Whenever an applicant is denied participation in the alcohol/narcotics diversion program or a terminated for any reason other than the successful completion of the program, and it is determined that the continued practice of physical therapy by that individual creates too great a risk to the public health, safety, and welfare, that fact shall be reported to the executive officer of the board and all documents and information pertaining to and supporting that conclusion shall be provided to the executive officer.
If the program manager determines that a registered nurse, who is denied admission into the diversion program or terminated from the program, presents a threat to the public or his or her own health and safety, the program manager shall report the name and license number, along with a copy of all diversion records for that registered nurse, to the board's enforcement program. Accordingly, the board may use any of the records it receives under in any disciplinary proceeding.
All Board of Registered Nursing and nursing diversion committee records and records of a proceeding pertaining to the participation of a registered nurse in the diversion program shall be kept confidential and are not subject to discovery or subpoena. However, such records are subject to discovery or subpoena if the registered nurse presents a threat to the public or his or her own health and safety, or has waived his or her rights to confidentiality.
All registered nurses shall sign an agreement of understanding that the withdrawal or termination from the diversion program at a time when the program manager or diversion evaluation committee determines the licentiate presents a threat to the public's health and safety shall result in the board’s use of diversion treatment records in disciplinary or criminal proceedings.
The director shall give health facilities 15 days notice to make available to authorized program staff, the medical records of children diagnosed with birth defects and the medical records of their mothers. The medical records of mothers having miscarriages or stillborns shall also be made available.
All information collected for birth defects monitoring program shall be confidential and used only for the purposes stated. Access to such confidential information shall be limited to authorized program staff and persons with valid scientific interest who agree in writing to maintain confidentiality
Any disclosure under this section shall be limited to the information necessary for the purpose stated in the disclosure request and shall only be made upon written agreement that information will be kept confidential, used for the stated purpose, and not further disclosed.
The State Department of Health Services or entities funded by the Prostate Cancer Screening Program shall collect personal and medical information necessary from individuals applying for services under the program. This information will be confidential and shall not be disclosed other than for purposes directly connected with the administration of the program or with prior written consent of the subject. The information may also be disclosed to medical personnel, fiscal intermediaries of the state, state public health agencies to the extent necessary for the group.
The local health officer may notify a person reasonably thought to be the patient's spouse, a person reasonably believed to be the patient's sexual partner, or a person reasonably believed to have shared hypodermic needles with the patient about their HIV exposure without disclosing identifying information about the individual or the physician making the report. All records of such contact shall be destroyed after notification. (e) All information about the identity of the person tested and the identities of persons contacted shall be confidential as long as records are maintained.
A clinical laboratory shall report all CD4+ T-Cell test results that are possibly related to an HIV infection to the local health officer within seven days of the completion of the CD4+ T-Cell test. If provided by the ordering health care provider, the lab report shall include: the patient's name, date of birth, and gender. The local health officer shall inspect each CD4+ T-Cell test report to determine if the test is related to a case of HIV infection.
