§17-1601-10 - Restrictions against disclosure of substance abuse related material.

§17-1601-10 Restrictions against disclosure of substance abuse related material.

(a) Records or other information concerning patients in an alcohol or drug abuse program, including their identity, diagnosis, prognosis, and treatment, shall be confidential and unauthorized disclosure shall be prohibited without:

(1) The informed consent of the patient; or

(2) A court order that contains the following

findings:

(A) There is reasonable cause to believe the child has been abused or neglected;

(B) Safety of the child must be ensured and treatment of the child and family must be provided;

(C) Other ways of obtaining the information are not available or would not be effective;

(D) Information shall be shared among those providing services, treatment, and care to the child and family; and

(E) The need to share information to provide safety to the child and ensure appropriate treatment to the family outweigh the potential injury to the patient, the physician-patient relationship, and to the treatment services.

(b) A court order authorizing a disclosure shall:

(1) Limit disclosure to those parts of the patient's records which are essential to fulfill the objective of the court order;

(2) Limit disclosure to those persons whose need for information is the basis for the court order; and

(3) Include such other measures that are necessary to limit disclosure for the protection of the patient, the physician-patient relationship, and the treatment services.

(c) If all of the requirements listed in subsections (a) and (b) are not met, the department shall not disclose or re-disclose any information concerning patients in an alcohol or drug abuse program.

        [Eff DEC 09 2004 ] (Auth: HRS §346-10) (Imp: HRS §§346-10, 587-81; 42 U.S.C. §290dd-2)

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