§334-5 Confidentiality of records. All certificates, applications, records, and reports made for the purposes of this chapter that are maintained, used, or disclosed by health care providers as defined in this chapter, health plans as defined in title 45 Code of Federal Regulations section 160.103, and health care clearinghouses as defined in title 45 Code of Federal Regulations section 160.103, and directly or indirectly identifying a person subject hereto shall be kept confidential and shall not be disclosed by any person except as allowed by title 45 Code of Federal Regulations part 164, subpart E. Nothing in this section shall preclude the:
(1) Application of more restrictive rules of confidentiality set forth for records covered by title 42 Code of Federal Regulations part 2, relating to the confidentiality of alcohol and drug abuse patient records;
(2) Disclosure deemed necessary under the federal Protection and Advocacy for Mentally Ill Individuals Act of 1986, P.L. 99-319, to protect and advocate for the rights of persons with mental illness who reside in facilities providing treatment or care; or
(3) Disclosures made by a court or the Hawaii criminal justice data center of orders of involuntary civil commitment issued pursuant to section 334-60.5 for the purpose of firearms permitting or registration pursuant to chapter 134. [L 1967, c 259, pt of §1; HRS §334-5; am L 1973, c 122, §1; gen ch 1985; am L 1987, c 148, §1; am L 1999, c 87, §3; am L Sp 2000 2d, c 1, §1; am L 2001, c 244, § §3, 6; am L 2003, c 204, §8; am L 2004, c 22, §1; am L 2008, c 98, §2; am L 2014, c 87, §3 and c 214, §4]
Structure Hawaii Revised Statutes
334. Mental Health, Mental Illness, Drug Addiction, and Alcoholism
334-2.5 Contracts for facilities and services.
334-3 Functions of department in mental health.
334-3.5 Employment program for the chronically mentally ill established.
334-4 Personnel for mental health program.
334-5 Confidentiality of records.
334-6 Fees; payment of expenses for treatment services.
334-7 Donations or grants to department.
334-10 State council on mental health.
334-12 Bilingual mental health services.
334-13 Representative payee program.
334-14 Group homes for substance abusers; source of funds; disposition of receipts.
334-15 Mental health and substance abuse special fund; established.
334-16 Annual report; forensic patient data.
334-21 Licensing of psychiatric facilities.
334-23 Money belonging to patients.
334-24 Admission; discharge; civil liability.
334-59 Emergency examination and hospitalization.
334-59.5 Notice of admissions, examinations, and hospitalizations.
334-60.1 Voluntary admission for nonemergency treatment or supervision.
334-60.2 Involuntary hospitalization criteria.
334-60.3 Initiation of proceeding for involuntary hospitalization.
334-60.7 Notice of intent to discharge.
334-61 Presumption; civil rights.
334-62 Service of process and papers upon patients.
334-71 Transfer of patients between facilities.
334-74 Transfer of residents of correctional facilities.
334-76 OLD REPEALED. §334-76 Discharge from custody.
334-82 Order to show cause; guardian ad litem.
334-86 Status of patient pending hearing.
334-104 Least restrictive level of service.
334-106 License or accreditation required.
334-121 Criteria for assisted community treatment.
334-121.5 Examination for assisted community treatment indication.
334-123 Initiation of proceeding for assisted community treatment.
334-123.5 Appointment of a guardian ad litem.
334-128 Treatment costs and fees.
334-129 Failure to comply with assisted community treatment.
334-130 Period of assisted community treatment.
334-131 Notice of intent to discharge.
334-132 Objection to discharge.
334-133 Petition for additional period of treatment; hearing.
334-134 Hearing for discharge.
334-143 Notice of hearing and service of petition on respondent.
334-144 Hearing and court order.
334-145 Treatment costs, fees, and costs for petition process.