23-01.3-04. Nonpublic disclosure to a public health authority

23-01.3-04. Nonpublic disclosure to a public health authority 1. A health care provider, public health authority, law enforcement official, school or university, or the agent of any such individual or entity, may disclose protected health information concerning an individual to a public health authority if: a. There is a specific nexus between the individual's identity and a threat of a specific disease, death, or injury to any individual or to the public health; and b. The individual's identity would allow that public health authority to prevent or significantly reduce the possibility of disease, injury, or death to any individual or the public health. 2. An entity described in subsection 1 is not liable for the disclosure of protected health information: a. To a public health authority based upon a good-faith belief and credible representation made by that authority that this information is required to protect an individual or the public health from a threat of a specific disease, injury, or death; or b. If that disclosure is made pursuant to a federal or state law that is designed to protect the public health or safety. 3. Except for the failure to report information required by chapter 23-07, 23-07.1, 23-07.3, or 23-07.4, or any other law requiring disclosure of information regarding a disease or condition, an entity described in subsection 1 is not liable for the failure to disclose protected health information to a public health authority. 4. Any disclosure of protected health information under this section must be limited to the minimum amount of information necessary to achieve the purposes of this section. 5. A recipient of information pursuant to this section may use or disclose that information solely to achieve the purposes of this section. 6. Nothing in this section permitting the disclosure of protected health information may be construed to require that disclosure, unless disclosure is otherwise required by law. 7. Protected health information disclosed under this section must be clearly identified as protected health information that is subject to this chapter.