HF 3012

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to occupations; permitting the release of 
  1.3             client information without the consent of the client 
  1.4             under certain circumstances; proposing coding for new 
  1.5             law in Minnesota Statutes, chapter 148. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [148.977] [CRIMES AGAINST A PROVIDER.] 
  1.8      Subdivision 1.  [RELEASE OF INFORMATION.] Notwithstanding 
  1.9   section 144.335, a provider may disclose information contained 
  1.10  in a client's health record without the consent of the client or 
  1.11  former client if the provider knows or has reason to believe 
  1.12  that a crime has been committed against the provider by the 
  1.13  client or former client.  The information to be disclosed is 
  1.14  limited to the identity of the client or former client, an 
  1.15  acknowledgment of the professional relationship, and any 
  1.16  information regarding the suspected crime.  The provider may 
  1.17  disclose this information only to the appropriate law 
  1.18  enforcement agency.  The provider shall not disclose any 
  1.19  information contained in the client's health record not 
  1.20  specifically related to the suspected crime. 
  1.21     Subd. 2.  [LIMITATION ON LIABILITY.] No monetary liability, 
  1.22  cause of action, or disciplinary action by the board may arise 
  1.23  against a provider for disclosure of information under 
  1.24  subdivision 1 if the disclosure was made in good faith.  
  1.25     Subd. 3.  [CONTINUITY OF CARE.] Nothing in subdivision 1 
  2.1   shall be construed to authorize a provider to terminate 
  2.2   treatment of a client by any means other than those permitted 
  2.3   under the Minnesota Psychology Practice Act.