26:5C-12 Consent to disclose record of deceased, legally incapacitated person.
8.When consent is required for disclosure of the record of a deceased or legally incapacitated person who has or is suspected of having AIDS or HIV infection, consent may be obtained:
a.From an executor, administrator of the estate, or authorized representative of the legally incapacitated or deceased person;
b.From the person's spouse, domestic partner as defined in section 3 of P.L.2003, c.246 (C.26:8A-3), primary caretaking partner or, if none, by another member of the person's family; and
c.From the commissioner in the event that a deceased person has neither an authorized representative or next-of-kin.
L.1989, c.303, s.8; amended 2003, c.246, s.30; 2013, c.103, s.74.
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Last modified: October 11, 2016