13 NCAC 07A .0905         inter-agency transfer and public disclosure

(a)  Personally identifiable medical information shall not be transferred to another agency except as noted in Paragraph (c) of this Rule, or disclosed to the public (other than the affected employee or the original record holder) except when required by law or approved by the Commissioner or his designee.

(b)  The Commissioner or his designee shall not approve a request for an inter-agency transfer or for the public disclosure of personally identifiable medical information which the affected employee has not consented to unless there are compelling circumstances affecting the health or safety of an individual or the public.

(c)  Upon approval of the Commissioner or his designee, personally identifiable medical information may be transferred to:

(1)           The North Carolina Attorney General's Office; or

(2)           The North Carolina Occupational Safety and Health Review Commission when an employee files a notice of contest pursuant to G.S. 95-137.


History Note:        Authority G.S. 95-133;

Eff. March 1, 2010;

Pursuant to G.S. 150B-21.3A rule is necessary without substantive public interest Eff. March 1, 2016.