New York Codes, Rules and Regulations
Title 10 - DEPARTMENT OF HEALTH
Chapter I - State Sanitary Code
Part 1 - General Provisions
Miscellaneous
Section 1.31 - Disclosure of confidential cancer information
Universal Citation: 10 NY Comp Codes Rules and Regs ยง 1.31
Current through Register Vol. 46, No. 39, September 25, 2024
(a) The identity of any person contained in a report of cancer made pursuant to the provisions of section 2401 of the Public Health Law, or cancer data collected for other specific research studies, shall not be disclosed except:
(1) for the purpose of scientific
studies and research when the State Commissioner of Health determines that
substantial knowledge may be gained by such disclosure leading toward the
reduction of morbidity and mortality; or
(2) for surveillance or evaluation activities
that are government sponsored at the federal, state or Canadian province level,
when the State Commissioner of Health determines that the proposed activity is
of significant public health importance and that release of identifiable
information is necessary for the proposed activity.
(a) The recipient shall limit the use of such
information to the specific purpose for which such disclosure is made, shall
not further disclose such information (except when the recipient is another
cancer registry pursuant to laws applicable to such registry), and shall
satisfy the State Commissioner of Health that the confidentiality of patient
identity will be maintained.
(b)
Criminal penalties.
Criminal penalties for violations of this section are those provided for in section 229 of the Public Health Law.
(c)
Civil
penalties.
Civil penalties for violations of this section are those provided for in section 12 of the Public Health law.
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