Sec. 704. CONFIDENTIALITY REQUIREMENTS FOR MENTAL HEALTH CARE SERVICES FOR MEMBERS OF THE ARMED FORCES
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## SEC. 704 CONFIDENTIALITY REQUIREMENTS FOR MENTAL HEALTH CARE SERVICES FOR MEMBERS OF THE ARMED FORCES **[**[10 U.S.C. 1090b note](/us/usc/t10/s1090b)**]** ###
(a)In General 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— ####
(1)update and reissue Department of Defense Instruction 6490.08, titled “Command Notification Requirements to Dispel Stigma in Providing Mental Health Care to Service Members” and issued on August 17, 2011, taking into account— #####
(A)experience implementing the Instruction; and #####
(B)opportunities to more effectively dispel stigma in obtaining mental health care services and encourage help-seeking behavior; and ####
(2)develop standards within the Department of Defense that— #####
(A)ensure, except in a case in which there is an exigent circumstance, the confidentiality of mental health care services provided to members who voluntarily seek such services; #####
(B)include a model for making determinations with respect to exigent circumstances that clarifies the responsibilities regarding the determination of the effect on military function and the prevention of self-harm by the individual; and #####
(C)in a case in which there is an exigent circumstance, prevent health care providers from disclosing more than the minimum amount of information necessary to address the exigent circumstance. ###
(b)Elements The standards required by subsection (a)(2) shall include the following elements: ####
(1)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. ####
(2)Requirements for confidentiality regarding the results of any drug testing incident to such mental health care services. ####
(3)Procedures that reflect best practices of the mental health profession with respect to suicide prevention. ####
(4)A prohibition against retaliating against a member of the Armed Forces who requests mental health care services. ####
(5)Such other elements as the Secretary determines will most effectively support the policies of— #####
(A)eliminating stigma in obtaining mental health care services; and #####
(B)encouraging help-seeking behavior by members of the Armed Forces. ###
(c)Joint Policy With the Secretary of Veterans Affairs ####
(1)In general 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 a case in which there is an exigent circumstance, for the confidentiality of mental health care services provided by the Secretary of Veterans Affairs to members of the Armed Forces, including the reserve components, under section 1712A, 1720F, 1720H, or 1789 of title 38, United States Code, or other applicable law. ####
(2)Elements The joint policy issued under paragraph
(1)shall, to the extent practicable, include standards comparable to the standards developed under subsection (a)(2). ###
(d)Report 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). ###
(e)Exigent Circumstance Defined In this section, the term “exigent circumstance” means a circumstance in which the Secretary of Defense determines the need to prevent serious harm to an individual or essential military function 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.
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Sec. 704
CONFIDENTIALITY REQUIREMENTS FOR MENTAL HEALTH CARE SERVICES FOR MEMBERS OF THE ARMED FORCES
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