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.