[Code of Federal Regulations]

[Title 42, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 42CFR51.46]



[Page 163]

 

                         TITLE 42--PUBLIC HEALTH

 

    CHAPTER I--PUBLIC HEALTH SERVICE, DEPARTMENT OF HEALTH AND HUMAN 

                                SERVICES

 

PART 51_REQUIREMENTS APPLICABLE TO THE PROTECTION AND ADVOCACY FOR 

INDIVIDUALS WITH MENTAL ILLNESS PROGRAM--Table of Contents

 

         Subpart D_Access to Records, Facilities and Individuals

 

Sec. 51.46  Disclosing information obtained from a provider of mental 

health services.



    (a) Except as provided in paragraph (b) of this section, if a P&A 

system has access to records pursuant to section 105(a)(4) of the Act 

(42 U.S.C. 10805(a)(4)) which, under Federal or State law, are required 

to be maintained in a confidential manner by a provider of mental health 

services, it 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 that individual has given the P&A system a written 

determination that disclosure of such information to the individual 

would be detrimental to the individual's health. The provider shall be 

responsible for giving any such written determination to the P&A system 

at the same time as access to the records containing the information is 

granted.

    (b)(1) If the disclosure of information has been denied under 

paragraph (a) of this section to an individual, the following 

individuals or the P&A system may select another mental health 

professional to review the information and to determine if disclosure of 

the information would be detrimental to the individual's health:

    (i) Such individual;

    (ii) The legal guardian, conservator or other legal representative 

of the individual; or

    (iii) An eligible P&A system, acting on behalf of an individual:

    (A) Whose legal guardian is the State; or

    (B) Whose legal guardian, conservator, or other legal representative 

has not, within a reasonable time after the denial of access to 

information under paragraph (a), selected a mental health professional 

to review the information.

    (2) If such mental health professional determines, based on 

professional judgment, that disclosure of the information would not be 

detrimental to the health of the individual, the P&A system may disclose 

such information to the individual.

    (c) The restriction in paragraph (b) of this section does not affect 

the P&A system's access to the records.