N.D. Admin. Code 75-09.1-09-11

Current through Supplement No. 394, October, 2024
Section 75-09.1-09-11 - Referral criteria
1. A DUI seminar must secure the written consent of the client or the client's legal representative before releasing any confidential information about that client and the consent to release of information must conform to the following:
a. Any information released must be limited to that necessary for the individual or agency requesting the information or for the provider to whom the client is referred to be able to address the purpose of the referral;
b. A DUI seminar must stamp or write on the records that are being released that any further disclosure or redisclosure of information is prohibited unless it is authorized by the client or the client's legal representative; and
c. Be in accordance with applicable federal and state laws and must include at a minimum:
(1) The content to be released;
(2) The form in which the information is to be released such as written, verbal, audio, video, electronic;
(3) To whom the information is to be released;
(4) For what purpose the information is to be released;
(5) The name of the client and date of birth about whom information is to be released;
(6) The date on which the release is signed;
(7) The length of time, event, or condition for which the release is authorized or the event or condition upon which consent for release will be withdrawn; and
(8) The signature of the client or legal representative.
2. A DUI seminar shall give a copy of the signed consent to release of information to the client or client's legal representative.

N.D. Admin Code 75-09.1-09-11

Effective October 26, 2004.

General Authority: NDCC 50-06-16, 50-31

Law Implemented: NDCC 50-31