433A.360 - Clinical records: Contents; confidentiality.
433A.360 Clinical records: Contents; confidentiality.
1. A clinical record for each client must be diligently maintained by any division facility or private institution or facility offering mental health services. The record must include information pertaining to the client’s admission, legal status, treatment and individualized plan for habilitation. The clinical record is not a public record and no part of it may be released, except:
(a) If the release is authorized or required pursuant to NRS 439.538.
(b) The record must be released to physicians, attorneys and social agencies as specifically authorized in writing by the client, the client’s parent, guardian or attorney.
(c) The record must be released to persons authorized by the order of a court of competent jurisdiction.
(d) The record or any part thereof may be disclosed to a qualified member of the staff of a division facility, an employee of the Division or a member of the staff of an agency in Nevada which has been established pursuant to the Developmental Disabilities Assistance and Bill of Rights Act of 2000, 42 U.S.C. §§ 15001 et seq., or the Protection and Advocacy for Mentally Ill Individuals Act of 1986, 42 U.S.C. §§ 10801 et seq., when the Administrator deems it necessary for the proper care of the client.
(e) Information from the clinical records may be used for statistical and evaluative purposes if the information is abstracted in such a way as to protect the identity of individual clients.
(f) To the extent necessary for a client to make a claim, or for a claim to be made on behalf of a client for aid, insurance or medical assistance to which the client may be entitled, information from the records may be released with the written authorization of the client or the client’s guardian.
(g) The record must be released without charge to any member of the staff of an agency in Nevada which has been established pursuant to 42 U.S.C. §§ 15001 et seq. or 42 U.S.C. §§ 10801 et seq. if:
(1) The client is a client of that office and the client or the client’s legal representative or guardian authorizes the release of the record; or
(2) A complaint regarding a client was received by the office or there is probable cause to believe that the client has been abused or neglected and the client:
(I) Is unable to authorize the release of the record because of the client’s mental or physical condition; and
(II) Does not have a guardian or other legal representative or is a ward of the State.
(h) The record must be released as provided in NRS 433.332 or 433B.200 and in chapter 629 of NRS.
2. As used in this section, “client” includes any person who seeks, on the person’s own or others’ initiative, and can benefit from, care, treatment and training in a private institution or facility offering mental health services, or from treatment to competency in a private institution or facility offering mental health services.
(Added to NRS by 1975, 1611; A 1987, 746, 1197; 1989, 2056; 1991, 2351; 1993, 2722; 2003, 1945; 2007, 1981)