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Introduced Version Senate Bill 185 History

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sb185 intr
Senate Bill No. 185

(By Senators Tomblin, Mr. President, and Caruth,

By Request of the Executive)

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[Introduced January 10, 2008; referred to the Committee on the Judiciary.]

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A BILL to amend and reenact §27-3-1 of the Code of West Virginia, 1931, as amended, relating to authorizing the disclosure of certain mental health records to the National Instant Criminal Background Check System.

Be it enacted by the Legislature of West Virginia:
That §27-3-1 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 3. CONFIDENTIALITY.
§27-3-1. Definition of confidential information; disclosure.

(a) Communications and information obtained in the course of treatment or evaluation of any client or patient are confidential information. Such confidential information includes the fact that a person is or has been a client or patient, information transmitted by a patient or client or family thereof for purposes relating to diagnosis or treatment, information transmitted by persons participating in the accomplishment of the objectives of diagnosis or treatment, all diagnoses or opinions formed regarding a client's or patient's physical, mental or emotional condition; any advice, instructions or prescriptions issued in the course of diagnosis or treatment, and any record or characterization of the matters hereinbefore described. It does not include information which does not identify a client or patient, information from which a person acquainted with a client or patient would not recognize such client or patient, and uncoded information from which there is no possible means to identify a client or patient.
(b) Confidential information may shall not be disclosed, except:
(1) In a proceeding under section four, article five of this chapter to disclose the results of an involuntary examination made pursuant to sections two, three or four, article five of this chapter;
(2) In a proceeding under article six-a of this chapter to disclose the results of an involuntary examination made pursuant thereto;
(3) Pursuant to an order of any court based upon a finding that the information is sufficiently relevant to a proceeding before the court to outweigh the importance of maintaining the confidentiality established by this section;
(4) To provide notice to the federal National Instant Criminal Background Check System, established pursuant to section 103(d) of the Brady Handgun Violence Prevention Act, 18 U.S.C. §922 note (National Instant Criminal Background Check System), that a patient: (i) Has been involuntarily hospitalized as provided in article five of this chapter; (ii) has been adjudicated mentally incompetent in a proceeding under article six-a of this chapter; or (iii) has regained the ability to possess a firearm by order of a circuit court in a proceeding under subsection (c), section seven, article seven, chapter sixty-one of this code;
(4) (5) To protect against a clear and substantial danger of imminent injury by a patient or client to himself, herself or another;
(5) (6) For treatment or internal review purposes, to staff of the mental health facility where the patient is being cared for or to other health professionals involved in treatment of the patient; and
(6) (7) Without the patient's consent as provided for under the Privacy Rule of the federal Health Insurance Portability and Accountability Act of 1996, 45 C.F.R. §164.506 for thirty days from the date of admission to a mental health facility if: (i) The provider makes a good faith effort to obtain consent from the patient or legal representative prior to disclosure; (ii) the minimum information necessary is released for a specifically stated purpose; and (iii) prompt notice of the disclosure, the recipient of the information and the purpose of the disclosure is given to the patient or legal representative.


NOTE: The purpose of this bill is to authorize the disclosure of certain mental health records to the National Instant Criminal Background Check System.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
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