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228-8
228.8 DISCLOSURES TO FAMILY MEMBERS.
1. A mental health professional or an employee of or agent for a
mental health facility may disclose mental health information to the
spouse, parent, adult child, or adult sibling of an individual who
has chronic mental illness, if all of the following conditions are
met:
a. The disclosure is necessary to assist in the provision of
care or monitoring of the individual's treatment.
b. The spouse, parent, adult child, or adult sibling is
directly involved in providing care to or monitoring the treatment of
the individual.
c. The involvement of the spouse, parent, adult child, or
adult sibling is verified by the individual's attending physician,
attending mental health professional, or a person other than the
spouse, parent, adult child, or adult sibling who is responsible for
providing treatment to the individual.
2. A request for mental health information by a person authorized
to receive such information under this section shall be in writing,
except in an emergency as determined by the mental health
professional verifying the involvement of the spouse, parent, adult
child, or adult sibling.
3. Unless the individual has been adjudged incompetent, the
person verifying the involvement of the spouse, parent, adult child,
or adult sibling shall notify the individual of the disclosure of the
individual's mental health information under this section.
4. Mental health information disclosed under this section is
limited to the following:
a. A summary of the individual's diagnosis and prognosis.
b. A listing of the medication which the individual has
received and is receiving and the individual's record of compliance
in taking medication prescribed for the previous six months.
c. A description of the individual's treatment plan. &nbsb>Section History: Recent Form
90 Acts, ch 1079, §1
Referred to in § 228.2
