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Records to be confidential—exceptions - Mont. Code Ann. § 53-21-166

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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 may consent to the disclosure of information relating to their mental health. If the patient is a ward, the patient’s guardian or conservator may consent on the patient’s behalf. This provision is not to be construed to require a provider to disclose information that has been shared in confidence by a patient’s family member.
Disclosure Without Consent:
Mental health information may be disclosed without a patient’s consent under the following circumstances:
·         Between qualified professionals for treatment or referral purposes
·         As necessary to make claims for aid, insurance, or medical assistance
·         For research purposes, provided that any rules promulgated by the department to protect patient anonymity are complied with
·         To the courts as necessary for the administration of justice
·         “To members of the mental disabilities board of visitors or their agents when necessary to perform their [statutory] functions”
·         “To the mental health ombudsman when necessary to perform the [statutory]ombudsman functions”
Disclosure Pursuant to Court Order:
Confidential information may be disclosed pursuant to a court order, provided that notice and opportunity for a hearing was provided to the patient and record custodian.

Current as of June 2015