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Ga. Code Ann. § 37-7-166

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Confidentiality

All substance abuse treatment records are confidential and privileged to the patient and may only be disclosed according to the statute.

Disclosure With Consent

A patient may consent to the disclosure of information relating to their substance abuse treatment in writing. “If appropriate,” the parent or guardian of a minor may consent in writing to disclosure of substance abuse treatment information on behalf of the minor. Information may be disclosed with patient’s consent to the patient’s attorney or legal guardian; information may also be disclosed to a deceased patient’s legal representative.

Disclosure Without Consent

Information regarding a patient’s substance abuse treatment may be disclosed without consent between facilities when a patient is transferred or admitted and between employees within a facility for treatment purposes. Disclosure without consent is permitted in a medical emergency “as determined by a physician treating the patient, the chief medical officer may release a copy of the record to the treating physician or to the patient's psychologist.” Disclosure is permitted to law enforcement in connection with the commission of or threatened commission of a crime on the premises of the facility or against facility staff.

Disclosure Pursuant to Court Order

A copy of the record of a deceased patient or former patient may be released pursuant to a subpoena. Information may also be disclosed pursuant to court order provided that the court conducts a full and fair show cause hearing.

 


Current as of June 2015