Sec. 703. Confidentiality requirements for mental health care services for members of the Armed Forces
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/bill/117/s/4543/rs/section-703A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In order to reinforce the policies of eliminating stigma in obtaining mental health care services and further encouraging help-seeking behavior by members of the Armed Forces, not later than July 1, 2023, the Secretary of Defense shall— update and reissue Department of Defense Instruction 6490.08, entitled Command Notification Requirements to Dispel Stigma in Providing Mental Health Care to Service Members and issued on August 17, 2011, taking into account— experience implementing the Instruction; and opportunities to more effectively dispel stigma in obtaining mental health care services and encourage help-seeking behavior; and develop standards within the Department of Defense that— ensure, except in cases in which there are exigent circumstances, confidentiality of mental health care services provided to members who voluntarily seek such services; and in cases in which there are exigent circumstances, prevent health care providers from disclosing more than the minimum amount of information necessary to address the exigent circumstances.
The standards required by subsection (a)(2) shall include the following elements: Requirements for confidentiality regarding the request and receipt by a member of the Armed Forces of mental health care services under the self-initiated referral process under section 1090a(e) of title 10, United States Code. Requirements for confidentiality regarding the results of any drug testing incident to mental health care services. Procedures that reflect best practices of the mental health profession with respect to suicide prevention.
Prohibition on retaliating against a member of the Armed Forces who requests mental health care services. Such other elements as the Secretary determines will most effectively support the policies of— eliminating stigma in obtaining mental health care services; and encouraging help-seeking behavior by members of the Armed Forces. Not later than July 1, 2023, the Secretary of Defense and the Secretary of Veterans Affairs shall issue a joint policy that provides, except in the case of exigent circumstances, for confidentiality of mental health care services provided by the Department of Veterans Affairs to members of the Armed Forces, including members of reserve components of the Armed Forces, under sections 1712A, 1720F, 1720H, and 1789 of title 38, United States Code, and other applicable law.
The joint policy issued urder paragraph
(1)shall, to the extent practicable, establish standards comparable to the standards developed under subsection (a)(2). Not later than July 1, 2023, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a copy of the standards developed under subsection (a)(2) and the joint policy issued under subsection (c). In this section, the term exigent circumstance means a circumstance in which the Secretary of Defense determines the need to prevent serious harm to individuals or essential military functions clearly outweighs the need for confidentiality of information obtained by a health care provider incident to mental health care services voluntarily sought by a member of the Armed Forces.