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Subject 290-1-2 HEARINGS AND PETITIONS FOR RULE-MAKING

Rule 290-1-2-.01 Privacy and Seclusion of Records

(1) WHEREAS, demands have been made upon the staff and employees of the Board of Human Resources by various persons to be allowed to inspect the records of the Board, and
(2) WHEREAS, the indiscriminate allowing of such search is not conducive to keeping such files in an orderly and clean manner, and
(3) WHEREAS, many of the files of the Board, notably birth and death certificates, must be kept as permanent records and it is incumbent upon such employees who have them in charge to maintain them in a clean and orderly condition, and
(4) WHEREAS, other files of the Board, notably laboratory findings and diagnoses, by their very nature are confidential and personal to the person on whom reports are made and their physicians, therefore,
(a) BE IT RESOLVED, that the files of the Board of Human Resources of Georgia are not open to public inspection, and the Commissioner of the Department of Human Resources and employees are instructed not to permit public inspection of any record which would violate the confidential relation between physicians and patients;
(b) BE IT FURTHER RESOLVED, that the public search of records of birth and death is prohibited and only authorized employees of the Department of Human Resources will search the files of the State Bureau of Vital Statistics for any applicant for certified copies of birth and death certificates only upon payment of the statutory fee by the applicant for such certificates, as provided in Section 88-1725 of the Georgia Health Code.
(c) BE IT FURTHER RESOLVED, that the foregoing paragraph shall apply to local registrars of vital statistics, who shall not permit any search of their records of birth and death certificates by any person except themselves or a person authorized in writing by the Commissioner of the Georgia Department of Human Resources.

Adopted by the State Board of Health on March 20, 1935 and subscribed to and readopted by the Board of Human Resources on January 16, 1974.