State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_122C > GS_122C-53

§122C‑53.  Exceptions; client.

(a)        A facility maydisclose confidential information if the client or his legally responsibleperson consents in writing to the release of the information to a specifiedperson. This release is valid for a specified length of time and is subject torevocation by the consenting individual.

(b)        A facility maydisclose the fact of admission or discharge of a client to the client's next ofkin whenever the responsible professional determines that the disclosure is inthe best interest of the client.

(c)        Upon request aclient shall have access to confidential information in his client recordexcept information that would be injurious to the client's physical or mentalwell‑being as determined by the attending physician or, if there is none,by the facility director or his designee. If the attending physician or, ifthere is none, the facility director or his designee has refused to provideconfidential information to a client, the client may request that theinformation be sent to a physician or psychologist of the client's choice, andin this event the information shall be so provided.

(d)        Except as providedby G.S. 90‑21.4(b), upon request the legally responsible person of aclient shall have access to confidential information in the client's record;except information that would be injurious to the client's physical or mentalwell‑being as determined by the attending physician or, if there is none,by the facility director or his designee. If the attending physician or, ifthere is none, the facility director or his designee has refused to provideconfidential information to the legally responsible person, the legallyresponsible person may request that the information be sent to a physician orpsychologist of the legally responsible person's choice, and in this event theinformation shall be so provided.

(e)        A client advocate'saccess to confidential information and his responsibility for safeguarding thisinformation are as provided by subsection (g) of this section.

(f)         As used insubsection (g) of this section, the following terms have the meaningsspecified:

(1)        "Internalclient advocate" means a client advocate who is employed by the facilityor has a written contractual agreement with the Department or with the facilityto provide monitoring and advocacy services to clients in the facility in whichthe client is receiving services; and

(2)        "Externalclient advocate" means a client advocate acting on behalf of a particularclient with the written consent and authorization;

a.         In the case of aclient who is an adult and who has not been adjudicated incompetent underChapter 35A or former Chapters 33 or 35 of the General Statutes, of the client;or

b.         In the case of anyother client, of the client and his legally responsible person.

(g)        An internal clientadvocate shall be granted, without the consent of the client or his legallyresponsible person, access to routine reports and other confidentialinformation necessary to fulfill his monitoring and advocacy functions. In thisrole, the internal client advocate may disclose confidential informationreceived to the client involved, to his legally responsible person, to thedirector of the facility or his designee, to other individuals within thefacility who are involved in the treatment or habilitation of the client, or tothe Secretary in accordance with the rules of the Commission.  Any furtherdisclosure shall require the written consent of the client and his legallyresponsible person.  An external client advocate shall have access toconfidential information only upon the written consent of the client and hislegally responsible person.  In this role, the external client advocate may usethe information only as authorized by the client and his legally responsibleperson.

(h)        In accordance withG.S. 122C‑205, the facility shall notify the appropriate individuals uponthe escape from and subsequent return of clients to a 24‑hour facility.

(i)         Upon the requestof (i) a client who is an adult and who has not been adjudicated incompetent underChapter 35A or former Chapters 33 or 35 of the General Statutes, or (ii) thelegally responsible person for any other client, a facility shall disclose toan attorney confidential information relating to that client. (1973, c. 475, s. 1; c. 1436,ss. 2‑5; 1985, c. 589, s. 2; 1989 (Reg. Sess., 1990), c. 1024, s. 26(d);1995, c. 507, s. 23.4.)