N.J. Admin. Code § 8:65-3.2

Current through Register Vol. 56, No. 11, June 3, 2024

Section 8:65-3.2 - Access to information and records; confidentiality

(a) Information, forms, and records submitted to or obtained by the Department pursuant to this chapter are not "government records" subject to public access or inspection within the meaning of N.J.S.A. 47:1A-1 et seq., or under the common law, regardless of whether personal or other identifiers are removed or redacted, and are deemed to be:

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 individuals 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 N.J.S.A. 47:1A-1.1.

(b) Information reported and records held by or submitted to the Department pursuant to N.J.S.A. 26:1A-1, et seq., especially 26:1A-7, 26:4-1 et seq., 26:5C-1 et seq., and this chapter, are not subject to public access or inspection.

(c) The Department may release data in summary format without identifying information in the form of reports and epidemiologic profiles.

N.J. Admin. Code § 8:65-3.2

Adopted by 54 N.J.R. 1408(a), effective 7/18/2022