RSA 141-G:14 · Confidentiality

141-G:14 Confidentiality. –

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I.

No person shall use or disclose any information concerning an applicant or a source individual if that information becomes known to the person in the course of carrying out his or her responsibilities under this subdivision or as a result of obtaining a testing order.

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II.

Paragraph I shall not apply to disclosure in the following circumstances:

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(a)

In the course of carrying out a duty imposed or exercising a power conferred under this subdivision.

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(b)

As required by law.

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(c)

With the consent of the person who is the subject of the information.

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(d)

In the course of a consultation between qualified health professionals.

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(e)

In the case of information about a minor to a guardian of that minor.

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(f)

As provided in rules adopted under RSA 141-G:19.

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III.

No person who is subpoenaed or otherwise compelled to give evidence in a legal proceeding, other than a proceeding for the purposes of RSA 141-G:11, I or an appeal under RSA 141-G:11, V, shall disclose information described in paragraph I, unless the court first examines the information, with the public excluded, and determines that the information may be disclosed. The court shall consider:

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(a)

The probative value of the information;

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(b)

The relevance of the information to the proceeding; and

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(c)

The effect of the disclosure on the privacy of the person who is the subject of the information. Source. 2017, 208:1, eff. Sept. 8, 2017.

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