Except as provided in § 7-1202.06, a mental health professional, mental health facility, data collector or employee or agent of a mental health professional, mental health facility or data collector shall disclose mental health information and a client in a group session may disclose mental health information upon the voluntary written authorization of the person or persons who have the power to authorize disclosure under § 7-1202.05.
(Mar. 3, 1979, D.C. Law 2-136, § 201, DCR 5055.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-2011.
1973 Ed., § 6-1615.
Legislative History of Laws
For legislative history of D.C. Law 2-136, see Historical and Statutory Notes following § 7-1201.01.
(a) Any written authorization which authorizes disclosure pursuant to § 7- 1202.01 shall:
(1) Specify the nature of the information to be disclosed, the type of persons authorized to disclose such information, to whom the information may be disclosed and the specific purposes for which the information may be used both at the time of the disclosure and at any time in the future;
(2) Advise the client of his right to inspect his record of mental health information;
(3) State that the consent is subject to revocation, except where an authorization is executed in connection with a client's obtaining a life or noncancellable or guaranteed renewable health insurance policy, in which case the authorization shall be specific as to its expiration date which shall not exceed 2 years from the date of the policy; or where an authorization is executed in connection with the client's obtaining any other form of health insurance in which case the authorization shall be specific as to its expiration date which shall not exceed 1 year from the date of the policy;
(4) Be signed by the person or persons authorizing the disclosure; and
(5) Contain the date upon which the authorization was signed and the date on which the authorization will expire, which shall be no longer than 365 days from the date of authorization.
(b) Repealed.
(c) A copy of such authorization shall:
(1) Be provided to the client and the person authorizing the disclosure;
(2) Accompany all such disclosures; and
(3) Be included in the client's record of mental health information.
(Mar. 3, 1979, D.C. Law 2-136, § 202, 25 DCR 5055; Dec. 18, 2001, D.C. Law 14-56, § 116(f)(2), 48 DCR 7674; Dec. 10, 2009, D.C. Law 18-88, § 204(a), 56 DCR 7413.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-2012.
1973 Ed., § 6-1616.
Effect of Amendments
D.C. Law 14-56, in subsec. (a)(5), inserted "and the date on which the authorization will expire, which shall be no longer than 60 days from the date of authorization"; and repealed subsec. (b) which had read:
"(b) Any authorization executed pursuant to subsection (a) of this section shall apply only to the disclosure of mental health information which exists as of the date of the authorization."
D.C. Law 18-88, in subsec. (a)(5), substituted "365 days" for "60 days".
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 16(f)(2) of Department of Mental Health Establishment Temporary Amendment Act of 2001 (D.C. Law 14-51, October 30, 2001, law notification 48 DCR 10807).
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 16(f)(2) of Department of Mental Health Establishment Emergency Amendment Act of 2001 (D.C. Act 14-55, May 2, 2001, 48 DCR 4390).
For temporary (90 day) amendment of section, see § 16(f)(2) of Department of Mental Health Establishment Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-101, July 23, 2001, 48 DCR 7123).
For temporary (90 day) amendment of section, see § 116(f)(2) of Mental Health Service Delivery Reform Congressional Review Emergency Act of 2001 (D.C. Act 14-144, October 23, 2001, 48 DCR 9947).
For temporary (90 day) amendment of section, see § 204(a) of Omnibus Public Safety and Justice Emergency Amendment Act of 2009 (D.C. Act 18-181, August 6, 2009, 56 DCR 6903).
For temporary (90 day) amendment of section, see § 204(a) of Omnibus Public Safety and Justice Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-227, October 21, 2009, 56 DCR 8668).
Legislative History of Laws
For legislative history of D.C. Law 2-136, see Historical and Statutory Notes following § 7-1201.01.
For Law 14-56, see notes following § 7-1131.01.
Law 18-88, the "Omnibus Public Safety and Justice Amendment Act of 2009", as introduced in Council and assigned Bill No. 18-151, which was referred to the Committee on Public Safety and the Judiciary. The bill as adopted on first and second readings on June 30, 2009, and July 31, 2009, respectively. Signed by the Mayor on August 26, 2009, it was assigned Act No. 18-189 and transmitted to both Houses of Congress for its review. D.C. Law 18-88 became effective on December 10, 2009.
Mental health information disclosed pursuant to this subchapter cannot be further disclosed by the recipient without authorization as provided in § 7- 1202.01.
(Mar. 3, 1979, D.C. Law 2-136, § 203, 25 DCR 5055.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-2013.
1973 Ed., § 6-1617.
Legislative History of Laws
For legislative history of D.C. Law 2-136, see Historical and Statutory Notes following § 7-1201.01.
Except as provided in § 7-1202.02(a)(3), the person or persons who authorize a disclosure may revoke an authorization by providing a written revocation to the recipient named in the authorization and to the mental health professional, mental health facility or data collector authorized to disclose mental health information. The revocation of authorization shall be effective upon receipt. After the effective revocation date, no mental health information may be disclosed pursuant to the authorization. However, mental health information previously disclosed may be used for the purposes stated in the written authorization.
(Mar. 3, 1979, D.C. Law 2-136, § 204, 25 DCR 5055.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-2014.
1973 Ed., § 6-1618.
Legislative History of Laws
For legislative history of D.C. Law 2-136, see Historical and Statutory Notes following § 7-1201.01.
(a) When a client is 18 years of age or over, the client or client representative shall have the power to authorize disclosures.
(b) When a client is under the age of 18, but beyond the age of 14, disclosures which require authorization may only be authorized by the joint written authorization of the client and the client's parent or legal guardian. When a client is less than 14 years of age, disclosures which require authorization may only be authorized by the client's parent or legal guardian. However, if the client's parent or legal guardian has not expressed consent to the mental health professional regarding the client's receipt of professional services, the client may, by written authorization, consent without any authorization from his parent or legal guardian.
