SF 1617

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 a Criminal 
  1.4             Mental Health Court of the district court; amending 
  1.5             Minnesota Statutes 2002, section 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) In the event of a request under paragraph (a), clause 
  2.1   (4), a community mental health center, county mental health 
  2.2   division, or provider may release mental health data to Criminal 
  2.3   Mental Health Court personnel in advance of receiving a copy of 
  2.4   a consent if the Criminal Mental Health Court personnel 
  2.5   communicate that the: 
  2.6      (1) client or patient is a defendant in a criminal case 
  2.7   pending in the district court; 
  2.8      (2) data being requested is limited to information that is 
  2.9   necessary to assess whether the defendant is eligible for 
  2.10  participation in the Criminal Mental Health Court; and 
  2.11     (3) client or patient has consented to the release of the 
  2.12  mental health data and a copy of the consent will be provided to 
  2.13  the community mental health center, county mental health 
  2.14  division, or provider within 72 hours of the release of the data.
  2.15     For purposes of this paragraph, "Criminal Mental Health 
  2.16  Court" refers to a specialty criminal calendar of the Hennepin 
  2.17  County District Court for defendants with mental illness and 
  2.18  brain injury where a primary goal of the calendar is to assess 
  2.19  the treatment needs of the defendants and to incorporate those 
  2.20  treatment needs into voluntary case disposition plans.  This 
  2.21  paragraph does not in any way limit the rights of the court to 
  2.22  obtain the release of mental health data pursuant to court order 
  2.23  or any other means allowed by law.