16-2428. CONFIDENTIALITY AND DISCLOSURE OF INFORMATION. All certificates, applications, records, and reports directly or indirectly identifying a patient or former patient or an individual whose involuntary treatment has been sought under this chapter shall be kept confidential and shall not be disclosed by any person except with the consent of the person identified or his legal guardian, if any, or as disclosure may be necessary to carry out any of the provisions of this chapter, or as a court may direct upon its determination that disclosure is necessary and that failure to make such disclosure would be contrary to public interest.
(1) No person in possession of confidential statements made by a child over the age of fourteen (14) years in the course of treatment may disclose such information to the child’s parent or others without the written permission of the child, unless such disclosure is necessary to obtain insurance coverage, to carry out the treatment plan or to prevent harm to the child or others, or unless authorized to disclose such information by order of a court.
(2) The child has the right of access to information regarding his treatment and has the right to have copies of information and to submit clarifying or correcting statements and other documentation of reasonable length for inclusion with his treatment record.
(3) Nothing in this section shall prohibit the denial of access to records by a child when a physician or other mental health professional believes and notes in the child’s medical records that the disclosure would be damaging to the child. In any case, the child has the right to petition the court for an order granting access.
(4) Access to records by the state protection and advocacy system shall be governed by 42 U.S.C. 10801 et seq., as amended.
History:
[16-2428, added 1997, ch. 404, sec. 1, p. 1297; am. 2020, ch. 82, sec. 8, p. 179.]