Disclosure of Medical Information
January 21st, 2010
States have their own specific laws defining when medical information can be released. In the usual case, written consent of the patient is required. For a minor, the written consent of the parent or guardian may be required. The state in which you live may limit a parent's right to access his minor child's mental health records. In some states, a parent is not entitled to inspect or obtain copies of a minor's patient records if the minor is authorized by law to consent to his own medical treatment. Also, a parent is not entitled access to a minor's patient records if the treatment provider determines that access to the records would have a detrimental effect on the provider's professional relationship with the minor patient or on the minor's physical safety or psychological well-being. Some states may have more restrictive provisions regarding release of information about a patient involuntarily detained for treatment. For example, a patient involuntarily detained may not be able to access his or her own medical records if the treating physician deems such disclosure to be potentially harmful. There may be circumstances in which disclosure to third parties is required even without patient consent. In most states, a psychiatrist is required by law to warn a third party of a patient's substantial likelihood to cause that person imminent serious harm or death.
Disclaimer: Families with legal problems are urged to hire a capable local attorney licensed to practice in the state in which the family resides.
The Balanced Mind Parent Network (The Balanced Mind Parent Network) is unable to provide you with legal advice and The Balanced Mind Parent Network’s attorneys are unable to represent you. The information on this web page is not a substitute for legal advice. It is intended to be general in nature. The laws of each state are different. The law is always changing. The information here may not reflect the latest legal developments. NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, IS GIVEN AS TO THE ACCURACY OF THIS INFORMATION.