228.2 - MENTAL HEALTH INFORMATION DISCLOSURE PROHIBITED -- EXCEPTIONS -- RECORD OF DISCLOSURE.
228.2 MENTAL HEALTH INFORMATION DISCLOSURE PROHIBITED
-- EXCEPTIONS -- RECORD OF DISCLOSURE.
1. Except as specifically authorized in section 228.3, 228.5,
228.6, 228.7, or 228.8, a mental health professional, data collector,
or employee or agent of a mental health professional, of a data
collector, or of or for a mental health facility shall not disclose
or permit the disclosure of mental health information.
2. a. Upon disclosure of mental health information pursuant
to section 228.3, 228.5, 228.6, 228.7, or 228.8, the person
disclosing the mental health information shall enter a notation on
and maintain the notation with the individual's record of mental
health information, stating the date of the disclosure and the name
of the recipient of mental health information.
b. The person disclosing the mental health information shall
give the recipient of the information a statement which informs the
recipient that disclosures may only be made pursuant to the written
authorization of an individual or an individual's legal
representative, or as otherwise provided in this chapter, that the
unauthorized disclosure of mental health information is unlawful, and
that civil damages and criminal penalties may be applicable to the
unauthorized disclosure of mental health information.
3. A recipient of mental health information shall not disclose
the information received, except as specifically authorized for
initial disclosure in section 228.3, 228.5, 228.6, 228.7, or 228.8.
However, mental health information may be transferred at any time to
another facility, physician, or mental health professional in cases
of a medical emergency or if the individual or the individual's legal
representative requests the transfer in writing for the purposes of
receipt of medical or mental health professional services, at which
time the requirements of subsection 2 shall be followed. Section History: Recent Form
86 Acts, ch 1082, § 2; 88 Acts, ch 1226, § 4, 5; 90 Acts, ch 1079,
§ 2; 2009 Acts, ch 41, §263
Referred to in § 228.5
See also §622.10