Except as provided elsewhere by law, mental health information acquired by a mental health professional pursuant to a court-ordered examination may be disclosed in a manner provided by rules of court or by order of the court.
(Mar. 3, 1979, D.C. Law 2-136, § 401, 25 DCR 5055; Dec. 18, 2001, D.C. Law 14-56, § 116(f)(6), 48 DCR 7674.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-2031.
1973 Ed., § 6-1628.
Effect of Amendments
D.C. Law 14-56, inserted "or by order of the court.".
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 16(f)(6) 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)(6) 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)(6) of Department of Mental Health Establishment Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-101, July 23, 2001, 48 DCR 7123).
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 when and to the extent necessary to initiate or seek civil commitment proceedings under § 21-541.
(Mar. 3, 1979, D.C. Law 2-136, § 402, 25 DCR 5055.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-2032.
1973 Ed., § 6-1629.
Legislative History of Laws
For legislative history of D.C. Law 2-136, see Historical and Statutory Notes following § 7-1201.01.
(a) Mental health information may be disclosed in a civil or administrative proceeding in which the client or the client representative or, in the case of a deceased client, any party claiming or defending through or a beneficiary of the client, initiates his mental or emotional condition or any aspect thereof as an element of the claim or defense.
(b)(1) In addition to mental health information that is disclosed when a defendant's competence or mental health is at issue or when otherwise authorized by law, in a criminal proceeding, the court may order the disclosure, or redisclosure, of a defendant or offender's mental health information when and only to the extent necessary to monitor the defendant or offender's compliance with a condition of pretrial release, probation, parole, supervised release, or diversion agreement that the defendant or offender obtain or comply with mental health treatment ordered by a court or the U.S. Parole Commission.
(2) Any disclosure or redisclosure of mental health information ordered under this subsection shall be limited to the minimum necessary to monitor the individual's compliance and the court's order shall specify the information that may be disclosed or redisclosed.
(Mar. 3, 1979, D.C. Law 2-136, § 403, 25 DCR 5055; Dec. 10, 2009, D.C. Law 18-88, § 204(d), 56 DCR 7413.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-2033.
1973 Ed., § 6-1630.
Effect of Amendments
D.C. Law 18-88 designated the existing text as susbsec. (a); and added subsec. (b).
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 204(d) 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(d) 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 18-88, see notes following § 7-1202.02.
Redisclosure of any mental health information disclosed pursuant to this subchapter shall be governed by order of the court or, if no order is issued, by the rules of the Superior Court of the District of Columbia.
(Mar. 3, 1979, D.C. Law 2-136, § 404, 25 DCR 5055.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-2034.
1973 Ed., § 6-1631.
Legislative History of Laws
For legislative history of D.C. Law 2-136, see Historical and Statutory Notes following § 7-1201.01.
A client, client representative or any other party in a civil, criminal or administrative action, in which mental health information has been or will be disclosed, shall have the right to move the court to denominate, style or caption the names of all parties as "John Doe" or otherwise protect the anonymity of all of the parties.
(Mar. 3, 1979, D.C. Law 2-136, § 405, 25 DCR 5055.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-2035.
1973 Ed., § 6-1632.
Legislative History of Laws
For legislative history of D.C. Law 2-136, see Historical and Statutory Notes following § 7-1201.01.
