N.J. Admin. Code § 6A:16-2.4 - Required student health records

(a) Each school district shall maintain for each student pursuant to N.J.A.C. 6A:32 a student health record that includes the following mandated records:

1. Findings of health histories, medical examinations and health screenings pursuant to N.J.A.C. 6A:16-2.2 and 4.3; and

2. Documentation of immunizations against communicable diseases or exemption from these immunizations pursuant to N.J.A.C. 8:57-4.1, 4.3, and 4.4.

(b) Any district board of education employee with knowledge of, or access to, the following health information shall comply with restrictions for sharing information as required by Federal and State statutes and regulations.

1. Information that identifies a student as having HIV infection or AIDS shall be shared only with prior written informed consent of the student age 12 or greater, or of the student's parent as required by N.J.S.A. 26:5C-1 et seq. and only for the purpose of determining an appropriate educational program for the student.

2. Information obtained by the school's alcohol and other drug program that would identify the student as an alcohol or other drug user may be disclosed only for those purposes and under conditions permitted by 42 CFR Part 2.

3. Information provided by a secondary school student while participating in a school-based alcohol or other drug counseling program that indicates that a parent, guardian or other person residing in the student's household is dependent upon or illegally using a substance shall be shared only for those purposes and conditions permitted by N.J.S.A. 18A:40A-7.1.

(c) Access to and disclosure of information in the student health record shall meet the requirements of the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. § 1232.g and 34 CFR Part 99, incorporated herein by reference, as amended and supplemented, and N.J.A.C. 6A:32-7.

(d) The school district shall provide access to the student health record to licensed medical personnel not holding educational certification who are working under contract with, or as employees of, the school district only to the extent necessary to enable the licensed medical personnel to perform their duties.

1. Secretarial or clerical personnel under the supervision of the certified school nurse shall be permitted access to portions of the student health record necessary for entry and recording of data and for conducting routine clerical tasks as outlined in N.J.S.A. 18A:40-3.4 and N.J.A.C. 6A:32-7.5.

(e) Nothing in this section shall be construed to prohibit school personnel from disclosing to students or adults in connection with an emergency the information contained in the student health record if the release is necessary to protect the immediate health or safety of the student or other persons pursuant to N.J.A.C. 6A:32-7.4.

Notes

N.J. Admin. Code § 6A:16-2.4

Recodified from N.J.A.C. 6A:16-1.5 and amended by R.2006 d.366, effective 10/16/2006.
See: 38 N.J.R. 2294(a), 38 N.J.R. 4411(c).
Section was "Student health records". In (a), substituted "school district" for "district board of education"; in (a)1 and (a)2, substituted "pursuant to" for "as required in"; in (a)2, deleted "of" preceding "exception"; rewrote introductory paragraph of (b); deleted (b)1 and (b)2; added new (c), (d), (f), (g)1 and (h); recodified former (c) and (d) as present (e) and (g); in (e)1, deleted "or guardian" following "parent"; and in (g), substituted "The school" for "Each" and inserted "school" preceding the second occurrence of "district". Former N.J.A.C. 6A:16-2.4, Nursing services to nonpublic school students, repealed.
Amended by R.2014 d.047, effective 3/17/2014.
See: 45 N.J.R. 987(a), 46 N.J.R. 505(a).
Rewrote the section.
Amended by R.2021 d.073, effective 7/19/2021.
See: 53 N.J.R. 197(a), 53 N.J.R. 1216(a).
In (c), substituted "Educational" for "Education"; and in the introductory paragraph of (d), inserted a comma following "with" and "of", and substituted "their" for "his or her".