Skip to Content

Mental Health Record Confidentiality - Ga. Stat. Ann. § 37-3-166

Link to the law
This will open in a new window

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, parent of a minor patient, or legal guardian of a patient may consent in writing to the disclosure of information relating to a patient’s mental health. A patient’s attorney may access the patient’s mental health records, provided that the patient’s guardian consents.
Disclosure Without Consent:
Mental health information may be disclosed without a patient’s consent under the following circumstances:
·         If the chief medical officer of the facility determines that disclosure to another provider is necessary for treatment purposes
·         If the patient is being transferred to another facility, the record may be transferred
·         Information may be exchanged between employees of the treatment facility for treatment purposes
·         To providers during a medical emergency
·         To law enforcement in connection with an investigation; information disclosed in this instance must be limited to whether the patient had been treated at that facility and the patient’s current address
·         To law enforcement in connection with a crime on the premises of the facility; in this instance, information disclosed may include information about the incident as well.
Disclosure Pursuant to Court Order:
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.

Current as of June 2016