2023 -- S 0719
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LC001644
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S TATE OF RHODE IS LAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2023
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A N A C T
RELATING TO BEHAVIORAL HEALTHCARE, DEVELOPMENTAL DISABI LITIES AND
HOSPITALS -- MENTAL HEALTH LAW
Introduced By: Senators McKenney, DiMario, Cano, Euer, and Burke
Date Introduced: March 22, 2023
Referred To: Senate Health & Human Services
(Dept. of BHDDH)
It is enacted by the General Assembly as follows:
SECTION 1. Sections 40.1-5-26 and 40.1-5-29 of the General Laws in Chapter 40.1-5 1
entitled "Mental Health Law" are hereby amended to read as follows: 2
40.1-5-26. Disclosure of confidential information and records. 3
(a) The fact of admission or certification, and all information and records compiled, 4
obtained, or maintained in the course of providing services to persons under this chapter, shall be 5
confidential. 6
(b) Information and records may be disclosed only: 7
(1) To any person, with the written consent of the patient, or his or her guardian. 8
(2) In communications among qualified medical or mental health professionals in for the 9
provision of services, or to make appropriate referrals, or in the course of court proceedings. The 10
consent of the patient, or his or her guardian, must be obtained before information or records may 11
be disclosed by a professional person employed by a facility to a professional person not employed 12
by the facility who does not have the medical responsibility for the patient’s care for diagnosis, 13
treatment, and/or transitions of care. 14
(3) When the person receiving services, or his or her guardian, designates persons to whom 15
information or records may be released, or if the person is a minor, when his or her parents or 16
guardian make the designation. 17
(4) To the extent necessary for a recipient to make a claim, or for a claim to be made on 18
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behalf of a recipient, for aid, insurance, or medical assistance to which he or she may be entitled. 1
(5) To proper medical authorities for the purpose of providing emergency medical 2
treatment where the person’s life or health are in immediate jeopardy. 3
(6) For program evaluation and/or research, provided that the director adopts rules for the 4
conduct of the evaluations and/or research. The rules shall include, but need not be limited to, the 5
requirement that all evaluators and researchers must sign an oath of confidentiality, agreeing not to 6
divulge, publish, or otherwise make known, to unauthorized persons or the public, any information 7
obtained in the course of the evaluation or research regarding persons who have received services 8
such that the person who received the services is identifiable. 9
(7) To the courts, and persons designated by judges thereof, in accordance with applicable 10
rules of procedure. The records and files maintained in any court proceeding pursuant to this chapter 11
shall be confidential and available only to the person who was the subject of the proceeding, or his 12
or her attorney. 13
(8) To the state medical examiner in connection with the investigation of a fatality of a 14
current or former patient to the extent necessary to assist the medical examiner in determining the 15
cause of death. 16
(9) To the director of health in accordance with, and to the extent authorized by, the 17
provisions of chapter 37.3 of title 5 and all applicable federal laws and regulations; provided, 18
however, that with respect to any information obtained, the department complies with all state and 19
federal confidentiality laws, including, but not limited to, chapter 37.3 of title 5 and specifically § 20
5-37.3-4(c), and that the name, or names, of the patient, or patients, who is or are determined by 21
the director of health to be immaterial to the request, inquiry, or investigation remain unidentifiable. 22
Any treatment facility that provides information to the director of health in accord with a request 23
under this subsection is not liable for wrongful disclosure arising out of any subsequent disclosure 24
by the director of health. 25
(10) To a probate court of competent jurisdiction, petitioner, respondent, and/or their 26
attorneys, when the information is contained within a decision-making assessment tool that 27
conforms to the provisions of § 33-15-47. 28
(11) To the department of children, youth and families and/or the department’s contracted 29
designee for the purpose of facilitating effective care planning pursuant to § 42-72-5.2(2) and in 30
accordance with applicable state and federal laws, for a child hospitalized for psychiatric services 31
and such services are paid for in whole or in part by the state, or for a child who may be discharged 32
from an acute-care facility to an out-of-home mental or behavioral health agency for services and 33
when such services will be paid for in whole or in part by the state. 34
LC001644 - Page 3 of 4
(12) To the RIte Care health plans for any child enrolled in RIte Care. 1
(13) To the NICS database for firearms disqualifying information provided that only 2
individual identifying information required by § 40.1-5-8(l) is submitted. 3
(14) To any vendor, agent, contractor, or designee who operates an electronic health record, 4
health information exchange, or clinical management system to fulfill one of the purposes specified 5
in subsection (b) of this section. 6
(c) Written consent must be obtained from the patient, or the patient's guardian, before 7
disclosures for purposes other than those allowed in subsection (b) of this section and for disclosure 8
of psychotherapy notes that are otherwise excluded from a patient's record; 9
(d) In accordance with applicable federal and state laws, psychotherapy notes related to the 10
treatment of a patient may be disclosed without the written consent of the patient or the patient's 11
guardian in the course of court proceedings consistent with subsection (b)(7) of this section. 12
(e) The penalties pursuant to § 5-37.3-9 shall apply to any violation of the confidentiality 13
provisions of this section. 14
40.1-5-29. Record of disclosure. 15
(a) When any disclosure of information or records is made, the physician in charge of the 16
patient or the professional person in charge of the facility, or his or her designee, shall promptly 17
cause to be entered into the patient’s medical record the date and circumstances under which the 18
disclosure was made, the names, and relationships to the patient, if any, of the person or agencies 19
to whom the disclosure was made, and the information disclosed. 20
(b) When any disclosure of information or records is made through automated electronic 21
exchanges such as those facilitated by electronic health records or health information exchanges, 22
the appropriate system operator shall promptly record the date and circumstances under which the 23
disclosure was made, the names and relationships to the patient, if any, of the person or agencies 24
to whom the disclosure was made, and the information disclosed. 25
(c) Documentation related to disclosure of information or records, including the content 26
thereof, as required under subsections (a) and/or (b) of this section, shall be made available to the 27
patient upon the patient's or the patient's guardian's request. 28
SECTION 2. This act shall take effect upon passage. 29
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LC001644
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO BEHAVIORAL HEALTHCARE, DEVEL OPMENTAL DISABILITIES AND
HOSPITALS -- MENTAL HEALTH LAW
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This act would amend provisions of law relative to the disclosure of confidential healthcare 1
information and records and the disclosure thereof occurring through electronic means. 2
This act would take effect upon passage. 3
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LC001644
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