2015 Delaware Code
Title 16 - Health and Safety
CHAPTER 8C. SCREENING OF NEWBORN INFANTS FOR METABOLIC, HEMATOLOGIC, ENDOCRINOLOGIC, IMMUNOLOGIC, AND CERTAIN STRUCTURAL DISORDERS
§ 806C Confidentiality.

(a) No person may disclose or be compelled to disclose the identity of any person upon whom a blood specimen for metabolic, hematologic, endocrinologic, immunologic and certain structural disorders screen is performed, or the results of such test in a manner which permits identification of the subject of the test, except to the following person:

(1) The subject of the test or the subject's legal guardian.

(2) Any person who secures a legally effective release of test results executed by the subject of the test or the subject's legal guardian.

(3) For purposes of diagnosis, treatment or follow-up.

(4) As authorized by court order.

(5) To a medical examiner authorized to conduct an autopsy on a child or an inquest on the death of a child.

(6) Health facility staff committees or accreditation or oversight review organizations which are conducting program monitoring, program evaluation or service reviews, including the Child Death Review Commission conducting reviews pursuant to Title 31.

(7) Individuals who have access to an electronic medical record (EMR), in which the information is retained pursuant to § 1203(a)(6) of this title, or a health information exchange.

(8) Pursuant to Chapter 9 of this title as it relates to investigation of child abuse.

(b) No person to whom the results of an blood specimen for metabolic, hematologic, endocrinologic, immunologic and certain structural disorders screen have been disclosed pursuant to subsection (a) of this section shall disclose the test results to another person except as authorized by subsection (a) of this section.

(c) The provisions in this section shall not interfere with the transmission of information as may be necessary to obtain third-party payment for medical care related to a metabolic, hematologic, endocrinologic, immunologic, or certain structural disorders or with the documentation of cause of death on death certificates.

80 Del. Laws, c. 96, § 1; 80 Del. Laws, c. 187, § 16.;