Section 28.5. Confidentiality

(a) A health care provider, testing laboratory, the Department or any other entity involved in the newborn screening program may not release any identifying information relating to any newborn child screened in the newborn screening program to anyone other than a parent or guardian of the newborn child or the health care provider for the newborn child designated by a parent or the guardian except as follows:

(1) As may be necessary to provide services to the newborn child.

(2) With the consent of the newborn child’s parent or guardian.

(3) With the child’s consent when the child is 18 years of age or older, has graduated from high school, has married or has been pregnant.

(b) Only the Department will have the authority to release or authorize the release of nonidentifying information concerning the newborn screening program.

The provisions of this § 28.5 adopted May 17, 2002, effective May 18, 2002, 32 Pa.B. 2435.

Notation

Authority

The provisions of this § 28.5 amended under section 16(a) of the Disease Control and Prevention Act of 1955 (35 P. S. § 521.16(a)); sections 2102(g) and 2111(b) of The Administrative Code of 1929 (71 P. S. § § 532(g) and 541(b)); and sections 3 and 5 of the Newborn Child Testing Act (35 P. S. § § 623 and 625).