Current through Vol. 24-04, March 15, 2024
Rule 4.
(1) The
department shall maintain the confidentiality of all reports of cancer
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
with subrules (2), (3), (4), and (5) of this rule. The department shall not
release any information that would indicate whether or not the name of a
particular person is listed in the cancer registry, except in accordance with
subrules (2), (3), (4), and (5) of this rule.
(2) A report of cancer submitted to the
department concerning a particular individual, and any other information
maintained in the cancer reporting system which, because of name, identifying
number, mark, or description, can be readily associated with a particular
individual, shall be released 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, to the
court-appointed guardian or to the executor or administrator of the particular
individual's estate upon compliance with all 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 by 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 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 designated by the court-appointed guardian of the particular
individual or 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 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 submitted pursuant to
subrule (2) of this rule shall be signed by the person making the written
request. Such 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 of the
department may, pursuant to
R 325.9055, release information from
the cancer reporting system to an authorized representative of a study or
research project reviewed by the scientific advisory panel and approved by the
director. The department shall not release any part of a patient's medical
record obtained pursuant to
R
325.9053.
