Haw. Code R. § 11-175-31 - Right to confidentiality of the clinical record

(a) Information in the clinical record of a consumer of mental health or substance abuse services shall be confidential and shall not be shared outside the mental health division, outside a contract program, or by a private provider, except information shall be disclosed:

(1) When there is an emergency which requires immediate sharing of information; however, a consumer of substance abuse services shall not be identified directly or indirectly as a substance abuser;

(2) When it is determined that a consumer poses a serious danger or threat of violence toward another.. Information shall be released in keeping with the duty to exercise reasonable care to protect foreseeable victims; however, a consumer of substance abuse services shall not be identified directly or indirectly as a substance abuser:

(3) When there is suspected abuse or neglect of a minor as provided in chapter 350, HRS, and when there is suspected abuse or neglect of an elderly or vulnerable adult as provided in chapter 349C, HRS; however, any person named in such a report who is a consumer of substance abuse services shall not be identified directly or indirectly as a substance abuser;

(4) When disclosure is deemed necessary by the director or the administrator of a private psychiatric facility to carry out the provisions of chapter 334, HRS, and after justification has been placed in the consumer's clinical record, except for consumers of substance abuse services, for which informed consent to release of information is required;

(5) When specific information is ordered to be disclosed by a court, and is deemed by the court to be necessary In. connection with the proceedings before it;

(6) For management information purposes to the mental health division by the department's direct and contract services;

(7) For monitoring purposes to authorized mental health division monitors by the department's direct and contract services;

(8) When required by federal or state statutes; or

(9) When the holder of the record has obtained informed consent to release of information from the consumer or the consumer's legal guardian.

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Notes

Haw. Code R. § 11-175-31

[Eff. Add comp 12/30/88; comp DEC 16 2010] (Auth: HRS § 321-9) (Imp: HRS §§ 334-5, 334E-2)