1.1 	A bill for an act
1.2 	relating to health; modifying access to health care
1.3 	records; amending Minnesota Statutes 2004, section
1.4 	144.335, by adding a subdivision.
1.5 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6 	Section 1. Minnesota Statutes 2004, section 144.335, is
1.7 	amended by adding a subdivision to read:
1.8 		Subd. 3d.Family involvement. (a) Notwithstanding
1.9 	subdivision 3a, a provider providing mental health care and
1.10 	treatment may provide information about a patient to a family
1.11 	member of the patient or other person if:
1.12 	(1) the family member or other person lives with, provides
1.13 	care for, or is directly involved in monitoring the treatment of
1.14 	the patient;
1.15 	(2) the involvement under clause (1) is verified by the
1.16 	patient's mental health care provider, the patient's attending
1.17 	physician, or a person other than the person requesting the
1.18 	information;
1.19 	(3) the patient agrees to the disclosure or does not object
1.20 	to the disclosure or it is determined, based on professional
1.21 	judgment, that the patient does not object;
1.22 	(4) the provider determines, based on professional
1.23 	judgment, that the disclosure is in the best interests of the
1.24 	patient if the patient is not present, the patient is
1.25 	incapacitated, or emergency circumstances exist;
2.1 	(5) the disclosure is necessary to assist in the provision
2.2 	of care or monitoring of the patient's treatment;
2.3 	(6) prior to the disclosure, the patient is informed in
2.4 	writing of the request, the name of the person requesting the
2.5 	information, the reason for the request, and the specific
2.6 	information being provided;
2.7 	(7) the request for information is in writing, except in an
2.8 	emergency as determined by the mental health professional; and 
2.9 	(8) the information disclosed is limited to diagnosis,
2.10 	admission to or discharge from treatment, the name of the
2.11 	medications prescribed, side effects of the medication,
2.12 	consequences of failure of the patient to take the prescribed
2.13 	medication, and a summary of the discharge plan.
2.14 	(b) If a provider reasonably determines that providing
2.15 	information under this subdivision would be detrimental to the
2.16 	physical or mental health of the patient or is likely to cause
2.17 	the patient to inflict self harm or to harm another, the
2.18 	provider may withhold the information from the person requesting
2.19 	information.