What are the limits of confidentiality for mental health records?
In North Dakota, mental health records are subject to certain limits of confidentiality. The North Dakota Mental Health Records Act states that mental health records must be kept confidential and may only be released with the written consent of the patient or guardian unless otherwise permitted by law. This means that a patient’s mental health records cannot be released without their permission, with certain exceptions. For example, mental health records may be released to a third party if the patient has signed an authorization form indicating that they are allowing access to their records. Other exceptions to the general rule of confidentiality include disclosures to a health care provider as part of providing treatment, disclosures to a court in response to a legal order, and disclosures to other agencies and entities that may be relevant to the care of the patient. In addition, mental health records may be released without the patient’s permission in certain emergency situations. This includes situations where the safety of the patient or another person is at risk, or the release of records is necessary for the protection of public health and safety. In summary, mental health records in North Dakota are subject to certain limits of confidentiality. Generally, a patient’s permission must be obtained before their records can be released. However, there are certain exceptions and emergency situations in which mental health records may be released without the patient’s consent.
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