New Jersey Statutes 26:5C-8. Disclosure of AIDS, HIV records, information
Terms Used In New Jersey Statutes 26:5C-8
- person: includes corporations, companies, associations, societies, firms, partnerships and joint stock companies as well as individuals, unless restricted by the context to an individual as distinguished from a corporate entity or specifically restricted to one or some of the above enumerated synonyms and, when used to designate the owner of property which may be the subject of an offense, includes this State, the United States, any other State of the United States as defined infra and any foreign country or government lawfully owning or possessing property within this State. See New Jersey Statutes 1:1-2
- State: extends to and includes any State, territory or possession of the United States, the District of Columbia and the Canal Zone. See New Jersey Statutes 1:1-2
b. If the prior written consent of the person who is the subject of the record is not obtained, the person’s records shall be disclosed only under the following conditions:
(1) To qualified personnel for the purpose of conducting scientific research, but a record shall be released for research only following review of the research protocol by an Institutional Review Board constituted pursuant to federal regulation 45 C.F.R. 46.101 et seq. The person who is the subject of the record shall not be identified, directly or indirectly, in any report of the research and research personnel shall not disclose the person’s identity in any manner.
(2) To qualified personnel for the purpose of conducting management audits, financial audits, or program evaluation, but the personnel shall not identify, directly or indirectly, the person who is the subject of the record in a report of an audit or evaluation, or otherwise disclose the person’s identity in any manner. Identifying information shall not be released to the personnel unless it is vital to the audit or evaluation.
(3) To qualified personnel involved in medical education or in the diagnosis and treatment of the person who is the subject of the record. Disclosure is limited to only personnel directly involved in medical education or in the diagnosis and treatment of the person.
(4) To the department as required by State or federal law.
(5) As permitted by rules and regulations adopted by the commissioner for the purposes of disease prevention and control.
(6) In all other instances authorized by State or federal law.
L.1989, c.303, s.4; amended 2013, c.103, s.73.