N.J. Admin. Code § 8:57-1.14

Current through Register Vol. 56, No. 7, April 1, 2024

Section 8:57-1.14 - Confidentiality

(a) The reports made pursuant to this subchapter shall be used only by the local health department, the Department, and such other agencies as may be designated by the Commissioner to carry out mandated duties, including the duty to control and suppress communicable infectious diseases.

(b) Information the Department shares with the Secretary of Agriculture involving an overlap agent or toxin that causes or has the potential to cause a public health emergency where the Commissioner suspects or detects conditions that could potentially affect animals, plants or crops under the jurisdiction of the Department of Agriculture pursuant to the provisions of Title 4 of the Revised Statutes shall be held confidential, in accordance with N.J.S.A. 26:13-3d.

(c) The reports submitted to the Department pursuant to N.J.A.C. 8:57-1, except for the reports submitted pursuant to 8:57-1.8, contain demographic and medical information related to the Department's investigations and epidemiological studies of communicable diseases and shall not be considered "government records" subject to public access or inspection within the meaning of 47:1A-1 et seq. and shall be deemed:

1. "Information relating to medical... history, diagnosis, treatment, or evaluation" within the meaning of Executive Order 26, §4(b)1 (McGreevey, August 13, 2002);

2. "Records concerning morbidity, mortality and reportable diseases of named persons required to be made, maintained or kept by any State or local governmental agency" within the meaning of Executive Order 9, §2(c) (Hughes, September 30, 1963); and/or

3. Information "for use in the field of forensic pathology or for use in medical or scientific education or research" pursuant to 47:1A-1.1.

(d) Medical or epidemiologic information collected pursuant to this subchapter may be disclosed in statistical or other form, which does not disclose the identity of any person.

N.J. Admin. Code § 8:57-1.14

New Rule, R.2003 d.412, effective 10/20/2003.
See: 34 N.J.R. 3945(a), 35 N.J.R. 4883(b).
Former N.J.A.C. 8:57-1.12, Foodhandlers ill or infected with communicable diseases, recodified to N.J.A.C. 8:57-1.11.
Recodified from N.J.A.C. 8:57-1.12 and amended by R.2009 d.107, effective 4/6/2009.
See: 40 N.J.R. 1962(a), 41 N.J.R. 1419(a).
In (a), inserted "communicable"; rewrote (b); added new (c); recodified former (c) as (d); and in (d), inserted a comma following "form" and substituted "person" for "individual".

The adopted version of this section 56 N.J.R. 213(a), effective 1/3/2024 is not yet available