Can I collect health information from participants in North Dakota? What are the requirements?

Based on the documents provided, you may collect health information from participants in North Dakota under certain circumstances.

Disclosure of Protected Health Information

According to NDCC Section 23-01.3-02, protected health information in possession of a public health authority may be disclosed only as authorized by this chapter or another law of this state explicitly authorizing the disclosure of that information. Protected health information received or maintained under chapter 23-01.1 may be disclosed only as authorized by that chapter.

Nonpublic Disclosure to a Public Health Authority

NDCC Section 23-01.3-04 allows a health care provider, public health authority, or the agent of any such individual or entity, to disclose protected health information concerning an individual to a public health authority if there is a specific nexus between the individual’s identity and a threat of a specific disease, death, or injury to any individual or to the public health, and the individual’s identity would allow that public health authority to prevent or significantly reduce the possibility of disease, injury, or death to any individual or the public health.

Disclosure of a Public Health Incident

NDCC Section 23-01.3-07 allows the state health officer to disclose confidential information or protected health information to a health care provider or the public if the state health officer determines that disclosure of information is required to prevent the spread of disease, identify the cause or source of disease, or allay fear and aid the public in understanding the risk of its exposure to disease.

Physician Health Program Requirements

NDCC Section 43-17.3-03 allows the physician health program to disclose periodic reporting of statistical information regarding physician health program activity and periodic disclosure and joint review of information the board deems appropriate regarding reports received, contacts of investigations made, and the disposition of each case. Except as expressly provided under this chapter, the physician health program may not disclose any personally identifiable information about licensee participants.

Based on the above documents, you may collect health information from participants in North Dakota if you are a public health authority, a physician health program, or if there is a specific nexus between the individual’s identity and a threat of a specific disease, death, or injury to any individual or to the public health. However, any disclosure of protected health information must be limited to the minimum amount of information necessary to achieve the purposes of the disclosure.

Please note that this is not an exhaustive list of all the requirements for collecting health information from participants in North Dakota. You should consult with a legal professional to ensure that you are in compliance with all applicable laws and regulations.

Jurisdiction

North Dakota

• Privacy