23-01.3-05. Nonpublic disclosure in emergency circumstances

23-01.3-05. Nonpublic disclosure in emergency circumstances 1. In the event of a threat of imminent physical or mental harm to the subject of protected health information, a public health authority, in order to allay or remedy that threat, may disclose protected health information about that subject to a health care practitioner, health care facility, law enforcement authority, or emergency medical personnel to protect the health or safety of that subject. 2. In the event of a threat of harm to an individual other than the subject of protected health information, a public health authority may disclose protected health information about that subject if: a. There is an identifiable threat of serious disease, injury, or death to an identifiable individual or group of individuals; b. The subject of the protected health information has the ability to carry out that threat; and c. The disclosure of that information is necessary to prevent or significantly reduce the possibility of that threat. 3. 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. 4. A recipient of information pursuant to this section may use or disclose that information solely to carry out the purposes of this section. 5. Protected health information disclosed under this section must be clearly identified as protected health information that is subject to this section.