(a) Mental health information may be disclosed to other individuals employed at the individual mental health facility when and to the extent necessary to facilitate the delivery of professional services to the client.
(b) Mental health information may be disclosed by participating providers to other participating providers when and to the extent necessary to facilitate the delivery of mental health services and mental health supports to the consumer.
(Mar. 3, 1979, D.C. Law 2-136, § 301, 25 DCR 5055; Dec. 18, 2001, D.C. Law 14-56, § 116(f)(4), 48 DCR 7674.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-2021.
1973 Ed., § 6-1622.
Effect of Amendments
D.C. Law 14-56, in the heading, substituted "facility." for "facility or to participating providers."; designated subsec. (a); and added subsec. (b).
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 16(f)(4) 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)(4) 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)(4) 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)(4) 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.
Mental health information may be disclosed by a mental health professional or mental health facility where necessary and, to the extent necessary:
(1) To meet the requirements of § 21-586 (concerning financial responsibility for the care of hospitalized persons);
(2) To meet the compulsory reporting provisions of District or federal law that seek to promote human health and safety, including §4-1371.12; or
(3) For the purposes of and in accordance with Chapter 2A of this title.
(Mar. 3, 1979, D.C. Law 2-136, § 302, 25 DCR 5055; Oct. 3, 2001, D.C. Law 14-28, § 4616, 48 DCR 6981; Dec. 4, 2010, D.C. Law 18-273, § 204(a), 57 DCR 7171.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-2022.
1973 Ed., § 6-1623.
Effect of Amendments
D.C. Law 14-28, inserted ", including § 4-1317.12".
D.C. Law 18-273 rewrote the section, which had read as follows:
"Mental health information may be disclosed by a mental health professional or mental health facility where necessary and, to the extent necessary, to meet the requirements of § 21-586 (concerning financial responsibility for the care of hospitalized persons) or to meet the compulsory reporting provisions of District or federal law which attempt to promote human health and safety, including § 4-1317.12."
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 16 of Child Fatality Review Committee Establishment Temporary Act of 2001 (D.C. Law 14-20, September 6, 2001, law notification 48 DCR 9090).
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 16 of Child Fatality Review Committee Establishment Emergency Act of 2001 (D.C. Act 14-40, April 25, 2001, 48 DCR 5917).
For temporary (90 day) amendment of section, see § 16 of Child Fatality Review Committee Establishment Legislative Review Emergency Act of 2001 (D.C. Act 14- 82, July 9, 2001, 48 DCR 6355).
For temporary (90 day) amendment of section, see § 204(a) of Data-Sharing and Information Coordination Emergency Amendment Act of 2010 (D.C. Act 18-530, August 6, 2010, 57 DCR 8099).
For temporary (90 day) amendment of section, see § 204(a) of Data-Sharing and Information Coordination Congressional Review Emergency Amendment Act of 2010 (D.C. Act 18-582, October 20, 2010, 57 DCR 10118).
Legislative History of Laws
For legislative history of D.C. Law 2-136, see Historical and Statutory Notes following § 7-1201.01.
For Law 14-28, see notes following § 7-219.
For Law 18-273, see notes following § 7-131.
(a) To the extent the disclosure of mental health information is not otherwise authorized by this chapter, mental health information may be disclosed, on an emergency basis, to one or more of the following if the mental health professional reasonably believes that such disclosure is necessary to initiate or seek emergency hospitalization of the client under § 21-521 or to otherwise protect the client or another individual from a substantial risk of imminent and serious physical injury:
(1) The client's spouse, parent, or legal guardian;
(2) A duly accredited officer or agent of the District of Columbia in charge of public health;
(3) The Department of Mental Health;
(4) A provider as that term is defined in § 7-1131.02(27);
(5) The District of Columbia Pretrial Services Agency;
(6) The Court Services and Offender Supervision Agency;
(7) A court exercising jurisdiction over the client as a result of a pending criminal proceeding;
(8) Emergency medical personnel;
(9) An officer authorized to make arrests in the District of Columbia; or
(10) An intended victim.
