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Mont. Code Ann. § 53-21-166

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Records to be confidential—exceptions

Substance abuse treatment records are confidential and privileged to the patient, and may only be disclosed in accordance with the statute. This statute also governs the confidentiality of mental health records.

Disclosure With Consent

A recipient of service may consent to disclosure; a conservator or guardian may consent in writing to disclosure if the recipient is a ward. The consent provision may not be utilized to compel a provider to reveal information that was given in confidence by members of a patient’s family.

Disclosure Without Consent

Substance abuse treatment information may be disclosed without consent between professionals for treatment purposes. Information may also be disclosed for research purposes, provided that researchers sign an oath of confidentiality.

Disclosure Pursuant to Court Order

Substance abuse treatment information may be disclosed to the courts “as necessary for the administration of justice,” or to an individual or entity pursuant to court order, “after notice and opportunity for hearing to the person whom the record or information pertains.”

Current as of June 2015