Authorization to Release without Consent
§ 122C-53. Exceptions; client.
(b) A facility is permitted to reveal the admission or discharge status of a client to
the client's next of kin when the responsible professional concludes that such
disclosure serves the best interest of the client.
(g) An internal client advocate shall be permitted access to routine reports and
other confidential information essential for carrying out his monitoring and
advocacy duties, without requiring the consent of the client or their legally
responsible representative.
(h) In accordance with G.S. 122C-205, the facility shall notify the appropriate individuals upon the escape from and subsequent return of clients to a 24-hour facility.
§ 122C-54. Exceptions; abuse reports and court proceedings.
(a) A facility is required to reveal confidential information if a court with
appropriate authority issues an order mandating such disclosure.
(a1)For the purpose of submitting a petition for the involuntary commitment of a
client in accordance with Article 5 of this Chapter, or for the purpose of filing a
petition for the determination of incompetency
(b) If a person is a defendant in a criminal case and the court has mandated a
mental examination of the defendant in accordance with G.S. 15A-1002, the
facility is required to forward the results or the report of the mental
examination to the clerk of court, the district attorney or prosecuting officer,
and the attorney of record representing the defendant as stipulated in G.S.
15A-1002(d).
(g) A facility is permitted to share confidential information with an attorney
representing either the facility itself or an employee of the facility, provided
that such information pertains to litigation, the facility's operations, or the
services offered by the facility.
(h) A facility is required to disclose confidential information in order to comply with
Article 3 of Chapter 7B of the General Statutes and Article 6 of Chapter 108A
of the General Statutes, or as mandated by other State or federal legislation.
§ 122C-55. Exceptions; care and treatment.
(a) Any facility is permitted to disclose confidential information pertaining to any
client of that facility to another facility when it is essential for the coordination
of suitable and effective care, treatment, or habilitation of the client.
(a1)Any facility is permitted to disclose confidential information pertaining to any
client of that facility to the Secretary. Furthermore, the Secretary is authorized
to share confidential information about any client with a facility when it is
essential for conducting quality assessment and improvement activities, or for
coordinating suitable and effective care, treatment, or habilitation of the client.
(b) An institution, physician, or any other person tasked with the assessment,
management, oversight, or care of individuals evaluated or admitted for
outpatient treatment in accordance with Article 5 of this Chapter is permitted
to request, obtain, and share confidential information as required to effectively
carry out their duties.
(c) A facility is permitted to provide confidential information it holds to the Division
of Adult Correction within the Department of Public Safety upon request from
that department concerning any client of the facility, provided that the inmate
has been assessed by the Division of Adult Correction of the Department of
Public Safety as requiring treatment for mental illness, developmental
disabilities, or substance abuse.
(d) A diligent professional may reveal confidential information if he believes there
is an immediate threat to the health or safety of the client or another person,
or if there is a possibility of a felony or violent misdemeanor being committed.
(e) A diligent professional may share confidential information with a physician or
another health care provider who is delivering emergency medical services to
a client.
The sharing of information is restricted to what is essential for addressing the
emergency, as assessed by the qualified professional.
(e2) A diligent professional may reveal prior directives regarding mental health
treatment or confidential details from such directives to a physician,
psychologist, or another qualified expert when the diligent professional
concludes that such disclosure is essential to implement or facilitate treatment
in line with the advance instruction.
(f) A facility is permitted to share confidential information with a support services
provider when the facility has established a written contract with an individual
to deliver support services. This contract must contain a clause in which the
support services provider agrees to protect and refrain from further disclosing
any confidential information received, stored, processed, or otherwise
handled.
(g) In instances where there is justification to assume that the client qualifies for
financial assistance from a governmental agency, a facility is permitted to
share confidential information with state, local, or federal government entities
(g2) In instances where there is justification to assume that the client qualifies for
educational services provided by a governmental agency, a facility is required
to share client identifying information with the Department of Public
Instruction.
(i)Upon a specific request, a qualified professional may disclose confidential
information to a physician or psychologist who has referred the client to the
facility.
(k)At the request of the next of kin or another family member who has a valid role
in the therapeutic services provided, or any individual appointed by the client
or their legally accountable representative, the responsible professional is
obligated to inform the next of kin, family member, or designated individual
about the client's admission to the facility, transfer to a different facility,
decision to depart from the facility against medical advice, discharge from the
facility, as well as referrals and appointment details for post-discharge
treatment, following the notification to the client that such information has
been requested.
§ 122C-56. Exceptions; research and planning.
(b) The Secretary may obtain access to confidential information from both private
and public agencies or representatives for the purposes of research and
assessment in the fields of mental health, developmental disabilities, and
substance abuse.
(c) A facility is permitted to share confidential information with individuals tasked
with performing general research or conducting clinical, financial, or
administrative audits, provided there is a valid and documented necessity for
such information.