§ 40.1-5-27.1 Disclosure by mental healthprofessional. – (a) Notwithstanding §§ 40.1-5-26 and 40.1-5-27, a mental healthprofessional providing care and treatment to an adult person with a mentaldisability as defined in § 40.1-5-2(8) may provide certain information toa family member or other person if this family member or other person liveswith and provides direct care to the mentally disabled person, and without suchdirect care there would be significant deterioration in the mentally disabledperson's daily functioning, and such disclosure would directly assist in thecare of the mentally disabled person. Disclosure can be made only at thewritten request of the family member or person living with the mentallydisabled person.
(b) Prior to the disclosure, the mentally disabled personshall be informed, in writing, of the request, the name of the personrequesting the information, the reason for the request, and the specificinformation being provided. Prior to disclosure the mentally disabled personshall be provided the opportunity to give or withhold consent. If the mentallydisabled person withholds consent, the information shall not be disclosed andthe family member or other person shall be provided the opportunity to appeal.Disclosures shall be limited to information regarding diagnosis, admission toor discharge from a treatment facility, the name of the medication prescribed,side effects of such prescribed medication.
(c) On or before April 1, 1993, the department of mentalhealth, retardation, and hospitals shall promulgate rules and regulations tofurther define and interpret the provisions of this section. In the developmentof these rules and regulations, the department shall work with an advisorycommittee composed, at a minimum, of proportionate representation from thefollowing: the Coalition of Consumer Self Advocates, the Alliance for theMentally Ill, the Mental Health Association of R.I., the Council of CommunityMental Health Centers, the mental health advocate, and Rhode Island Protectionand Advocacy Services. Rules and regulations by the department shall includethe provision of an appeals process, which would serve to protect the rights ofmentally disabled persons under the law.
§ 40.1-5-27.1 Disclosure by mental healthprofessional. – (a) Notwithstanding §§ 40.1-5-26 and 40.1-5-27, a mental healthprofessional providing care and treatment to an adult person with a mentaldisability as defined in § 40.1-5-2(8) may provide certain information toa family member or other person if this family member or other person liveswith and provides direct care to the mentally disabled person, and without suchdirect care there would be significant deterioration in the mentally disabledperson's daily functioning, and such disclosure would directly assist in thecare of the mentally disabled person. Disclosure can be made only at thewritten request of the family member or person living with the mentallydisabled person.
(b) Prior to the disclosure, the mentally disabled personshall be informed, in writing, of the request, the name of the personrequesting the information, the reason for the request, and the specificinformation being provided. Prior to disclosure the mentally disabled personshall be provided the opportunity to give or withhold consent. If the mentallydisabled person withholds consent, the information shall not be disclosed andthe family member or other person shall be provided the opportunity to appeal.Disclosures shall be limited to information regarding diagnosis, admission toor discharge from a treatment facility, the name of the medication prescribed,side effects of such prescribed medication.
(c) On or before April 1, 1993, the department of mentalhealth, retardation, and hospitals shall promulgate rules and regulations tofurther define and interpret the provisions of this section. In the developmentof these rules and regulations, the department shall work with an advisorycommittee composed, at a minimum, of proportionate representation from thefollowing: the Coalition of Consumer Self Advocates, the Alliance for theMentally Ill, the Mental Health Association of R.I., the Council of CommunityMental Health Centers, the mental health advocate, and Rhode Island Protectionand Advocacy Services. Rules and regulations by the department shall includethe provision of an appeals process, which would serve to protect the rights ofmentally disabled persons under the law.
§ 40.1-5-27.1 Disclosure by mental healthprofessional. – (a) Notwithstanding §§ 40.1-5-26 and 40.1-5-27, a mental healthprofessional providing care and treatment to an adult person with a mentaldisability as defined in § 40.1-5-2(8) may provide certain information toa family member or other person if this family member or other person liveswith and provides direct care to the mentally disabled person, and without suchdirect care there would be significant deterioration in the mentally disabledperson's daily functioning, and such disclosure would directly assist in thecare of the mentally disabled person. Disclosure can be made only at thewritten request of the family member or person living with the mentallydisabled person.
(b) Prior to the disclosure, the mentally disabled personshall be informed, in writing, of the request, the name of the personrequesting the information, the reason for the request, and the specificinformation being provided. Prior to disclosure the mentally disabled personshall be provided the opportunity to give or withhold consent. If the mentallydisabled person withholds consent, the information shall not be disclosed andthe family member or other person shall be provided the opportunity to appeal.Disclosures shall be limited to information regarding diagnosis, admission toor discharge from a treatment facility, the name of the medication prescribed,side effects of such prescribed medication.
(c) On or before April 1, 1993, the department of mentalhealth, retardation, and hospitals shall promulgate rules and regulations tofurther define and interpret the provisions of this section. In the developmentof these rules and regulations, the department shall work with an advisorycommittee composed, at a minimum, of proportionate representation from thefollowing: the Coalition of Consumer Self Advocates, the Alliance for theMentally Ill, the Mental Health Association of R.I., the Council of CommunityMental Health Centers, the mental health advocate, and Rhode Island Protectionand Advocacy Services. Rules and regulations by the department shall includethe provision of an appeals process, which would serve to protect the rights ofmentally disabled persons under the law.
