as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to government data practices; providing for 1.3 disclosure and sharing of certain data to law 1.4 enforcement; amending Minnesota Statutes 2002, section 1.5 13.46, subdivision 7. 1.6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.7 Section 1. Minnesota Statutes 2002, section 13.46, 1.8 subdivision 7, is amended to read: 1.9 Subd. 7. [MENTAL HEALTH CENTER DATA.] (a) Mental health 1.10 data are private data on individuals and shall not be disclosed, 1.11 except: 1.12 (1) pursuant to section 13.05, as determined by the 1.13 responsible authority for the community mental health center, 1.14 mental health division, or provider; 1.15 (2) pursuant to court order; 1.16 (3) pursuant to a statute specifically authorizing access 1.17 to or disclosure of mental health data or as otherwise provided 1.18 by this subdivision; or 1.19 (4) with the consent of the client or patient. 1.20 (b) An agency of the welfare system may not require an 1.21 individual to consent to the release of mental health data as a 1.22 condition for receiving services or for reimbursing a community 1.23 mental health center, mental health division of a county, or 1.24 provider under contract to deliver mental health services. 1.25 (c) Notwithstanding section 245.69, subdivision 2, 2.1 paragraph (f), or any other law to the contrary, the responsible 2.2 authority for a community mental health center, mental health 2.3 division of a county, or a mental health provider may disclose 2.4 mental health data to a law enforcement agency if the law 2.5 enforcement agency provides the name of a client or patient and 2.6 communicates that the: 2.7 (1) client or patient is currently involved in an emergency 2.8 interaction with the law enforcement agency; and 2.9 (2) data is necessary to protect the health or safety of 2.10 the client or patient or of another person. 2.11 The scope of disclosure under this paragraph is limited to 2.12 information that is reasonably necessary for law enforcement to 2.13 respond to the emergency and to protect the health and safety of 2.14 the client or patient and other persons. Disclosure under this 2.15 paragraph may include, but is not limited to, the name and 2.16 telephone number of the psychiatrist, psychologist, therapist, 2.17 mental health professional, practitioner, or case manager of the 2.18 client or patient.