Mich. Admin. Code R. 325.79 - Investigation and collaboration; storage of information; confidentiality

Rule 9.

(1) The department or local public health department, upon receiving a report under subrule (2) of this rule, may investigate to determine the accuracy of the report, a patient's source of drug, and adverse health effects resulting from the poisoning due to drugs.

(2) The department and local public health departments shall collaborate in the development of procedures for processing reports of poisonings and conducting follow-up investigations to ensure efficient, non-duplicative, and effective public health response.

(3) Requests by the department or local public health departments for individual medical and epidemiologic information to validate the completeness and accuracy of reporting are specifically authorized.

(4) Information from reported cases shall be kept in a secure manner when not in use. Information stored electronically shall be maintained in a secure manner, accessible only by department or local health department program staff through password protected user accounts.

(5) Except as provided in subrule (6) of this rule, the department and local health departments shall maintain the confidentiality of all reports and other information received under these rules and shall not release reports or information that may be used to directly link the information to a particular individual.

(6) The department and local health departments may release reports or information, otherwise protected under subrule (5) of this rule, under any of the following conditions:

(a) If the department has received written consent from the individual, or from the individuals parent or legal guardian, requesting the release of information.

(b) As necessary for the department to carry out its duties under the public health code, 1978 PA 368, MCL 333.1101 to 333.25211.

(c) If necessary for the purpose of public health activities designed to prevent poisonings due to use of prescription or illicit drugs.

(d) If necessary for the purpose of research designed to develop or contribute to generalizable knowledge, with documented approval by the departments institutional review board.

(e) If the director of the department determines that release of information is crucial to protect the public health against an imminent threat or danger.

(7) Nothing in this rule shall be construed to relieve or preempt any other entities from investigating hazards associated with drug poisonings under state, federal, or local statutes or regulations.

(8) Reports submitted to the department or local health department under Rule 7 are not public records and are exempt from disclosure pursuant to the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.

(9) Reports and information submitted to the legislature by the department as necessary to carry out its duties shall not contain any identifiable information. Aggregate information concerning public health that is released to the public shall not contain information that allows individuals to be identified.

Notes

Mich. Admin. Code R. 325.79

2019 MR 20, Eff. 10/17/2019