Confidentiality and disclosure

(a) All personally identifiable information held by the Department of Health or Department of Human Services under this subchapter is confidential and is not subject to the Freedom of Information Act of 1967, § 25-19-101 et seq. (b) Disclosure of information and records may be made: (1) For statistical purposes if a care agent, pregnant woman, biological father of the unborn child, physician, or abortion facility is not identified; (2) With the consent of each person, patient, and abortion facility identified in the information released; or (3) To: (A) Appropriate state agencies or courts to enforce this subchapter; (B) Appropriate state licensing boards to enforce licensing laws; (C) Licensed medical or healthcare personnel currently treating the patient; or (D) Physicians providing abortions or agencies, to the extent necessary to fulfill the agencies' obligations under this subchapter. (c) Disclosure of protected health information that is allowed for public health, safety, and law enforcement purposes is not a violation of the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191. Amended by Act 2023, No. 703,§ 8, eff. 8/1/2023. Added by Act 2021, No. 90,§ 3, eff. 7/28/2021.

(a) All personally identifiable information held by the Department of Health or Department of Human Services under this subchapter is confidential and is not subject to the Freedom of Information Act of 1967, § 25-19-101 et seq.

(b) Disclosure of information and records may be made: (1) For statistical purposes if a care agent, pregnant woman, biological father of the unborn child, physician, or abortion facility is not identified; (2) With the consent of each person, patient, and abortion facility identified in the information released; or (3) To: (A) Appropriate state agencies or courts to enforce this subchapter; (B) Appropriate state licensing boards to enforce licensing laws; (C) Licensed medical or healthcare personnel currently treating the patient; or (D) Physicians providing abortions or agencies, to the extent necessary to fulfill the agencies' obligations under this subchapter.

(1) For statistical purposes if a care agent, pregnant woman, biological father of the unborn child, physician, or abortion facility is not identified;

(2) With the consent of each person, patient, and abortion facility identified in the information released; or

(3) To: (A) Appropriate state agencies or courts to enforce this subchapter; (B) Appropriate state licensing boards to enforce licensing laws; (C) Licensed medical or healthcare personnel currently treating the patient; or (D) Physicians providing abortions or agencies, to the extent necessary to fulfill the agencies' obligations under this subchapter.

(A) Appropriate state agencies or courts to enforce this subchapter;

(B) Appropriate state licensing boards to enforce licensing laws;

(C) Licensed medical or healthcare personnel currently treating the patient; or

(D) Physicians providing abortions or agencies, to the extent necessary to fulfill the agencies' obligations under this subchapter.

(c) Disclosure of protected health information that is allowed for public health, safety, and law enforcement purposes is not a violation of the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191.

Amended by Act 2023, No. 703,§ 8, eff. 8/1/2023.

Added by Act 2021, No. 90,§ 3, eff. 7/28/2021.