10A NCAC 26B .0102      GENERAL PROVISIONS

(a)  Area or state facilities or individuals with access to or control over confidential information shall take affirmative measures to safeguard such information.

(b)  Confidential information may not be released or disclosed except in accordance with G.S. 122C‑51 through 122C‑56 and the rules in this Subchapter.

(c)  Confidential information regarding substance abusers shall be released or disclosed in accordance with the federal regulations 42 C.F.R. Part 2, "Confidentiality of Alcohol and Drug Abuse Patient Records", which are adopted by reference pursuant to G.S. 150B‑14(c), unless the rules in this Subchapter are more restrictive in which case the rules in this Subchapter shall be followed.

(d)  Confidential information regarding infants and toddlers receiving early intervention services who have or who are at risk for atypical development, developmental delay or developmental disability shall be released or disclosed in accordance with the federal regulations 34 C.F.R. Part 300, Subpart E, Sections 300.560 through 300.575, which are adopted by reference pursuant to G.S. 150B‑14(c), unless the rules in this Subchapter are more restrictive in which case the rules in this Subchapter shall be followed.

(e)  Questions regarding interpretation of these Rules shall be directed to the Client Records Consultant in the Institution Management Support Section of the Division.

History Note:        Authority G.S. 122C‑52; 131E‑67; 143B‑147; 150B‑14;

Eff. July 1, 1979;

Amended Eff. February 1, 1991; March 1, 1990; February 1, 1986; January 1, 1984;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. June 20, 2015.