TITLE X
PUBLIC HEALTH

CHAPTER 126-A
DEPARTMENT OF HEALTH AND HUMAN SERVICES

Section 126-A:11

    126-A:11 Medical and Scientific Research Information. –
I. Personal medical and/or other scientific data of any kind whatsoever obtained for the purpose of medical or scientific research by the commissioner or by any person, organization, or agency authorized by the commissioner to obtain such data shall be confidential and shall be used solely for medical or scientific purposes. Such data shall include, but not be limited to, all information, records of interviews, written reports, statements, notes, memoranda, or other data procured in connection with such scientific studies and research conducted by the department, or by other persons, agencies, or other organizations so authorized by the commissioner.
II. No hospital, sanitarium, rest home, nursing home, other person, or agency shall be held liable in any action for damages or other relief arising from the furnishing of personal medical and/or other scientific data to the department of health and human services or to the representative of an authorized medical or scientific research project.
III. Personal medical and/or other scientific data obtained by the department of health and human services or by an authorized research project shall not be admissible as evidence in any action of any kind in any court or before any tribunal, board, agency, or person.
IV. Personal medical and/or other scientific data shall not be exhibited nor their contents disclosed in whole or in part by any officer or employee of the department, or by any other person, except as may be necessary to further the study or research project to which they relate.
V. Any person who violates the provisions of this section by the unauthorized disclosure of any confidential medical or scientific data, in whole or in part, is guilty of a misdemeanor.

Source. 1995, 310:1, eff. Nov. 1, 1995.