16.1-337 - Inpatient treatment of minors; general applicability; disclosure of records.
§ 16.1-337. Inpatient treatment of minors; general applicability; disclosureof records.
A. A minor may be admitted to a mental health facility for inpatienttreatment only pursuant to § 16.1-338, 16.1-339, or 16.1-340.1 or inaccordance with an order of involuntary commitment entered pursuant to §§16.1-341 through 16.1-345. The provisions of Article 12 (§ 16.1-299 et seq.)of Chapter 11 of this title relating to the confidentiality of files, papers,and records shall apply to proceedings under this article.
B. Any health care provider, as defined in § 32.1-127.1:03, or other providerrendering services to a minor who is the subject of proceedings under thisarticle, upon request, shall disclose to a magistrate, the juvenile intakeofficer, the court, the minor's attorney, the minor's guardian ad litem, thequalified evaluator performing the evaluation required under §§ 16.1-338,16.1-339, and 16.1-342, the community services board or its designeeperforming the evaluation, preadmission screening, or monitoring duties underthis article, or a law-enforcement officer any and all information that isnecessary and appropriate to enable each of them to perform his duties underthis article. These health care providers and other service providers shalldisclose to one another health records and information where necessary toprovide care and treatment to the person and to monitor that care andtreatment. Health records disclosed to a law-enforcement officer shall belimited to information necessary to protect the officer, the minor, or thepublic from physical injury or to address the health care needs of the minor.Information disclosed to a law-enforcement officer shall not be used for anyother purpose, disclosed to others, or retained.
Any health care provider providing services to a minor who is the subject ofproceedings under this article may notify the minor's parent of informationwhich is directly relevant to such individual's involvement with the minor'shealth care, which may include the minor's location and general condition, inaccordance with subdivision D 34 of § 32.1-127.1:03, unless the provider hasactual knowledge that the parent is currently prohibited by court order fromcontacting the minor.
Any health care provider disclosing records pursuant to this section shall beimmune from civil liability for any harm resulting from the disclosure,including any liability under the federal Health Insurance Portability andAccountability Act (42 U.S.C. § 1320d et seq.), as amended, unless the personor provider disclosing such records intended the harm or acted in bad faith.
C. Any order entered where a minor is the subject of proceedings under thisarticle shall provide for the disclosure of health records pursuant tosubsection B. This subsection shall not preclude any other disclosures asrequired or permitted by law.
(1990, c. 975; 1992, c. 539; 2008, cc. 782, 850, 870; 2009, cc. 455, 555;2010, cc. 778, 825.)