ARTICLE 14 SUBSTITUTE A

RELATING TO MENTAL HEALTH LAW

SECTION 1. Section 40.1-5-26 of the General Laws in Chapter 40.1-5 entitled "Mental

Health Law" is hereby amended to read as follows:

40.1-5-26. Disclosure of confidential information and records. -- (a) The fact of

admission or certification and all information and records compiled, obtained, or maintained in

the course of providing services to persons under this chapter shall be confidential.

     (b) Information and records may be disclosed only:

     (1) To any person, with the written consent of the patient or his or her guardian.

     (2) In communications among qualified medical or mental health professionals in the

provision of services or appropriate referrals, or in the course of court proceedings. The consent

of the patient, or his or her guardian, must be obtained before information or records may be

disclosed by a professional person employed by a facility to a professional person not employed

by the facility who does not have the medical responsibility for the patient's care.

     (3) When the person receiving services, or his or her guardian, designates persons to

whom information or records may be released, or if the person is a minor, when his or her parents

or guardian makes the designation.

     (4) To the extent necessary for a recipient to make a claim, or for a claim to be made on

behalf of a recipient for aid, insurance, or medical assistance to which he or she may be entitled.

     (5) To proper medical authorities for the purpose of providing emergency medical

treatment where the person's life or health are in immediate jeopardy.

     (6) For program evaluation and/or research, provided that the director adopts rules for the

conduct of the evaluations and/or research. The rules shall include, but need not be limited to, the

requirement that all evaluators and researchers must sign an oath of confidentiality, agreeing not

to divulge, publish, or otherwise make known, to unauthorized persons or the public, any

information obtained in the course of the evaluation or research regarding persons who have

received services such that the person who received the services is identifiable.

     (7) To the courts and persons designated by judges thereof in accordance with applicable

rules of procedure. The records and files maintained in any court proceeding pursuant to this

chapter shall be confidential and available only to the person who was the subject of the

proceeding or his or her attorney.

     (8) To the state medical examiner in connection with the investigation of a fatality of a

current or former patient to the extent necessary to assist the medical examiner in determining the

cause of death.

     (9) To the director of health in accordance with and to the extent authorized by the

provisions of chapter 37.3 of title 5 and all applicable federal laws and regulations; provided,

however, that with respect to any information obtained, the department complies with all state

and federal confidentiality laws, including, but not limited to, chapter 37.3 of title 5 and

specifically section 5-37.3-4(c), and that the name or names of the patient or patients who is or

are determined by the director of health to be immaterial to the request, inquiry or investigation

remain unidentifiable. Any treatment facility, which provides information to the director of health

in accord with a request under this subsection is not liable for wrongful disclosure arising out of

any subsequent disclosure by the director of health.

     (10) To a probate court of competent jurisdiction, petitioner, respondent, and/or their

attorneys, when the information is contained within a decision-making assessment tool which

conforms to the provisions of section 33-15-47.

     (11) To the department of children, youth, and families and/or the department's

contracted designee for the purpose of facilitating effective care planning pursuant to section 42-

72-5.2(2) and in accordance with applicable state and federal laws, for children a child

hospitalized for psychiatric services and such placement is supported by the department services

are paid for in whole or in part by the state, or for a child who may be discharged from an acute

care facility to an out-of-home placement supported by the department, for the purpose of

effective care planning mental or behavioral health agency for services and when such services

will be paid for in whole or in part by the state.

     (12) To the RIte Care health plans for any child enrolled in RIte Care.

SECTION 2. This article shall take effect upon passage.