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.