N.D. Admin. Code 75-03-40-23

Current through Supplement No. 395, January, 2025

Section 75-03-40-23 - Confidentiality

1. For purposes of this section, "persons who have a definite interest in the well-being of the residents" include:

a. The resident's custodian, parent, or guardian, except to the extent the parental rights have been terminated or limited by court order;

b. The referring agency that placed a resident in the facility; and

c. An individual or entity identified as a provider of services, as determined by the department, located in the home community of the resident, for the purposes of reunification.

2. Except as otherwise provided in this section, facility records concerning residents who have received, are receiving, or seek to receive facility services must be safeguarded and may be made available only:

a. To personnel of the facility, to the extent reasonably necessary for the performance of their duties;

b. To persons authorized by a custodian, parent, or guardian who may lawfully review a resident's records, to review or receive copies of that resident's records;

c. In a judicial proceeding;

d. As required by law;

e. To officers of the law or other legally constituted boards and agencies; or

f. To persons who have a definite interest in the well-being of the residents concerned, who are in a position to serve their interests, and who need to know the contents of the records to assure their well-being and interests.

3. A facility may not make public or otherwise disclose by electronic, print, or other media for fundraising, publicity, or illustrative purposes, any image or identifying information concerning any current resident or former resident receiving aftercare services or the family of the resident, without first securing the written consent of the custodian and parent or guardian of the resident, or the written consent of an adult who was a former resident of the facility. The facility shall:

a. Ensure the written consent is informative, including full disclosure of how the image or information will be used, including any future use, and specifically must identify the image or information that may be disclosed by reference to dates, locations, and other event-specific information;

b. Inform the individual signing that the individual is free to either grant or refuse to grant consent;

c. Provide a seven-day waiting period during which the consent may be withdrawn by the signing party; and

d. Ensure the consent is time-limited. The written consent must apply to an event that occurs no later than one year from the date the consent was signed.

4. A facility shall disclose its records to the department as requested.

N.D. Admin Code 75-03-40-23

Adopted by Administrative Rules Supplement 374, October 2019, effective 10/1/2019.

Amended by Administrative Rules Supplement 2024-392, April 2024, effective 4/1/2024.

General Authority: NDCC 50-11-03

Law Implemented: NDCC 50-06-15, 50-11-02, 50-11-05