§ 40.1-24.5-11 - Confidentiality of information and records.
SECTION 40.1-24.5-11
§ 40.1-24.5-11 Confidentiality ofinformation and records. – (a) The fact of admission and all information and records compiled, obtained,or maintained in the course of providing services to persons under this chaptershall be confidential.
(b) Except as provided in subsections (c) and (d), the factof admission and all confidential information and records shall not be releasedwithout the written consent of the resident concerned.
(c) No consent for release of confidential information andrecords is required in the following situations:
(1) To proper medical or psychiatric authorities for thepurpose of providing emergency medical or psychiatric treatment when theresident's life or health is in immediate jeopardy.
(2) Between or among residence staff within the samecommunity residence for purposes of coordinating services for a resident.
(3) For program evaluation and/or research, provided that thedirector of mental health, retardation, and hospitals adopts rules ensuring theanonymity of the resident's identity. The rules shall include, but need not belimited to, the requirement that all evaluators and researchers must sign anoath of confidentiality, agreeing not to divulge, publish, or otherwise makeknown to unauthorized persons or the public any information obtained in thecourse of the evaluation or research regarding residents who have receivedservices such that the resident who received the services is identifiable.
(4) Pursuant to an order of a court of competent jurisdiction.
(d) If a resident is deceased, consent for release ofinformation deemed confidential under this section may be obtained from his orher personal representative, or in the absence of a personal representative,his or her surviving spouse. If there is neither a personal representative norsurviving spouse, consent may be obtained from the resident's kindred of theclosest degree; if there is more than one person of lawful age within the samedegree of kindred, each shall individually possess the right to provide consent.