(a-1) Any disclosure of mental health information under this section shall be limited to the minimum necessary to initiate or seek emergency hospitalization of the client under § 21-521 or to otherwise protect the client or another individual from a substantial risk of imminent and serious physical injury.
(b) Mental health information disclosed to the Metropolitan Police Department pursuant to this section shall be maintained separately and shall not be made a part of any permanent police record. Such mental health information shall not be further disclosed except as a court-related disclosure pursuant to subchapter IV of this chapter. If no judicial action relating to the disclosure under this section is pending at the expiration of the statute of limitations governing the nature of the judicial action, the mental health information shall be destroyed. If a judicial action relating to the disclosure under this section is pending at the expiration of the statute of limitations, the mental health information shall be destroyed at the termination of the judicial action.
(c) Mental health information contained in a certification of incapacity, pursuant to § 21-2204, may be disclosed to initiate a proceeding pursuant to Chapter 20 of Title 21.
(Mar. 3, 1979, D.C. Law 2-136, § 303, 25 DCR 5055; Dec. 18, 2001, D.C. Law 14-56, § 116(f)(5), 48 DCR 7674; Oct. 22, 2008, D.C. Law 17-249, § 4, 55 DCR 9206; Dec. 10, 2009, D.C. Law 18-88, § 204(b), 56 DCR 7413.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-2023.
1973 Ed., § 6-1624.
Effect of Amendments
D.C. Law 17-249 added subsec. (c).
D.C. Law 18-88 rewrote subsec. (a) and added subsec. (a-1). Prior to amendment, subsec. (a) read as follows:
"(a) Mental health information may be disclosed, on an emergency basis, to 1 or more of the following: The client's spouse, parent, legal guardian, a duly accredited officer or agent of the District of Columbia in charge of public health, the Department of Mental Health, a provider as defined in § 7- 1131.02(27), an officer authorized to make arrests in the District of Columbia or an intended victim if the mental health professional reasonably believes that such disclosure is necessary to initiate or seek emergency hospitalization of the client under § 21-521 or to otherwise protect the client or another individual from a substantial risk of imminent and serious physical injury."
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 16(f)(5) 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)(5) 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)(5) 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, see § 4 of Health-Care Decisions for Persons with Developmental Disabilities Emergency Act of 2008 (D.C. Act 17-492, August 4, 2008, 55 DCR 9167).
For temporary (90 day) amendment of section, see § 204(b) 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(b) 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.
Law 17-249, the "Health-Care Decisions for Persons with Developmental Disabilities Amendment Act of 2008", was introduced in Council and assigned Bill No. 17-432 which was referred to the Committee on Human Services. The Bill was adopted on first and second readings on July 1, 2008, and July 15, 2008, respectively. Signed by the Mayor on August 4, 2008, it was assigned Act No. 17-496 and transmitted to both Houses of Congress for its review. D.C. Law 17-249 became effective on October 22, 2008.
For Law 18-88, see notes following § 7-1202.02.
(a) A mental health professional or mental health facility may disclose the administrative information necessary for the collection of his or its fee from the client to a person authorized by the mental health professional or mental health facility for the collection of a fee from such client if the client or client representative has received a written notification that the fee is due and has failed to arrange for payment with the mental health professional or mental health facility within a reasonable time after such notification.
(b) In the event of a claim in any civil action for the collection of such a fee, no additional mental health information shall be disclosed in litigation, except to the extent necessary:
(1) To respond to a motion of the client or client representative for greater specificity; or
(2) To dispute a defense or counterclaim.
(Mar. 3, 1979, D.C. Law 2-136, § 304, 25 DCR 5055.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-2024.
1973 Ed., § 6-1625.
Legislative History of Laws
For legislative history of D.C. Law 2-136, see Historical and Statutory Notes following § 7-1201.01.
