36-509. Confidential records
A. A health care entity must keep records and information contained in records
confidential and not as public records, except as provided in this section. Records and
information contained in records may only be disclosed to:
1. Physicians and providers of health, mental health or social and welfare services
involved in caring for, treating or rehabilitating the patient.
2. Individuals to whom the patient or the patient's health care decision maker has
given authorization to have information disclosed.
3. Persons authorized by a court order.
4. Persons doing research only if the activity is conducted pursuant to applicable
federal or state laws and regulations governing research.
5. The state department of corrections in cases in which prisoners confined to the
state prison are patients in the state hospital on authorized transfers either by
voluntary admission or by order of the court.
6. Governmental or law enforcement agencies if necessary to:
(a) Secure the return of a patient who is on unauthorized absence from any agency
where the patient was undergoing evaluation and treatment.
(b) Report a crime on the premises.
(c) Avert a serious and imminent threat to an individual or the public.
7. Persons, including family members, actively participating in the patient's care,
treatment or supervision. A health care provider may only release information relating to
the patient's diagnosis, prognosis, need for hospitalization, anticipated length of stay,
discharge plan, medication, medication side effects and short-term and long-term
treatment goals. A health care provider may make this release only after the treating
professional or that person's designee interviews the patient or the patient's health
care decision maker and the patient or the patient's health care decision maker does not
object, unless federal or state law permits the disclosure. If the patient does not have
the opportunity to object to the disclosure because of incapacity or an emergency
circumstance and the patient's health care decision maker is not available to object to
the release, the health care provider in the exercise of professional judgment may
determine if the disclosure is in the best interests of the patient and, if so, may
release the information authorized pursuant to this paragraph. A decision to release or
withhold information is subject to review pursuant to section 36-517.01. The health care
provider must record the name of any person to whom any information is given under this
paragraph.
8. A state agency that licenses health professionals pursuant to title 32, chapter
13, 15, 17, 19.1 or 33 and that requires these records in the course of investigating
complaints of professional negligence, incompetence or lack of clinical judgment.
9. A state or federal agency that licenses health care providers.
10. A governmental agency or a competent professional, as defined in section
36-3701, in order to comply with chapter 37 of this title.
11. Human rights committees established pursuant to title 41, chapter 35. Any
information released pursuant to this paragraph shall comply with the requirements of
section 41-3804 and applicable federal law and shall be released without personally
identifiable information unless the personally identifiable information is required for
the official purposes of the human rights committee. Case information received by a human
rights committee shall be maintained as confidential. For the purposes of this paragraph,
"personally identifiable information" includes a person's name, address, date of birth,
social security number, tribal enrollment number, telephone or telefacsimile number,
driver license number, places of employment, school identification number and military
identification number or any other distinguishing characteristic that tends to identify a
particular person.
12. A patient or the patient's health care decision maker pursuant to section
36-507.
13. The department of public safety by the court to comply with the requirements of
section 36-540, subsection N.
14. A third party payor or the payor's contractor to obtain reimbursement for health
care, mental health care or behavioral health care provided to the patient.
15. A private entity that accredits the health care provider and with whom the
health care provider has an agreement requiring the agency to protect the confidentiality
of patient information.
16. The legal representative of a health care entity in possession of the record for
the purpose of securing legal advice.
17. A person or entity as otherwise required by state or federal law.
18. A person or entity as permitted by the federal regulations on alcohol and drug
abuse treatment (42 Code of Federal Regulations part 2).
19. A person or entity to conduct utilization review, peer review and quality
assurance pursuant to section 36-441, 36-445, 36-2402 or 36-2917.
20. A person maintaining health statistics for public health purposes as authorized
by law.
21. A grand jury as directed by subpoena.
B. Information and records obtained in the course of evaluation, examination or
treatment and submitted in any court proceeding pursuant to this chapter or title 14,
chapter 5 are confidential and are not public records unless the hearing requirements of
this chapter or title 14, chapter 5 require a different procedure. Information and
records that are obtained pursuant to this section and submitted in a court proceeding
pursuant to title 14, chapter 5 and that are not clearly identified by the parties as
confidential and segregated from nonconfidential information and records are considered
public records.
C. Notwithstanding subsections A and B of this section, the legal representative of
a patient who is the subject of a proceeding conducted pursuant to this chapter and title
14, chapter 5 has access to the patient's information and records in the possession of a
health care entity or filed with the court.
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