SF 722

1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to health occupations; authorizing a
psychologist to release information to law enforcement
without the consent of the client; amending Minnesota
Statutes 2004, sections 13.384, subdivision 3; 13.46,
subdivision 7; proposing coding for new law in
Minnesota Statutes, chapter 148.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2004, section 13.384,
subdivision 3, is amended to read:

Subd. 3.

Classification of medical data.

Unless the data
is summary data or a statute specifically provides a different
classification, medical data are private but are available only
to the subject of the data as provided in section 144.335, and
shall not be disclosed to others except:

(a) pursuant to section 13.05;

(b) pursuant to section 253B.0921;

(c) pursuant to a valid court order;

(d) to administer federal funds or programs;

(e) to the surviving spouse, parents, children, and
siblings of a deceased patient or client or, if there are no
surviving spouse, parents, children, or siblings, to the
surviving heirs of the nearest degree of kindred;

(f) to communicate a patient's or client's condition to a
family member or other appropriate person in accordance with
acceptable medical practice, unless the patient or client
directs otherwise; deleted text begin or
deleted text end

(g) new text begin when an individual providing mental health services is
believed to be the victim of a crime committed by a client,
patient, or former client or patient and the disclosure is
limited to the data authorized by Code of Federal Regulations,
title 45, section 164.512(f)(2); or
new text end

new text begin (h) new text end as otherwise required new text begin or permitted new text end by law.

Sec. 2.

Minnesota Statutes 2004, section 13.46,
subdivision 7, is amended to read:

Subd. 7.

Mental health data.

(a) Mental health data are
private data on individuals and shall not be disclosed, except:

(1) pursuant to section 13.05, as determined by the
responsible authority for the community mental health center,
mental health division, or provider;

(2) pursuant to court order;

(3) pursuant to a statute specifically authorizing access
to or disclosure of mental health data or as otherwise provided
by this subdivision; deleted text begin or
deleted text end

(4) with the consent of the client or patient new text begin ;
new text end

new text begin (5) when an individual providing mental health services is
believed to be the victim of a crime committed by a client,
patient, or former client or patient and the disclosure is
limited to the data authorized by Code of Federal Regulations,
title 45, section 164.512(f)(2); or
new text end

new text begin (6) as otherwise permitted by law new text end .

(b) An agency of the welfare system may not require an
individual to consent to the release of mental health data as a
condition for receiving services or for reimbursing a community
mental health center, mental health division of a county, or
provider under contract to deliver mental health services.

(c) Notwithstanding section 245.69, subdivision 2,
paragraph (f), or any other law to the contrary, the responsible
authority for a community mental health center, mental health
division of a county, or a mental health provider must disclose
mental health data to a law enforcement agency if the law
enforcement agency provides the name of a client or patient and
communicates that the:

(1) client or patient is currently involved in an emergency
interaction with the law enforcement agency; and

(2) data is necessary to protect the health or safety of
the client or patient or of another person.

The scope of disclosure under this paragraph is limited to
the minimum necessary for law enforcement to respond to the
emergency. Disclosure under this paragraph may include, but is
not limited to, the name and telephone number of the
psychiatrist, psychologist, therapist, mental health
professional, practitioner, or case manager of the client or
patient. A law enforcement agency that obtains mental health
data under this paragraph shall maintain a record of the
requestor, the provider of the information, and the client or
patient name. Mental health data obtained by a law enforcement
agency under this paragraph are private data on individuals and
must not be used by the law enforcement agency for any other
purpose. A law enforcement agency that obtains mental health
data under this paragraph shall inform the subject of the data
that mental health data was obtained.

(d) In the event of a request under paragraph (a), clause
(4), a community mental health center, county mental health
division, or provider must release mental health data to
Criminal Mental Health Court personnel in advance of receiving a
copy of a consent if the Criminal Mental Health Court personnel
communicate that the:

(1) client or patient is a defendant in a criminal case
pending in the district court;

(2) data being requested is limited to information that is
necessary to assess whether the defendant is eligible for
participation in the Criminal Mental Health Court; and

(3) client or patient has consented to the release of the
mental health data and a copy of the consent will be provided to
the community mental health center, county mental health
division, or provider within 72 hours of the release of the data.

For purposes of this paragraph, "Criminal Mental Health
Court" refers to a specialty criminal calendar of the Hennepin
County District Court for defendants with mental illness and
brain injury where a primary goal of the calendar is to assess
the treatment needs of the defendants and to incorporate those
treatment needs into voluntary case disposition plans. The data
released pursuant to this paragraph may be used for the sole
purpose of determining whether the person is eligible for
participation in mental health court. This paragraph does not
in any way limit or otherwise extend the rights of the court to
obtain the release of mental health data pursuant to court order
or any other means allowed by law.

Sec. 3.

new text begin [148.977] CRIMES AGAINST A PROVIDER.
new text end

new text begin Notwithstanding section 144.335, if the provider has been
the victim of a crime and knows that the crime was committed by
a client or former client, the provider may disclose the
identity of the client or former client, and acknowledge the
professional relationship to the appropriate law enforcement
agency. The provider shall not disclose any private information
contained in the client's health record that is not specifically
related to the crime.
new text end