Section 23 Behavioral Health

• Library: Mental Health 2006

All information and records compiled, obtained, prepared, or maintained by a facility or program operated, funded, or licensed by the Department of Mental Health must remain confidential. Section 630.140.1, RSMo Supp. 2005. Federal law also provides that a mental health patient has the right to confidentiality of their records. 42 U.S.C. § 9501(1)(H).

Persons who are responsible for a patient’s well-being shall have access to all information and records pertaining to the patient upon request. The following persons are entitled to such information and records:

• The parent of a minor patient
• The guardian or other legal representative of a patient

• The attorney of a patient who is a ward of the juvenile court, an alleged incompetent, an incompetent ward, or a person detained under a civil detention application or proceeding

• An attorney or personal physician as authorized by the patient

• Law enforcement officers and agencies, to the extent necessary to carry out the responsibilities of their office

• “The entity or agency authorized to implement a system to protect and advocate the rights of persons with developmental disabilities”

• “The entity or agency authorized to implement a system to protect and advocate the rights of persons with mental illness”

• Mental health coordinators, to the extent necessary to carry out their duties

Section 630.140.2.

A facility or program may disclose patient information and records to the following individuals and entities:

• Persons or agencies responsible for providing health care to the patient

• “[Q]ualified personnel for the purpose of conducting scientific research, management audits, financial audits, program evaluations or similar studies”

• The court in a juvenile proceeding, guardianship proceeding, civil detention proceeding, or criminal proceeding in which the patient’s mental health is at issue

• Law enforcement or public health officials if disclosure is necessary for them to carry out their official responsibilities

• Attorneys representing petitioners and mental health coordinators, to the extent necessary for them to implement civil detention proceedings and carry out other statutory obligations

• The Department of Social Services when disclosure is necessary to report or investigate abuse, neglect, or violations of a patient’s rights

• A county board established under §§ 205.968–205.972, RSMo 2000, if disclosure is necessary for it to carry out its statutory responsibilities

Section 630.140.3.

“The facility or program shall document the dates, nature, purposes and recipients of any records disclosed.” Section 630.140.4.

A facility or program may release to the next of kin, attorney, guardian, or conservator of a patient information that the person is presently a patient in the facility or program or that the patient “is seriously physically ill, and shall notify a voluntary patient’s . . . next of kin, attorney, guardian, or conservator or any other person who may be responsible for the costs incurred by such patient . . ., of the admittance of such patient . . . .” Section 630.145.1, RSMo 2000. Upon the death of a patient, the facility or program shall notify the patient’s next of kin, guardian, or conservator about the...