26B-5-407. Confidentiality of information and records -- Exceptions -- Penalty.
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Effective 5/3/2023
26B-5-407. Confidentiality of information and records -- Exceptions -- Penalty.
(1)Notwithstanding the provisions of Title 63G, Chapter 2, Government Records Access and Management Act , all certificates, applications, records, and reports made for the purpose of this part that directly or indirectly identify a patient or former patient or an individual whose commitment has been sought under this part, shall be kept confidential and may not be disclosed by any person except as follows:
(a)the individual identified consents after reaching 18 years old;
(b)the child's parent or legal guardian consents;
(c)disclosure is necessary to carry out any of the provisions of this part; or
(d)a court may direct, upon its determination that disclosure is necessary for the conduct of proceedings before it, and that failure to make the disclosure would be contrary to the public interest.
(2)A person who violates any provision of this section is guilty of a class B misdemeanor.
Renumbered and Amended by Chapter 308 , 2023 General Session