23.8091.01000
Sixty-eighth
Legislative Assembly SENATE BILL NO. 2091
of North Dakota
Introduced by
Judiciary Committee
(At the request of the Department of Corrections and Rehabilitation)
1 A BILL for an Act to create and enact a new subsection to section 12-47-36 of the North Dakota
2 Century Code, relating to exceptions to confidential records.
3 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
4 SECTION 1. A new subsection to section 12-47-36 of the North Dakota Century Code is
5 created and enacted as follows:
6 Notwithstanding any other provision of law relating to privilege or confidentiality,
7 except for the confidentiality requirements of federal drug and alcohol treatment and
8 rehabilitation laws, if the department of corrections and rehabilitation approves, the
9 following individuals, organizations, or agencies without prior application to the court
10 may inspect case history, medical, psychological, or treatment records:
11 a. The emergency contact or next of kin of an adult in custody who has a serious or
12 terminal medical condition;
13 b. The guardian, conservator, or an individual with a medical power of attorney of an
14 adult in custody or adult under supervision;
15 c. If an adult in custody or former adult in custody provides written authorization, an
16 individual, organization, or entity assisting the adult in custody or former adult in
17 custody with social services, housing, behavioral health or medical services,
18 employment, education, child care, or transportation; and
19 d. The court.
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