1.1 	A bill for an act
1.2 	relating to health occupations; authorizing a
1.3 	psychologist to release information to law enforcement
1.4 	without the consent of the client; amending Minnesota
1.5 	Statutes 2004, sections 13.384, subdivision 3; 13.46,
1.6 	subdivision 7; proposing coding for new law in
1.7 	Minnesota Statutes, chapter 148.
1.8 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.9 	Section 1. Minnesota Statutes 2004, section 13.384,
1.10 	subdivision 3, is amended to read:
1.11 		Subd. 3.Classification of medical data.  Unless the data
1.12 	is summary data or a statute specifically provides a different
1.13 	classification, medical data are private but are available only
1.14 	to the subject of the data as provided in section 144.335, and
1.15 	shall not be disclosed to others except:
1.16 	(a) pursuant to section 13.05;
1.17 	(b) pursuant to section 253B.0921;
1.18 	(c) pursuant to a valid court order;
1.19 	(d) to administer federal funds or programs;
1.20 	(e) to the surviving spouse, parents, children, and
1.21 	siblings of a deceased patient or client or, if there are no
1.22 	surviving spouse, parents, children, or siblings, to the
1.23 	surviving heirs of the nearest degree of kindred;
1.24 	(f) to communicate a patient's or client's condition to a
1.25 	family member or other appropriate person in accordance with
1.26 	acceptable medical practice, unless the patient or client
2.1 	directs otherwise; or 
2.2 	(g) when an individual providing mental health services is
2.3 	believed to be the victim of a crime committed by a client,
2.4 	patient, or former client or patient and the disclosure is
2.5 	limited to the data authorized by Code of Federal Regulations,
2.6 	title 45, section 164.512(f)(2); or 
2.7 	(h) as otherwise required or permitted by law.

2.8 	Sec. 2. Minnesota Statutes 2004, section 13.46,
2.9 	subdivision 7, is amended to read:
2.10 		Subd. 7.Mental health data.  (a) Mental health data are
2.11 	private data on individuals and shall not be disclosed, except:
2.12 	(1) pursuant to section 13.05, as determined by the
2.13 	responsible authority for the community mental health center,
2.14 	mental health division, or provider;
2.15 	(2) pursuant to court order;
2.16 	(3) pursuant to a statute specifically authorizing access
2.17 	to or disclosure of mental health data or as otherwise provided
2.18 	by this subdivision; or 
2.19 	(4) with the consent of the client or patient;
2.20 	(5) when an individual providing mental health services is
2.21 	believed to be the victim of a crime committed by a client,
2.22 	patient, or former client or patient and the disclosure is
2.23 	limited to the data authorized by Code of Federal Regulations,
2.24 	title 45, section 164.512(f)(2); or 
2.25 	(6) as otherwise permitted by law.
2.26 	(b) An agency of the welfare system may not require an
2.27 	individual to consent to the release of mental health data as a
2.28 	condition for receiving services or for reimbursing a community
2.29 	mental health center, mental health division of a county, or
2.30 	provider under contract to deliver mental health services.
2.31 	(c) Notwithstanding section 245.69, subdivision 2,
2.32 	paragraph (f), or any other law to the contrary, the responsible
2.33 	authority for a community mental health center, mental health
2.34 	division of a county, or a mental health provider must disclose
2.35 	mental health data to a law enforcement agency if the law
2.36 	enforcement agency provides the name of a client or patient and
3.1 	communicates that the:
3.2 	(1) client or patient is currently involved in an emergency
3.3 	interaction with the law enforcement agency; and
3.4 	(2) data is necessary to protect the health or safety of
3.5 	the client or patient or of another person.
3.6 	The scope of disclosure under this paragraph is limited to
3.7 	the minimum necessary for law enforcement to respond to the
3.8 	emergency.  Disclosure under this paragraph may include, but is
3.9 	not limited to, the name and telephone number of the
3.10 	psychiatrist, psychologist, therapist, mental health
3.11 	professional, practitioner, or case manager of the client or
3.12 	patient.  A law enforcement agency that obtains mental health
3.13 	data under this paragraph shall maintain a record of the
3.14 	requestor, the provider of the information, and the client or
3.15 	patient name.  Mental health data obtained by a law enforcement
3.16 	agency under this paragraph are private data on individuals and
3.17 	must not be used by the law enforcement agency for any other
3.18 	purpose.  A law enforcement agency that obtains mental health
3.19 	data under this paragraph shall inform the subject of the data
3.20 	that mental health data was obtained.
3.21 	(d) In the event of a request under paragraph (a), clause
3.22 	(4), a community mental health center, county mental health
3.23 	division, or provider must release mental health data to
3.24 	Criminal Mental Health Court personnel in advance of receiving a
3.25 	copy of a consent if the Criminal Mental Health Court personnel
3.26 	communicate that the:
3.27 	(1) client or patient is a defendant in a criminal case
3.28 	pending in the district court;
3.29 	(2) data being requested is limited to information that is
3.30 	necessary to assess whether the defendant is eligible for
3.31 	participation in the Criminal Mental Health Court; and
3.32 	(3) client or patient has consented to the release of the
3.33 	mental health data and a copy of the consent will be provided to
3.34 	the community mental health center, county mental health
3.35 	division, or provider within 72 hours of the release of the data.
3.36 	For purposes of this paragraph, "Criminal Mental Health
4.1 	Court" refers to a specialty criminal calendar of the Hennepin
4.2 	County District Court for defendants with mental illness and
4.3 	brain injury where a primary goal of the calendar is to assess
4.4 	the treatment needs of the defendants and to incorporate those
4.5 	treatment needs into voluntary case disposition plans.  The data
4.6 	released pursuant to this paragraph may be used for the sole
4.7 	purpose of determining whether the person is eligible for
4.8 	participation in mental health court.  This paragraph does not
4.9 	in any way limit or otherwise extend the rights of the court to
4.10 	obtain the release of mental health data pursuant to court order
4.11 	or any other means allowed by law.

4.12 	Sec. 3. [148.977] CRIMES AGAINST A PROVIDER.
4.13 	Notwithstanding section 144.335, if the provider has been
4.14 	the victim of a crime and knows that the crime was committed by
4.15 	a client or former client, the provider may disclose the
4.16 	identity of the client or former client, and acknowledge the
4.17 	professional relationship to the appropriate law enforcement
4.18 	agency.  The provider shall not disclose any private information
4.19 	contained in the client's health record that is not specifically
4.20 	related to the crime.