(Mar. 3, 1979, D.C. Law 2-136, § 205, 25 DCR 5055.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-2015.
1973 Ed., § 6-1619.
Legislative History of Laws
For legislative history of D.C. Law 2-136, see Historical and Statutory Notes following § 7-1201.01.
(a) The mental health professional primarily responsible for the diagnosis or treatment of a client may refuse to disclose or limit disclosure of the client's mental health information even though such mental health information is disclosable by virtue of a valid authorization; provided, that:
(1) Such mental health professional reasonably believes that such refusal or limitation on disclosure is necessary to protect the client from a substantial risk of imminent psychological impairment or to protect the client or another individual from a substantial risk of imminent and serious physical injury; and
(2) The mental health professional notifies the person or persons who authorized the disclosure, in writing, of: (A) the refusal or limitation on disclosure; (B) the reasons for such refusal or limitation; and (C) the remedies under this chapter; provided, further, that, in an insurance transaction, the mental health professional shall inform the insurer that the authorized disclosure was refused or limited.
(b) In the event the disclosure is limited by the mental health professional pursuant to subsection (a) of this section, the person or persons who authorized the disclosure may designate an independent mental health professional who shall be in substantially the same or greater professional class as the mental health professional who initially limited disclosure and who shall be permitted to review the client's record of mental health information. The independent mental health professional may authorize disclosure in whole or in part if, after a complete review of the client's record of mental health information, the independent mental health professional determines that the disclosure does not pose to the client a substantial risk of imminent psychological impairment or pose a substantial risk of imminent and serious physical injury to the client or another individual.
(c) A person who has taken action to achieve disclosure in accordance with subsection (b) of this section may institute an action in the Superior Court of the District of Columbia to compel the disclosure of all or any part of the record of the client's mental health information which was not disclosed by the mental health professionals. An action instituted under this subsection shall be brought within 6 months of the denial, in whole or in part, of the disclosure by the independent mental health professional or the denial, in whole or in part, of disclosure to the independent mental health professional by the mental health professional. In the event that a person is indigent and is unable to obtain the services of an independent mental health professional, he may institute an action in the Superior Court of the District of Columbia, without regard to the provisions of subsection (b) of this section; provided, that the action is brought within 6 months of the denial, in whole or in part, of the disclosure by the mental health professional. If the person who instituted the action establishes that he executed a valid authorization which was transmitted to the mental health professional prior to the denial of disclosure by such mental health professional, the burden of proof shall then be placed upon the mental health professional to establish, by a preponderance of the evidence, that the denial of disclosure was in conformity with paragraphs (1) and (2) of subsection (a) of this section.
(d) Any refusal or limitation on disclosure shall be noted in the client's record of mental health information including, but not limited to, the names of the mental health professionals involved, the date of the refusal or limitation, the requested disclosure and the actual disclosure, if any.
(e) This section shall not apply to disclosures under § 21-562 (concerning the disclosure of records of a client hospitalized in a public hospital for a mental illness) or court-related disclosures under subchapter IV of this chapter.
(Mar. 3, 1979, D.C. Law 2-136, § 206, 25 DCR 5055.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-2016.
1973 Ed., § 6-1620.
Legislative History of Laws
For legislative history of D.C. Law 2-136, see Historical and Statutory Notes following § 7-1201.01.
(a) A mental health professional or mental health facility may disclose to a 3rd-party payor mental health information necessary to determine the client's entitlement to, or the amount of, payment benefits for professional services rendered; provided, that the disclosure is pursuant to a valid authorization, or for participating providers, a joint consent, and that the information to be disclosed is limited to:
(1) Administrative information;
(2) Diagnostic information;
(3) The status of the client (voluntary or involuntary);
(4) The reason for admission or continuing treatment; and
(5) A prognosis limited to the estimated time during which treatment might continue.
(b) In the event the 3rd-party payor questions the client's entitlement to or the amount of payment benefits following disclosure under subsection (a) of this section, the 3rd-party payor may, pursuant to a valid authorization, or for participating providers, a joint consent, request an independent review of the client's record of mental health information by a mental health professional or professionals. Mental health information disclosed for the purpose of review shall not be disclosed to the 3rd-party payor.
(Mar. 3, 1979, D.C. Law 2-136, § 207, 25 DCR 5055; Dec. 18, 2001, D.C. Law 14-56, § 116(f)(3), 48 DCR 7674.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-2017.
1973 Ed., § 6-1621.
Effect of Amendments
D.C. Law 14-56, in subsecs. (a) and (b), substituted ", or for participating providers, a joint consent," after "a valid authorization".
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 16(f)(3) of Department of Mental Health Establishment Temporary Amendment Act of 2001 (D.C. Law 14-51, October 30, 2001, law notification 48 DCR 10807).
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 16(f)(3) of Department of Mental Health Establishment Emergency Amendment Act of 2001 (D.C. Act 14-55, May 2, 2001, 48 DCR 4390).
For temporary (90 day) amendment of section, see § 16(f)(3) of Department of Mental Health Establishment Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-101, July 23, 2001, 48 DCR 7123).
For temporary (90 day) amendment of section, see § 116(f)(3) of Mental Health Service Delivery Reform Congressional Review Emergency Act of 2001 (D.C. Act 14-144, October 23, 2001, 48 DCR 9947).
Legislative History of Laws
For legislative history of D.C. Law 2-136, see Historical and Statutory Notes following § 7-1201.01.
For Law 14-56, see notes following § 7-1131.01.
