Current through Supplement No. 394, October, 2024
1. For
purposes of this section, "persons who have a definite interest in the
well-being of the residents" include:
a. The
resident's custodian, parent, or guardian, except to the extent the parental
rights have been terminated or limited by court order;
b. The referring agency that placed a
resident in the facility; and
c. An
individual or entity identified as a provider of services, as determined by the
department, located in the home community of the resident, for the purposes of
reunification.
2. Except
as otherwise provided in this section, facility records concerning residents
who have received, are receiving, or seek to receive facility services must be
safeguarded and may be made available only:
a.
To personnel of the facility, to the extent reasonably necessary for the
performance of their duties;
b. To
persons authorized by a custodian, parent, or guardian who may lawfully review
a resident's records, to review or receive copies of that resident's
records;
c. In a judicial
proceeding;
d. As required by
law;
e. To officers of the law or
other legally constituted boards and agencies; or
f. To persons who have a definite interest in
the well-being of the residents concerned, who are in a position to serve their
interests, and who need to know the contents of the records to assure their
well-being and interests.
3. A facility may not make public or
otherwise disclose by electronic, print, or other media for fundraising,
publicity, or illustrative purposes, any image or identifying information
concerning any current resident or former resident receiving aftercare services
or the family of the resident, without first securing the written consent of
the custodian and parent or guardian of the resident, or the written consent of
an adult who was a former resident of the facility. The facility shall:
a. Ensure the written consent is informative,
including full disclosure of how the image or information will be used,
including any future use, and specifically must identify the image or
information that may be disclosed by reference to dates, locations, and other
event-specific information;
b.
Inform the individual signing that the individual is free to either grant or
refuse to grant consent;
c. Provide
a seven-day waiting period during which the consent may be withdrawn by the
signing party; and
d. Ensure the
consent is time-limited. The written consent must apply to an event that occurs
no later than one year from the date the consent was signed.
4. A facility shall disclose its
records to the department as requested.
General Authority: NDCC 50-11-03
Law Implemented: NDCC 50-06-15, 50-11-02,
50-11-05
