
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC10806]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
    CHAPTER 114--PROTECTION AND ADVOCACY FOR MENTALLY ILL INDIVIDUALS
 
              SUBCHAPTER I--PROTECTION AND ADVOCACY SYSTEMS
 
                    Part A--Establishment of Systems
 
Sec. 10806. Access to records

    (a) An eligible system which, pursuant to section 10805(a)(4) of 
this title, 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) of 
this section, 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 10805(a)(4) of this title 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 individuals with mental illness in 
accordance with section 10805(a)(4) of this title and this section, 
section 10805(a)(4) of this title 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 May 23, 
    1986,

whichever occurs first.
    (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) of this section and paragraphs (1) and (2) of subsection 
(b) of this section.

(Pub. L. 99-319, title I, Sec. 106, May 23, 1986, 100 Stat. 481; Pub. L. 
100-509, Sec. 6(b), Oct. 20, 1988, 102 Stat. 2544; Pub. L. 102-173, 
Sec. 10(2), Nov. 27, 1991, 105 Stat. 1219.)


                               Amendments

    1991--Subsec. (b)(2)(C). Pub. L. 102-173 substituted ``individuals 
with mental illness'' for ``mentally ill individuals''.
    1988--Subsec. (b)(3). Pub. L. 100-509 added par. (3).

                  Section Referred to in Other Sections

    This section is referred to in section 10805 of this title.
