§ 33.13 Clinical records; confidentiality.\n (a) A clinical record for each patient or client shall be maintained\nat each facility licensed or operated by the office of mental health or\nthe office for people with developmental disabilities, hereinafter\nreferred to as the offices. For the purposes of this section, the term\n"facility" shall mean "facility" as such term is defined in section 1.03\nof this chapter, provided, however, such term shall also include any\nprovider of services for individuals with mental illness or\ndevelopmental disabilities which is operated by, under contract with,\nreceives funding from, or is otherwise approved to render services by, a\ndirector of community services pursuant to article forty-one of this\nchapter or one or both of the offices, including any such provider which\nis exempt from the requirement for an operating certificate under\narticle sixteen or article thirty-one of this chapter. The record shall\ncontain information on all matters relating to the admission, legal\nstatus, care, and treatment of the patient or client and shall include\nall pertinent documents relating to the patient or client. The\ncommissioners of such offices, by regulation, each shall determine the\nscope and method of recording information, including data pertaining to\nadmission, legal matters affecting the patient or client, records and\nnotation of course of care and treatment, therapies, restrictions on\npatient's or client's rights, periodic examinations, and such other\ninformation as he or she may require.\n * (b) The commissioners may require that statistical information about\npatients or clients be reported to the offices.\n * NB Effective until June 30, 2027\n * (b) The commissioners may require that statistical information about\npatients or clients be reported to the offices. Names of patients\ntreated at out-patient or non-residential facilities shall not be\nrequired as part of any such reports. Hospitals licensed by the office\nof mental health and general hospitals shall provide to the office of\nmental health, upon request, records relating to persons described in\nsubdivision (j) of section 7.09 of this chapter who may be disqualified\nfrom possessing a firearm pursuant to 18 USC 422(4)(d).\n * NB Effective June 30, 2027\n (c) Such information about patients or clients reported to the\noffices, including the identification of patients or clients, clinical\nrecords or clinical information tending to identify patients or clients,\nand records and information concerning persons under consideration for\nproceedings pursuant to article ten of this chapter, at office\nfacilities shall not be a public record and shall not be released by the\noffices or its facilities to any person or agency outside of the offices\nexcept as follows:\n 1. pursuant to an order of a court of record requiring disclosure upon\na finding by the court that the interests of justice significantly\noutweigh the need for confidentiality, provided, however, that nothing\nherein shall be construed to affect existing rights of employees in\ndisciplinary proceedings.\n 2. to the mental hygiene legal service.\n 3. to attorneys representing patients or clients in proceedings in\nwhich the patients' or clients' involuntary hospitalization or assisted\noutpatient treatment is at issue.\n 4. to the justice center for the protection of people with special\nneeds.\n 5. to the medical review board of the state commission of correction\nwhen such board has requested such information with respect to the death\nof a named person, or, with the consent of a patient or client when such\nboard has requested information about the patient or client providing\nthat such board requires such information in the exercise of its\nstatutory functions, powers and duties. Information, books, records or\ndata which are confidential as provided by law shall be kept\nconfidential by the state commission and any limitation on the release\nthere
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