The department shall maintain a record of all persons given access to confidential birth defects monitoring program information including: the name of the person authorizing access, the person given access, dates of access, and the specific purpose for which information will be used.
Before birth defects monitoring program information is disclosed to any other person, agency or organization, the requesting party must demonstrate to the department that the entity has established procedures and has the ability to maintain confidentiality.
The confidential information under the birth defects monitoring program shall not be available by subpoena. Confidential information may not be disclosed, discoverable, or compelled to be produced in any court proceeding nor is it admissible as evidence in any court proceeding.
Where a wife is inseminated artificially with semen donated by a man other than her husband, the physician and surgeon must retain the husband's consent form as part of the medical record. The record must be kept confidential and in a sealed file. However, the physician and surgeon's failure to do so does not affect the father and child relationship. All papers and records pertaining to the insemination, whether part of the permanent record of a court or of a file held by the supervising physician and surgeon or elsewhere, are subject to inspection only through a court order.
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.
Every physician, surgeon or other attending person shall report to the department occurrences of newborns diagnosed as having had rhesus isoimmunization hemolytic disease.
Safe-surrender site personnel must ensure a medical screening exam and any necessary medical care is provided to child and notify child protective services within 48 hours of obtaining physical custody of the child, and provide any medical information obtained pertinent to the child's health. No consent is required to provide the child with medical care.
