§ 10806. Access to records

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1986

   Protection and Advocacy for Mentally Ill Individuals Act of 1986

   Pub. L. 99–319 title I § 106 · 100 Stat. 478

   Enacted · 42 U.S.C. § 10806

   Pub. L. 99–319, title I, § 106, May 23, 1986, 100 Stat. 481

   Source evidence

   Code source credit
   Pub. L. 99–319, title I, § 106, May 23, 1986, 100 Stat. 481

   Enacted provision · exact public law section
   Sec. 106. access to records (a) An eligible system which, pursuant to section State and local governments. Classified information. 42 USC 10806. 105(a)(4), has access to records which, under Federal or State law, are required to be maintained in a confidential manner by a provider of mental health services, shall, except as provided in subsection (b), maintain the confidentiality of such records to the same extent as is required of the provider of such services. (b) (1) Except as provided in paragraph (2), an eligible system which has access to records pursuant to section 105(a)(4) may not disclose information from such records to the individual who is the subject of the information if the mental health professional responsible for supervising the provision of mental health services to such individual has provided the system with a written determination that disclosure of such information to such individual would be detrimental to such individual’s health. (2) (A) If disclosure of information has been denied under paragraph (1) to an individual— (i) such individual; (ii) the legal guardian, conservator, or other legal representative of such individual; or (iii) an eligible system, acting on behalf of an individual described in subparagraph (B), may select another mental health professional to review such information and to determine if disclosure of such information would be detrimental to such individual’s health. If such mental health professional determines, based on professional judgment, that disclosure of such information would not be detrimental to the health of such individual, the system may disclose such information to such individual. (B) An eligible system may select a mental health professional under subparagraph (A)(iii) on behalf of— (i) an individual whose legal guardian is the State; or (ii) an individual who has a legal guardian, conservator, or other legal representative other than the State if such guardian, conservator, or representative does not, within a reasonable time after such individual is denied access to information under paragraph (1), select a mental health professional under subparagraph (A) to review such information. (C) If the laws of a State prohibit an eligible system from obtaining access to the records of mentally ill individuals in accordance with section 105(a)(4) and this section, section 105(a)(4) and this section shall not apply to such system before— (i) the date such system is no longer subject to such a prohibition; or (ii) the expiration of the 2-year period beginning on the date of the enactment of this Act, whichever occurs first.

2. 1988

   Protection and Advocacy for Mentally Ill Individuals Amendments Act of 1988

   Pub. L. 100–509 § 6(b) · 102 Stat. 2543

   Added · 42 U.S.C. § 10806(b)(3)

   Pub. L. 100–509 added par. (3)

   Source evidence

   Code amendment note
   Subsec. (b)(3). Pub. L. 100–509 added par. (3).

   Enacted provision · exact public law section
   (b) Definition of Records.— Section 106(b) (42 U.S.C. 10806(b)) is amended by adding at the end thereof the following new paragraph: “(3) (A) As used in this section, the term ‘records includes reports prepared by any staff of a facility rendering care and treatment or reports prepared by an agency charged with investigating reports of incidents of abuse, neglect, and injury occurring at such facility that describe incidents of abuse, neglect, and injury occurring at such facility and the steps taken to investigate such incidents, and discharge planning records. “(B) An eligible system shall have access to the type of records described in subparagraph (A) in accordance with the provisions of subsection (a) and paragraphs (1) and (2) of subsection (b).”.

3. 1991

   Pub. L. 102–173 § 10(2) · 105 Stat. 1217

   Substituted · 42 U.S.C. § 10806(b)(2)(C)

   Pub. L. 102–173 substituted “individuals with mental illness” for “mentally ill individuals”

   Source evidence

   Code amendment note
   Subsec. (b)(2)(C). Pub. L. 102–173 substituted “individuals with mental illness” for “mentally ill individuals”.

   Enacted provision · exact public law section
   (2) by striking out “mentally ill individuals” each place that such occurs and inserting in lieu thereof “individuals with mental illness”.

3 of 3 references resolved to an enrolled provision