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Idaho Code § 66-348

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Patient records confidentiality

Jurisdiction: ID Agency: Idaho Legislature
PSYCH_FACILITY (80%)
Plain-English summary

This Idaho statute governs the confidentiality and permissible disclosure of records, certificates, applications, and reports that identify patients or former patients subject to involuntary assessment, detention, or commitment under Idaho's mental health hospitalization chapter. Operators of psychiatric facilities must keep such records confidential in accordance with Idaho's public records law, and may only disclose them with patient or guardian consent, when necessary to carry out the act's provisions, or upon a court order finding disclosure is in the public interest.

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Home
Idaho Laws & Rules
Idaho Statutes
Title 66
Chapter 3
Section 66-348

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 Idaho Statutes
Idaho Statutes are updated to the website July 1 following the legislative session.

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TITLE 66 

STATE CHARITABLE INSTITUTIONS

CHAPTER 3 

HOSPITALIZATION OF MENTALLY ILL

66-348. 
Disclosure of information. 
All certificates, applications, records, and reports made for the purpose of this act and directly or indirectly identifying a patient or former patient or an individual whose involuntary assessment, detention or commitment is being sought under this act shall be kept subject to disclosure according to 
chapter 1, title 74
, Idaho Code; provided that such records may also be disclosed to any person:

(1) If the individual identified, his attorney in fact for mental health care, or his legal guardian, if any, shall consent; or

(2) If disclosure may be necessary to carry out any of the provisions of this act; or

(3) If a court directs upon its determination that disclosure is necessary and that failure to make disclosure would be contrary to the public interest.

History:

[66-348, added 1951, ch. 290, sec. 32, p. 622; am. 1953, ch. 264, sec. 4, p. 455; am. 1973, ch. 173, sec. 25, p. 363; am. 1990, ch. 213, sec. 91, p. 553; am. 1998, ch. 77, sec. 1, p. 279; am. 2015, ch. 141, sec. 164, p. 510.]

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