32 C.F.R. § 310.43 Disclosures to the public from health care records.
Title 32 - National Defense
(a) Section applicability. This section applies to the release of information to the news media or the public concerning persons treated or hospitalized in DoD medical facilities and patients of nonfederal medical facilities for whom the cost of the care is paid by the Department of Defense. (b) General disclosure. Normally, the following may be released without the patient's consent. (1) Personal information concerning the patient. See 32 CFR part 286, The DoD Freedom of Information Act Program and paragraph (c) of §310.41. (2) Medical condition: (i) Date of admission or disposition; (ii) The present medical assessment of the individual's condition in the following terms if the medical doctor has volunteered the information: (A) The individual's condition is presently (stable) (good) (fair) (serious) or (critical), and (B) Whether the patient is conscious, semiconscious, or unconscious. (c) Individual consent. (1) Detailed medical and other personal information may be released in response to inquiries from the news media and public if the patient has given his or her informed consent to such a release. (2) If the patient is not conscious or competent, no personal information except that required by the Freedom of Information Act (5 U.S.C. 552) shall be released until there has been enough improvement in the patient to ensure he or she can give informed consent or a guardian has been appointed legally for the patient and the guardian has given consent on behalf of the patient. (3) The consent described in paragraph (c)(1) of this section regarding patients who are minors must be given by the parent of legal guardian. (d) Information that may be released with individual consent. (1) Any item of personal information may be released, if the patient has given his or her informed consent to its release. (2) Releasing medical information about patients shall be done with discretion, so as not to embarrass the patient, his or her family, or the Department of Defense, needlessly. (e) Disclosures to other government agencies. This subpart does not limit the disclosures of personal medical information to other government agencies for use in determining eligibility for special assistance or other benefits. [51 FR 2364, Jan. 16, 1986. Redesignated at 56 FR 55631, Oct. 29, 1991, as amended at 56 FR 57800, Nov. 14, 1991]
Title 32: National Defense
PART 310—DoD PRIVACY PROGRAM
Subpart E—Disclosure of Personal Information to Other Agencies and Third Parties
§ 310.43 Disclosures to the public from health care records.
