630.140. Records confidential, when--may be disclosed, to whom, how, when--release to be documented--court records confidential, exceptions. - Missouri Statutes

Records confidential, when--may be disclosed, to whom, how,when--release to be documented--court records confidential,exceptions.

630.140. 1. Information and records compiled, obtained, prepared ormaintained by the residential facility, mental health program operated,funded or licensed by the department or otherwise, specialized service, orby any mental health facility or mental health program in which people maybe civilly detained pursuant to chapter 632, RSMo, in the course ofproviding services to either voluntary or involuntary patients, residentsor clients shall be confidential.

2. The facilities or programs shall disclose information and recordsincluding medication given, dosage levels, and individual ordering suchmedication to the following upon their request:

(1) The parent of a minor patient, resident or client;

(2) The guardian or other person having legal custody of the patient,resident or client;

(3) The attorney of a patient, resident or client who is a ward ofthe juvenile court, an alleged incompetent, an incompetent ward or a persondetained under chapter 632, RSMo, as evidenced by court orders of theattorney's appointment;

(4) An attorney or personal physician as authorized by the patient,resident or client;

(5) Law enforcement officers and agencies, information aboutpatients, residents or clients committed pursuant to chapter 552, RSMo, butonly to the extent necessary to carry out the responsibilities of theiroffice, and all such law enforcement officers shall be obligated to keepsuch information confidential;

(6) The entity or agency authorized to implement a system to protectand advocate the rights of persons with developmental disabilities underthe provisions of 42 U.S.C. Sections 15042 to 15044. The entity or agencyshall be able to obtain access to the records of a person withdevelopmental disabilities who is a client of the entity or agency if suchperson has authorized the entity or agency to have such access; and therecords of any person with developmental disabilities who, by reason ofmental or physical condition is unable to authorize the entity or agency tohave such access, if such person does not have a legal guardian,conservator or other legal representative, and a complaint has beenreceived by the entity or agency with respect to such person or there isprobable cause to believe that such person has been subject to abuse orneglect. The entity or agency obtaining access to a person's records shallmeet all requirements for confidentiality as set out in this section;

(7) The entity or agency authorized to implement a system to protectand advocate the rights of persons with mental illness under the provisionsof 42 U.S.C. 10801 shall be able to obtain access to the records of apatient, resident or client who by reason of mental or physical conditionis unable to authorize the system to have such access, who does not have alegal guardian, conservator or other legal representative and with respectto whom a complaint has been received by the system or there is probablecause to believe that such individual has been subject to abuse or neglect.The entity or agency obtaining access to a person's records shall meet allrequirements for confidentiality as set out in this section. Theprovisions of this subdivision shall apply to a person who has asignificant mental illness or impairment as determined by a mental healthprofessional qualified under the laws and regulations of the state;

(8) To mental health coordinators, but only to the extent necessaryto carry out their duties under chapter 632, RSMo.

3. The facilities or services may disclose information and recordsunder any of the following:

(1) As authorized by the patient, resident or client;

(2) To persons or agencies responsible for providing health careservices to such patients, residents or clients as permitted by the federalHealth Insurance Portability and Accountability Act of 1996 (HIPAA), asamended;

(3) To the extent necessary for a recipient to make a claim or for aclaim to be made on behalf of a recipient for aid or insurance;

(4) To qualified personnel for the purpose of conducting scientificresearch, management audits, financial audits, program evaluations orsimilar studies; provided, that such personnel shall not identify, directlyor indirectly, any individual patient, resident or client in any report ofsuch research, audit or evaluation, or otherwise disclose patient, residentor client identities in any manner;

(5) To the courts as necessary for the administration of chapter 211,475, 552, or 632, RSMo;

(6) To law enforcement officers or public health officers, but onlyto the extent necessary to carry out the responsibilities of their office,and all such law enforcement and public health officers shall be obligatedto keep such information confidential;

(7) Pursuant to an order of a court or administrative agency ofcompetent jurisdiction;

(8) To the attorney representing petitioners, but only to the extentnecessary to carry out their duties under chapter 632, RSMo;

(9) To the department of social services or the department of healthand senior services as necessary to report or have investigated abuse,neglect, or rights violations of patients, residents, or clients;

(10) To a county board established pursuant to sections 205.968 to205.972, RSMo 1986, but only to the extent necessary to carry out theirstatutory responsibilities. The county board shall not identify, directlyor indirectly, any individual patient, resident or client;

(11) To parents, legal guardians, treatment professionals, lawenforcement officers, and other individuals who by having such informationcould mitigate the likelihood of a suicide. The facility treatment teamshall have determined that the consumer's safety is at some level of risk.

4. The facility or program shall document the dates, nature, purposesand recipients of any records disclosed under this section and sections630.145 and 630.150.

5. The records and files maintained in any court proceeding underchapter 632, RSMo, shall be confidential and available only to the patient,the patient's attorney, guardian, or, in the case of a minor, to a parentor other person having legal custody of the patient, to the petitioner andthe petitioner's attorney, and to the Missouri state highway patrol forreporting to the National Instant Criminal Background Check System (NICS).In addition, the court may order the release or use of such records orfiles only upon good cause shown, and the court may impose suchrestrictions as the court deems appropriate.

6. Nothing contained in this chapter shall limit the rights ofdiscovery in judicial or administrative procedures as otherwise providedfor by statute or rule.

7. The fact of admission of a voluntary or involuntary patient to amental health facility under chapter 632, RSMo, may only be disclosed asspecified in subsections 2 and 3 of this section.

(L. 1980 H.B. 1724, A.L. 1984 S.B. 575, A.L. 1986 H.B. 1414, A.L. 1988 H.B. 1493, A.L. 1996 S.B. 884 & 841, A.L. 2003 S.B. 556 & 311, A.L. 2005 H.B. 462 & 463, A.L. 2007 S.B. 3 merged with S.B. 62 & 41, A.L. 2008 S.B. 1081)