Title 37, Chapter 4, Section 125
( 37-4-125)
(a) A clinical record for each client shall be maintained.
Authorized release of the record shall include but not be limited to
examination of the original record, copies of all or any portion of
the record, or disclosure of information from the record, except for
matters privileged under the laws of this state. Such examination
shall be conducted on hospital premises at reasonable times
determined by the facility. The clinical record shall not be a
public record and no part of it shall be released except: (1) When the superintendent of the facility where the record is
kept deems it essential for continued habilitation, a copy of the
record or parts thereof may be released to persons in charge of a
client's habilitation when and as necessary for the habilitation
of the client; (2) A copy of the record may be released to any person or entity
designated in writing by the client or, if appropriate, the parent
of a minor, the legal guardian of an adult or minor, or a person
to whom legal custody of a minor client has been given by order of
a court; (2.1) A copy of the record of a deceased client or deceased former
client may be released to or in response to a valid subpoena of a
coroner or medical examiner under Chapter 16 of Title 45, except
for matters privileged under the laws of this state; (3) When the habilitation plan of the client involves transfer of
that client to another facility or involves the receipt of
community services by the client, a copy of the record may be
released to that facility or to that entity rendering such
community services; (4) A copy of the record or any part thereof may be disclosed to
any employee or staff member of the facility when it is necessary
for the proper habilitation of the client; (5) A copy of the record shall be released to the client's
attorney if the attorney so requests and the client, or the
client's legal guardian, consents to the release; (6) In a bona fide medical emergency, as determined by a physician
treating the client, the superintendent may release a copy of the
record to the treating physician; (7) At the request of the client, the client's legal guardian, or
the client's attorney, the record shall be produced by the entity
having custody thereof at any hearing held under this chapter; (8) A copy of the record shall be produced in response to a valid
subpoena or order of any court of competent jurisdiction, except
for matters privileged under the laws of this state; (8.1) A copy of the record may be released to the legal
representative of a deceased client's estate, except for matters
privileged under the laws of this state; (9) Notwithstanding any other provision of law to the contrary, a
law enforcement officer in the course of a criminal investigation
may be informed as to whether a person is or has been a client in
a state facility, as well as the client's current address, if
known; (10) A copy of the client's clinical record may be released under the conditions and for the uses and purposes set forth in Code Section 31-7-6; and (11) Notwithstanding any other provision of law to the contrary, a
law enforcement officer in the course of investigating the
commission of a crime on the premises of a facility covered by
this chapter or against facility personnel or a threat to commit
such a crime may be informed as to the circumstances of the
incident, including whether the individual allegedly committing or
threatening to commit a crime is or has been a client in the
facility, and the name, address, and last known whereabouts of any
alleged client perpetrator. (b) In connection with any hearing held under this chapter, any physician, including any psychiatrist, or any psychologist who is treating or who has treated the client shall be authorized to give evidence as to any matter concerning the client, including evidence as to communications otherwise privileged under Code Section 24-9-21, 24-9-40, or 43-39-16. (c) Any disclosure authorized by this Code section or any unauthorized disclosure of confidential or privileged client information or communications shall not in any way abridge or destroy the confidential or privileged character thereof, except for the purpose for which such authorized disclosure is made. Any person making a disclosure authorized by subsection (a) of this Code section shall not be liable to the client or any other person, notwithstanding any contrary provision of Code Section 24-9-21, 24-9-40, or 43-39-16. |