NDAC 75-03-41-09
Confidentiality
Cite as N.D. Admin. Code ยง 75-03-41-09
1.
Except as otherwise provided in this section, agency records concerning clients that have
received, are receiving, or seek to receive supervised independent living programming must
be safeguarded. The agency shall ensure the safety of client records against loss, theft,
defacement, tampering, or use by unauthorized persons. Any documents containing
identifying information regarding the client must be locked when unattended by an employee
or nonemployee.
2.
The agency 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 client or member of the client's family without first securing the written consent of the
appropriate parties.
3.
Client consent is not required to release confidential information if situations where the safety
of the client or other individuals are at risk, child abuse or neglect is suspected.
4.
The agency shall have policy in place to ensure all clients served have a responsibility for
keeping confidentiality of other clients in the program. This includes not confirming or denying
another client's participation in the program to outside persons or agencies via telephone,
face-to-face, social media, electronic communications, or written requests.
5.
The agency shall have written policies regarding retention of client records and supervised
independent living program personnel files.
6.
The agency shall disclose its records to the department as requested.