Current through December 21, 2024
Section 7 AAC 27.903 - Permitted disclosures during a federal- or state-declared public health disaster emergency(a) The department may disclose identifiable health information that the department collects, uses, and maintains under AS 18.05 or AS 18.15 in the conduct of public health surveillance, investigation, and intervention during a public health disaster emergency declared by the governor or by the federal government that is related to a contagious disease outbreak when an individual who is the subject of the information provides written consent to the disclosure as set out in 7 AAC 27.896, under all circumstances described in 7 AAC 27.893, and under the circumstances set out in this section.(b) In addition to the disclosures permitted in 7 AAC 27.893, the department may disclose the minimum necessary identifiable health information without written consent from an individual if the disclosure is to(1) a federal public health agency, health oversight agency, or law enforcement authority as permitted by federal or state law for the purpose of disease prevention;(2) a school district, school, college, university, or licensed child care facility to provide information concerning contagious disease status and immunizations to promote effective disease prevention and control in schools and child care facilities within the state;(3) an individual or group of individuals directly able to prevent or lessen a serious and imminent threat to the health of a group of individuals, or the public;(4) an individual or group of individuals who may have been exposed to a contagious or possibly contagious disease or may otherwise be at imminent risk of contracting or spreading that disease;(5) a state agency, local government, village, federally recognized tribe, or tribal health program for the purpose of preventing or lessening a serious and imminent threat to the health of an individual, group of individuals, or the public being served by that entity; or(6) the Department of Labor and Workforce Development, Division of Labor Standards and Safety, Alaska Occupational Safety and Health (AKOSH) program, for the purposes of public health investigation and outbreak prevention and control, and to assist the program in its investigatory activities related to those purposes.(c) The department may disclose minimum necessary identifiable health information under this section for the purpose of conducting its own public health surveillance, investigation, intervention, prevention, and treatment.(d) An individual or entity who receives identifiable health information from the department as a permitted disclosure under (a) of this section may not disclose the information to another individual or entity except for a purpose authorized in the written consent. Any identifiable health information disclosed by the department under this subsection shall be accompanied by(1) a statement explaining the restriction on secondary disclosures under this subsection; and(2) any relevant written consent that the department knowingly has in its possession.(e) A public health agent may disclose the identity of an individual who has violated an order of a state medical officer under AS 18.15.375 or an emergency administrative order issued under AS 18.15.385 to the operator or manager of a public conveyance, accommodation, or other public place to prevent the spread of a contagious or possibly contagious disease.(f) The department will not disclose identifiable health information in the course of legal discovery, subpoena, or compelled testimony of a public health agent, in any civil, criminal, administrative, or other legal proceeding, except (1) in a legal proceeding initiated by a public health agent or public health official for quarantine or isolation of the individual or group of individuals who is the subject of the health information to be disclosed, whether the proceeding is open or closed to the public; or(2) when a court orders the disclosure. (g) Nothing in this section prohibits or restricts disclosure of identifiable health information otherwise permitted under this chapter.(h) In this section, (1) "local government" means any borough, municipality, or other political subdivision of the state;(2) "federally recognized tribe" means an Alaska Native or American Indian tribe that is recognized by the United States Secretary of the Interior to exist as an Indian tribe under 25 U.S.C. 5129 (Federally Recognized Indian Tribe List Act of 1994);(3) "tribal health program" means a hospital, clinic, or other type of health care facility, program, association, or organization operated by a federally recognized tribe, or an intertribal consortium as defined in 25 U.S.C. 5381 or as established by federal law.Eff. 9/21/2020, Register 236, January 2021; am 1/6/2021, Register 237Authority:AS 18.05.010
AS 18.05.030
AS 18.05.040
AS 18.15.355
AS 18.15.360
AS 18.15.362