Confidentiality of information and records -- Exceptions -- Penalty.

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  • (1) All certificates, applications, records, and reports made for the purpose of this part, including those made on judicial proceedings for involuntary commitment, that directly or indirectly identify a patient or former patient or an individual whose commitment has been sought under this part, shall be kept confidential and may not be disclosed by any person except insofar as:
    • (a) the individual identified or his legal guardian, if any, or, if a minor, his parent or legal guardian shall consent;
    • (b) disclosure may be necessary to carry out the provisions of:
      • (i) this part; or
      • (ii) Section 53-10-208.1; or
    • (c) a court may direct, upon its determination that disclosure is necessary for the conduct of proceedings before it, and that failure to make the disclosure would be contrary to the public interest.
  • (2) A person who knowingly or intentionally discloses any information not authorized by this section is guilty of a class B misdemeanor.





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