Section R. 325.9074 - Confidentiality of reportsRule 4.
(1) The department shall maintain the confidentiality of all reports of birth defects submitted to the department and shall not release such reports or any information which, because of name, identifying number, mark, or description, can be readily associated with a particular individual, except in accordance subrules (2), (3), (4), (5), and (6) of this rule. The department shall not release any information that would indicate if the name of a particular person is listed in the registry, except in accordance with subrules (2), (3), (4), (5), and (6) of this rule.(2) A report of birth defects that is submitted to the department concerning a particular individual, and any other information maintained in the birth defects registry reporting system which, because of name, identifying number, mark, or description, can be readily associated with a particular individual, shall be released only as follows:(a) To the particular individual upon compliance with both of the following provisions: (i) Receipt of a written request which is signed by the particular individual and which is witnessed or notarized as required by subrule (3) of this rule.(ii) Presentation by the particular individual of suitable identification as required by subrule (4) of this rule.(b) If the particular individual is a minor, to a parent of the particular individual upon compliance with all of the following provisions: (i) Receipt of a written request which is signed by the parent and which is witnessed or notarized as required by subrule (3) of this rule.(ii) Receipt of a certified copy of the birth certificate of the particular individual.(iii) Presentation by the parent of suitable identification as required by subrule (4) of this rule.(c) If the particular individual has a court-appointed guardian or if the particular individual is deceased, then to the court-appointed guardian or to the executor or administrator of the particular individual's estate upon compliance with all of the following provisions:(i) Receipt of a written request which is signed by the court-appointed guardian, executor, or administrator and which is witnessed or notarized as required subrule (3) of this rule.(ii) Receipt of a certified copy of the order or decree which appoints the guardian, executor, or administrator.(iii) Presentation by the guardian, executor, or administrator of suitable identification as required by subrule (4) of this rule.(d) To an attorney or other person who is designated by the particular individual upon compliance with both of the following provisions:(i) Receipt of a written request which is signed by the particular individual, which is witnessed or notarized as required by subrule (3) of this rule, and which requests release of the information to the attorney or other person.(ii) Presentation by the attorney or other person of suitable identification as required by subrule (4) of this rule.(e) To an attorney or other person who is designated by the court-appointed guardian of the particular individual or who is designated by the executor or administrator of the estate of the particular individual upon compliance with all of the following provisions:(i) Receipt of a written request which is signed by the court-appointed guardian, executor, or administrator, which is witnessed or notarized as required by subrule (3) of this rule, and which requests release of the information to the attorney or other person.(ii) Receipt of a certified copy of the order or decree which appoints the guardian, executor, or administrator.(iii) Presentation by the attorney or other person of suitable identification as required by subrule (4) of this rule.(f) If the particular individual is a minor, to an attorney or other person who is designated by the parent of the particular individual upon compliance with all of the following provisions: (i) Receipt of a written request which is signed by the parent, which is witnessed or notarized as required by subrule (3) of this rule, and which requests release of the information to the attorney or other person.(ii) Receipt of a certified copy of the birth certificate of the particular individual.(iii) Presentation by the attorney or other person of suitable identification as required by subrule (4) of this rule.(3) Every written request for the release of information that is submitted under subrule (2) of this rule shall be signed by the person who makes the written request. The signature shall comply with either of the following provisions: (a) Be witnessed by an employee of the department who has been designated to witness such requests and to whom the person making the request presents suitable identification as required by subrule (4) of this rule.(b) Be notarized by a notary public or magistrate.(4) Any person who is required by subrule (2) or (3) of this rule to present suitable identification shall present an identification document, such as a driver's license, or other document which contains both a picture of the person and the signature or mark of the person.(5) The director may, under R 325.9074 and R 325.9075, release information from the birth defects registry to an authorized representative of a study or research project that shall be reviewed by a scientific advisory panel, reviewed and approved by the department's IRB, and approved by the director. The process for release of information that identifies the registrant shall be as set forth in this subrule for any research proposals that require contact with the family of the child including direct contact with the child. After the proposal for the research has been reviewed and approved under R 325.9075, and before any information is released to the researcher, information shall be sent to the parent or parents or legal guardian of the registrant or to the registrant, if an adult, that describes the goals and process of the research project. The parent, parents, or legal guardian or registrant, as appropriate, shall be asked to indicate if he or she wishes to participate in the project. The name of the registrant shall only be released to the director of the research project when the parent, parents, or legal guardian grants approval for such release. The department shall not release any part of a patient's medical record obtained under R 325.9073.(6) The director may authorize information from the birth defects registry to be used within the department or by an authorized agent of the department, including a local health department, to offer medical and other support services to the registrant. The department may contact the parent, parents, or legal guardian or registrant, if an adult, who is identified in the birth defects registry to offer referral to medical and other support services as appropriate. The department shall not release any part of a patient's medical record obtained under R 325.9073.Mich. Admin. Code R. 325.9074