Ga. Comp. R. & Regs. R. 511-2-5-.09 - Confidentiality

(1) All information and records held by the Department and its authorized representatives or any other person relating to HIV infection or cases of AIDS shall be strictly confidential. Such information shall not be released or made public by the Department or its authorized representatives, or by any other person, except that release may be made under the following circumstances:

(a) When made with the consent of the individual, parent or legal guardian, as appropriate, to which the information applies;

(b) When made for statistical purposes, if the medical or epidemiologic information is summarized so that no names or other individually identifying details are revealed;

(c) When made to health care personnel, appropriate state or local agencies, or courts of appropriate jurisdiction, to carry out or enforce the provisions of this Chapter and related rules.

(2) If disclosure is made pursuant to an order of the court, such information shall be sealed and delivered directly to the requesting court. Nothing herein waives the Department's right to contest the validity of any discovery process or order, or to seek protective or limiting orders.

(3) All information given the Department pursuant to this Chapter shall be incorporated in to the Department's public health investigations, studies and reports. The Department specifically invokes its privilege to refuse to disclose the identity of any person furnishing such information, without specific authorization from the individual tested.

Notes

Ga. Comp. R. & Regs. R. 511-2-5-.09

O.C.G.A. Secs. 31-2A-6, 31-17-2, 31-17-3, 31-17-4.2, 24-12-21.

Original Rule entitled "Confidentiality" adopted. F. Oct. 15, 2013; eff. Nov. 4, 2013.