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W.Va. Code § 27-3-1, 27-3-2 - Definition of confidential information; disclosure

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Records and information relating to the mental health treatment of an individual is confidential and privileged to the patient, and may only be disclosed in accordance with the statute.
Disclosure With Consent:
Confidential mental health information may be disclosed pursuant to a written and signed consent form completed by the patient or the patient’s legal guardian.
Disclosure Without Consent:
Mental health information may be disclosed without a patient’s consent under the following circumstances:
·         In connection with an involuntary commitment proceeding, or an involuntary examination
·         “To protect against a clear and substantial danger of imminent injury by a patient or client to himself, herself or another”
·         To comply with mandated reporting laws
·         Between health professional for treatment or internal review purposes
·         In accordance with HIPAA and its implementing regulations
Disclosure Pursuant to Court Order:
Mental health information may be disclosed pursuant to a court order if the court determines that the disclosure is relevant to a proceeding before the court, and the need for disclosure outweighs the need for confidentiality.

Current as of June 2015