In addition to the disclosures authorized pursuant to Chapter 2A of this title, a mental health professional or mental health facility may disclose mental health information to qualified personnel, if necessary, for the purpose of conducting scientific research or management audits, financial audits or program evaluation of the mental health professional or mental health facility; provided, that such personnel have demonstrated and provided assurances, in writing, of their ability to insure compliance with the requirements of this chapter. Such personnel shall not identify, directly or indirectly, an individual client in any reports of such research, audit or evaluation, or otherwise disclose client identities in any manner; except, that de-identified data may be shared in accordance with the Health Insurance Portability and Accountability Act of 1996, approved August 21, 1996 (110 Stat. 1936; 42 U.S.C. § 1320d et seq.).
(Mar. 3, 1979, D.C. Law 2-136, § 305, 25 DCR 5055; Dec. 4, 2010, D.C. Law 18-273, § 204(b), 57 DCR 7171.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-2025.
1973 Ed., § 6-1626.
Effect of Amendments
D.C. Law 18-273 inserted "In addition to the disclosures authorized pursuant to Chapter 2A of this title, a mental health professional"; and inserted "any manner; except, that de-identified data may be shared in accordance with the Health Insurance Portability and Accountability Act of 1996, approved August 21, 1996 (110 Stat. 1936; 42 U.S.C. § 1320d et seq.)".
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 204(b) of Data-Sharing and Information Coordination Emergency Amendment Act of 2010 (D.C. Act 18-530, August 6, 2010, 57 DCR 8099).
For temporary (90 day) amendment of section, see § 204(b) of Data-Sharing and Information Coordination Congressional Review Emergency Amendment Act of 2010 (D.C. Act 18-582, October 20, 2010, 57 DCR 10118).
Legislative History of Laws
For legislative history of D.C. Law 2-136, see Historical and Statutory Notes following § 7-1201.01.
For Law 18-273, see notes following § 7-131.
(a) A mental health professional or mental health facility may disclose to a correctional institution or a law enforcement official having lawful custody of an individual mental health information about the individual to facilitate the delivery of mental health services and mental health supports to the individual.
(b) Any disclosure of mental health information under this section shall be limited to the minimum necessary to facilitate the delivery of mental health services and mental health supports.
(Mar. 3, 1979, D.C. Law 2-136, § 305a, as added Dec. 10, 2009, D.C. Law 18-88, § 204(c), 56 DCR 7413.)
HISTORICAL AND STATUTORY NOTES
Emergency Act Amendments
For temporary (90 day) addition, see § 204(c) 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) addition, see § 204(c) 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 Law 18-88, see notes following § 7-1202.02.
Mental health information disclosed pursuant to this subchapter shall not be redisclosed except as specifically authorized by subchapter II, III or IV of this chapter or for the purposes of and in accordance with Chapter 2A of this title.
(Mar. 3, 1979, D.C. Law 2-136, § 306, 25 DCR 5055; Dec. 4, 2010, D.C. Law 18-273, § 204(c), 57 DCR 7171; Sept. 26, 2012, D.C. Law 19-171, § 53(b)(1), 59 DCR 6190.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-2026.
1973 Ed., § 6-1627.
Effect of Amendments
D.C. Law 18-273 substituted "of this chapter or for the purposes of and in accordance with Chapter 2A of this title" for "of this chapter".
D.C. Law 19-171 validated a previously made technical correction in the section designation.
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 204(c) of Data-Sharing and Information Coordination Emergency Amendment Act of 2010 (D.C. Act 18-530, August 6, 2010, 57 DCR 8099).
For temporary (90 day) amendment of section, see § 204(c) of Data-Sharing and Information Coordination Congressional Review Emergency Amendment Act of 2010 (D.C. Act 18-582, October 20, 2010, 57 DCR 10118).
Legislative History of Laws
For legislative history of D.C. Law 2-136, see Historical and Statutory Notes following § 7-1201.01.
For Law 18-273, see notes following § 7-131.
For history of Law 19-171, see notes under § 7-242.
