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Current through October 23, 2012
(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(b) Repealed.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date on which the authorization will expire, which shall be no longer than 60 days from the date of authorization"; and repealed subsec.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.
