Disclosure of Mental Health Records Pursuant to a Court Order: 50 State Comparison

Ariz. Rev. Stat. Ann. § 36-509 Confidential information may be disclosed pursuant to a court order. Providers are not liable for attempting to comply with the statute in good faith.

Cal. Welf. & Inst. Code § 5328 Confidential information may be disclosed “[t]o the courts, as necessary to the administration of justice.”

Conn. Gen. Stat. § 52-146fe et seq. Information may be disclosed pursuant to court order in an application for appointment of a conservator, or in a civil proceeding where the patient’s mental or emotional state is an element of the claim or defense

D.C. Code §§ 7-1201-1- 1208.07 Mental health information may be disclosed in connection with a court-ordered examination. Information may be disclosed when the mental health professional is seeking to have the patient civilly committed.

Ga. Stat. Ann. § 37-3-166 Mental health information may be disclosed pursuant to a valid subpoena or court order, unless the information is privileged. The records of a deceased patient may be released pursuant to a subpoena of a coroner or medical examiner, except for privileged information.

Idaho Admin. Code 16.07.33.006 States that the regulation that applies to all health records.

Ind. Code § 16-39-2-6-1—16-39-3-13 A court may order the disclosure of confidential information after holding a hearing and determining that there are not other reasonable means of obtaining information, and the need for disclosure outweighs the potential harm for the patient.

Md. Code Ann. Health—Gen. § 4-307 Mental health information may be disclosed pursuant to a court order to a court, an administrative law judge, a health claims arbitrator, or a party to a legal proceeding, provided that the Rules of Evidence are observed. Further, a court may issue a subpoena compelling disclosure if the recipient is a licensing or disciplinary board investigating the licensure or practice of a health professional. Further, a court may issue a subpoena compelling disclosure or to a grand jury, prosecution or law enforcement agency for purposes of investigating a crime, provided that the agency has policies and procedures to protect patient-identifying information to the extent possible.

Mich. Comp. Laws § 330.1748, § 330.1748a Confidential mental health information may be disclosed pursuant to a court order or pursuant to a subpoena, provided that the information is not privileged.

Miss. Code Ann. § 41-21-97 Confidential information may be disclosed pursuant to a court order.

Mont. Code Ann. § 53-21-166 Confidential information may be disclosed pursuant to a court order, provided that notice and opportunity for a hearing was provided to the patient and record custodian.

Nev. Rev. Stat. §433A.360 Confidential information may be disclosed pursuant to a court order.

N.J. Stat. Ann. § 30:4-24.3.  Confidential information may be disclosed if a court determines that disclosure is necessary to conduct proceedings before it, and that failure to make the disclosure would contravene the public interest.

N.Y. Mental Hyg. § 33.13 Confidential information may be disclosed pursuant to a court order, provided that the court finds that the interests of justice significantly outweigh the need for confidentiality.

Okla. Stat. tit. 43, §1-109 Confidential information regarding a deceased patient may be disclosed pursuant to a court order. The statute further provides that treatment information may not be disclosed unless permitted by the statute or ordered by a court, though the statute does not elaborate on disclosure pursuant to court order.

S.C. Ann. Code § 44-22-100 Confidential information may be disclosed pursuant to a court order, provided that the court determines that the disclosure is necessary for a proceeding before it, and that failure to disclose the information contravenes the public interest.

Tenn. Code Ann. § 33-3-103 et seq. Confidential information may be disclosed pursuant to court order, if the court determines after a hearing that failure to make the disclosure would contravene the public interest and would not be to the detriment of a party to the proceeding.

Va. Admin. Code § 35-115-80 Mental health information may be disclosed pursuant to a proper subpoena or court order. Information may also be disclosed in court in connection with an involuntary admission, or if a patient introduces his or her mental condition or services as a relevant issue in a proceeding.

W.Va. Code § 27-3-1, 27-3-2 Mental health information may be disclosed pursuant to a court order if the court determines that the disclosure is relevant to a proceeding before the court, and the need for disclosure outweighs the need for confidentiality.

Wyo. Stat. Ann. § 9-2-125 Mental health information may be disclosed pursuant to a lawful search warrant or court order.