[§560:5-611]  Confidentiality of and access
to records.  (a)  All wards affected by this part shall be informed of
their right to and be entitled to copies of all portions of any records
relating to the sterilization or proposed sterilization.



(b)  All records relating to sterilization or
proposed sterilization of the ward shall be confidential and shall not be
released to third parties except in the following circumstances:



(1)  When the ward or guardian of the ward has signed
a written release for the specific information; or



(2)  When the ward or guardian designates a third
party as either a payer or copayer for the sterilization and consents to
release information which is necessary to establish reimbursement eligibility.



(c)  A charge, not to exceed the actual cost of
duplication, may be assessed for copies of any records that need to be
reproduced.



(d)  When records are released to a third
party, it shall be unlawful for the party to disclose any part of the record
that contains personally identifiable information without the written consent
of the person who is the subject of the record.  The release of the record to
the third party shall be accompanied by the following statement:  "This
information has been disclosed to you from records whose confidentiality is
protected by the state law which limits disclosure of personally identifiable
information to additional parties without the express written consent of the
subject of the record".



(e)  Violations of this section shall be
subject to action under section 571-81. [L 1986, c 81, pt of §2]