§ 40.1-5-27.1. Disclosure by mental health professional.
(a) Notwithstanding §§ 40.1-5-26 and 40.1-5-27, a mental health professional providing care and treatment to an adult person with a psychiatric disability as defined in § 40.1-5-2(12) may provide certain information to a family member or other person if this family member or other person lives with and provides direct care to the psychiatrically disabled person, and without such direct care there would be significant deterioration in the psychiatrically disabled person’s daily functioning, and such disclosure would directly assist in the care of the psychiatrically disabled person. Disclosure can be made only at the written request of the family member or person living with the psychiatrically disabled person.
(b) Prior to the disclosure, the psychiatrically disabled person shall be informed, in writing, of the request, the name of the person requesting the information, the reason for the request, and the specific information being provided. Prior to disclosure, the psychiatrically disabled person shall be provided the opportunity to give or withhold consent. If the psychiatrically disabled person withholds consent, the information shall not be disclosed and the family member or other person shall be provided the opportunity to appeal. Disclosures shall be limited to information regarding diagnosis, admission to or discharge from a treatment facility, the name of the medication prescribed, and side effects of prescribed medication.
(c) On or before April 1, 1993, the department of behavioral healthcare, developmental disabilities and hospitals shall promulgate rules and regulations to further define and interpret the provisions of this section. In the development of these rules and regulations, the department shall work with an advisory committee composed, at a minimum, of proportionate representation from the following: the Coalition of Consumer Self Advocates, the Alliance for the Mentally Ill, the Mental Health Association of Rhode Island, the Council of Community Mental Health Centers, the mental health advocate, and Rhode Island Protection and Advocacy Services. Rules and regulations by the department shall include the provision of an appeals process, that would serve to protect the rights of psychiatrically disabled persons under the law.
History of Section.P.L. 1992, ch. 256, § 1; P.L. 2022, ch. 231, art. 11, § 7, effective June 27, 2022.
Structure Rhode Island General Laws
Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals
Chapter 40.1-5 - Mental Health Law
Section 40.1-5-1. - Short title.
Section 40.1-5-2. - Definitions.
Section 40.1-5-4. - Delegation of authority by director.
Section 40.1-5-6. - Voluntary admission.
Section 40.1-5-7. - Emergency certification.
Section 40.1-5-7.1. - Emergency transportation by police.
Section 40.1-5-8. - Civil court certification.
Section 40.1-5-9. - Right to treatment — Treatment plan.
Section 40.1-5-10. - Periodic institutional review proceedings.
Section 40.1-5-11. - Discharge — Recertification.
Section 40.1-5-12. - Habeas corpus and other remedies.
Section 40.1-5-13. - Mental health advocate.
Section 40.1-5-14. - Appointment and term of office of mental health advocate.
Section 40.1-5-15. - Staff of mental health advocate.
Section 40.1-5-16. - Appropriations.
Section 40.1-5-17. - Assistance of indigent persons.
Section 40.1-5-18. - Confidentiality of information received.
Section 40.1-5-19. - False statements and representations.
Section 40.1-5-20. - Exemption from court fees or charges.
Section 40.1-5-21. - Annual report.
Section 40.1-5-22. - Duties of the mental health advocate.
Section 40.1-5-23. - Access to information.
Section 40.1-5-24. - Rights and powers of mental health advocate.
Section 40.1-5-24.1. - Powers to accept grants and bequests.
Section 40.1-5-25. - Use of confidential information.
Section 40.1-5-26. - Disclosure of confidential information and records.
Section 40.1-5-27. - Release of information to patient’s family.
Section 40.1-5-27.1. - Disclosure by mental health professional.
Section 40.1-5-28. - Notice of disappearance of patient.
Section 40.1-5-29. - Record of disclosure.
Section 40.1-5-30. - Statistical data.
Section 40.1-5-31. - Maintenance of facilities.
Section 40.1-5-32. - Transfer of patients.
Section 40.1-5-33. - Payment for care and treatment.
Section 40.1-5-34. - Exclusiveness of this chapter.
Section 40.1-5-35. - Support of poor or indigent patients.
Section 40.1-5-36. - Guardians ad litem.
Section 40.1-5-37. - Service of process on patients.
Section 40.1-5-38. - Conspiracy to admit person improperly.
Section 40.1-5-39. - Deprivation of rights of persons admitted to facilities.
Section 40.1-5-40. - Disciplinary action against employees of facilities.
Section 40.1-5-40.1. - Duty to report.
Section 40.1-5-40.2. - Immunity from liability for reporting patient abuse.
Section 40.1-5-41. - Immunity of physicians and surgeons from liability.