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N.C. Gen. Stat. § 122C-52 et seq - Right to Confidentiality

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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 legally responsible person, may consent to the disclosure of information relating to their mental health in writing. The release must specify the length of consent, and the patient’s right to revoke consent.
Disclosure Without Consent:
Mental health information may be disclosed without a patient’s consent under the following circumstances:
·         To the patient’s next of kin, if a facility determines that this disclosure is in the best interest of the patient, and the disclosure is limited to fact of admission
·         In connection with an involuntary commitment if disclosure is determined ot be in the best interest of the patient
·         In connection with a court-ordered examination
·         In connection with a person petitioning to update a their record on the National Instant Criminal Background System
·         Between provider facilities for purposes of coordinating care and providing treatment
·         To the Secretary for purposes of quality assessment and improvement, or to coordinate care and treatment
·         For purposes of obtaining payment or determine eligibility for benefits
·         To the Division of Adult Corrects or Department of Public Safety to facilitate the delivery of treatment to a person in custody
·         If a health care provider believes a patient is “an imminent danger to the health or safety of the client or another individual or there is a likelihood of the commission of a felony or violent misdemeanor”
·          In a medical emergency
·         Within a facility for treatment purposes
·         To the Secretary for statistical report, research, and evaluation purposes, provided that patient-identifying information is not redisclosed
Disclosure Pursuant to Court Order:
Confidential information may be disclosed pursuant to a court order, provided that the court determines that the disclosure is appropriate under the circumstances and that it is in the best interest of the patient or of the public to have the information disclosed.

Current as of June 2015