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Confidential records; immunity - Ariz. Rev. Stat. Ann. § 36-509

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Records and information relating to the mental health of an individual are confidential and privileged to the patient, and may only be disclosed in accordance with the statute.
 
Disclosure With Consent:
A patient, or a patient’s health care decision maker, may consent to the disclosure of information relating to their mental health in writing.
 
Disclosure Without Consent:
Mental health information may be disclosed without a patient’s consent under the following circumstances:
·      To other providers for treatment purposes
·      For research purposes, provided that the research is conducted in accordance with applicable state and federal law
·      To the Department of Corrections with regard to a prisoner who is also a patient at the state hospital
·      Disclosure to law enforcement is permitted under three circumstances:
o   Enforcement for purposes of securing the return of a patient who is not authorized to leave the premises of a treatment facility
o   To report a crime on the facility premises
o   “Avert a serious and imminent threat to an individual or the public”
·      To persons actively participating in caring for the patient, provided that the disclosure is limited to the extent necessary
·      In a professional negligence investigation, or in connection with licensing
·      When required or permitted by certain laws, such as when in connection with an involuntary commitment proceeding as permitted by that statute, or as required by the sexually violent persons statute
·      To third party payers, or to business associates
·      As permitted by HIPAA.
 
Disclosure Pursuant to Court Order:
Confidential information may be disclosed pursuant to a court order. Providers are not liable for attempting to comply with the statute in good faith.


Current as of June 2018