District of Columbia, Puerto Rico, the Virgin Islands, Guam,<br>American Samoa, and the Northern Mariana Islands.11."Writing" or "written" means writing in either a paper-based or computer-based form,<br>including electronic signatures.23-01.3-02. Disclosure of protected health information - In general. Protected healthinformation in possession of a public health authority may be disclosed only as authorized by this<br>chapter or another law of this state explicitly authorizing the disclosure of that information, except<br>that protected health information received or maintained under chapter 23-01.1 may be disclosed<br>only as authorized by that chapter.Subject to section 23-01-15, subsection 1 of section23-07-02.2, and any other requirements of this title, this chapter does not prohibit a public health<br>authority from disclosing protected health information for use in a biomedical research project<br>approved by an institutional review board or a privacy board or protected health information that<br>has been transformed to protect the identity of the patient through coding or encryption if the<br>information is disclosed for use in an epidemiological or statistical study.23-01.3-03. Disclosure of a patient's own record. Repealed by S.L. 2003, ch. 211, </p>
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