2007 Minnesota Statutes

144.294 RECORDS RELATING TO MENTAL HEALTH.
    Subdivision 1. Provider inquiry. Upon the written request of a spouse, parent, child, or
sibling of a patient being evaluated for or diagnosed with mental illness, a provider shall inquire
of a patient whether the patient wishes to authorize a specific individual to receive information
regarding the patient's current and proposed course of treatment. If the patient so authorizes,
the provider shall communicate to the designated individual the patient's current and proposed
course of treatment. Section 144.293, subdivisions 2 and 4, apply to consents given under this
subdivision.
    Subd. 2. Disclosure to law enforcement agency. Notwithstanding section 144.293,
subdivisions 2 and 4, a provider must disclose health records relating to a patient's mental health
to a law enforcement agency if the law enforcement agency provides the name of the patient
and communicates that the:
    (1) patient is currently involved in an emergency interaction with the law enforcement
agency; and
    (2) disclosure of the records is necessary to protect the health or safety of the patient or of
another person.
    The scope of disclosure under this subdivision is limited to the minimum necessary for
law enforcement to respond to the emergency. A law enforcement agency that obtains health
records under this subdivision shall maintain a record of the requestor, the provider of the
information, and the patient's name. Health records obtained by a law enforcement agency under
this subdivision are private data on individuals as defined in section 13.02, subdivision 12, and
must not be used by law enforcement for any other purpose.
    Subd. 3. Records release for family and caretaker; mental health care. (a)
Notwithstanding section 144.293, a provider providing mental health care and treatment may
disclose health record information described in paragraph (b) about a patient to a family member
of the patient or other person who requests the information if:
    (1) the request for information is in writing;
    (2) the family member or other person lives with, provides care for, or is directly involved in
monitoring the treatment of the patient;
    (3) the involvement under clause (2) is verified by the patient's mental health care provider,
the patient's attending physician, or a person other than the person requesting the information, and
is documented in the patient's medical record;
    (4) before the disclosure, the patient is informed in writing of the request, the name of
the person requesting the information, the reason for the request, and the specific information
being requested;
    (5) the patient agrees to the disclosure, does not object to the disclosure, or is unable to
consent or object, and the patient's decision or inability to make a decision is documented in the
patient's medical record; and
    (6) the disclosure is necessary to assist in the provision of care or monitoring of the patient's
treatment.
    (b) The information disclosed under this paragraph is limited to diagnosis, admission to or
discharge from treatment, the name and dosage of the medications prescribed, side effects of
the medication, consequences of failure of the patient to take the prescribed medication, and
a summary of the discharge plan.
    (c) If a provider reasonably determines that providing information under this subdivision
would be detrimental to the physical or mental health of the patient or is likely to cause the patient
to inflict self harm or to harm another, the provider must not disclose the information.
    (d) This subdivision does not apply to disclosures for a medical emergency or to family
members as authorized or required under subdivision 1 or section 144.293, subdivision 5, clause
(1).
History: 2007 c 147 art 10 s 5