Disclosure of Mental Health Records With Patient Consent: 50 State Comparison
This comparative map shows requirements for the disclosure of mental health patient records with patient consent in all 50 states plus the District of Columbia. The map shows which states disclose mental health records with patient consent and those which disclose mental health records with patient consent barring any extenuating circumstances. States with no identified laws on the disclosure of mental health records are also shown. None of the 50 states or the District of Columbia prevent disclosure of mental health records with patient consent. Details of the requirements for disclosures are included in the details below and also in the links to the summaries of the individual state laws.
[Last Updated 06/15/2015]
Click on a state to see more information on Privacy and Confidentiality in that state
- No law identified specifying consent requirements
- Records may be released with patient consent
- Records may be released with patient consent except under extenuating circumstances
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| State | State Consent Requirements for Disclosure of Records | Details |
|---|---|---|
| Alabama | No law identified specifying consent requirements | |
| Alaska | Records may be released with patient consent | Alaska Stat. § 47.30.845 A patient may consent to the disclosure of information relating to their mental health in writing. |
| Arizona | Records may be released with patient consent | Ariz. Rev. Stat. Ann. § 36-509 A patient, or a patient’s health care decision maker, may consent to the disclosure of information relating to their mental health in writing. |
| Arkansas | Records may be released with patient consent | Ark. Admin. Code 016.04.4-28 A patient may consent to the disclosure of information relating to their mental health in writing. The signed release must include: · The name of the program directed to disclosure the information · The name of the individual or program that is directed to receive the information · The patient’s name · The purpose for disclosure · Description of the type and scope of information to be disclosed · Information regarding the patient’s right to revoke their consent · Information regarding the program’s ability to condition services on patient’s agreeing to signed the consent · The date consent expires · The date |
| California | Records may be released with patient consent | Cal. Welf. & Inst. Code § 5328 A patient, or a patient’s guardian or conservator, may consent to the disclosure of information relating to their mental health in writing. If a patient is a minor, the patient’s parent may consent in writing to disclosure, except that the provision is not meant to be construed to compel providers to disclose information revealed in confidence by members of the patient’s family. |
| Colorado | Records may be released with patient consent | Colo. Code Regs. §§ 502-1:21.170.2; 502-1:21.170.3 A patient may consent to disclosure of information relating to their mental health or substance abuse treatment by submitting a signed release with the following elements: · Intended recipient of disclosed information · Purpose for disclosure · Specific information to be disclosed · Information regarding right to revocation · Consent shall expire in two years (or less, if specified) |
| Connecticut | Records may be released with patient consent | Conn. Gen. Stat. § 52-146fe et seq. A patient, or a patient’s authorized representative, may consent to the disclosure of information relating to their mental health. The consent authorization must specify the intended recipient of the disclosed information, and the intended use of the information. A patient or a patient’s authorized representative may withdraw consent in writing. |
| Delaware | Records may be released with patient consent except under extenuating circumstances | Del. Code Ann. tit. 16 § 5161(13) A patient, or a minor patient’s parent or legal guardian may request information relating to their own mental health treatment. However, a facility may withhold information if they determine that a patient’s requested disclosure would be “seriously detrimental to the patient's health or treatment progress.” In that case, the information may be disclosed to a mental health professional designated by the patient, and the professional may use their judgment to determine which parts may be disclosed to the patient. Each patient has the right to review their record with the assistance of a mental health professional provided by the facility. A patient, or a minor patient’s parent or legal guardian, may consent to the disclosure of information relating to their mental health treatment. Information may also be disclosed to the individual’s attorney. |
| District of Columbia | Records may be released with patient consent except under extenuating circumstances | D.C. Code §§ 7-1201-1- 1208.07 A client, or if the client is under 14, the client’s parent, may consent to the disclosure of information relating to their mental health treatment by completing a written release with the following elements: · Information to be disclosed · Information regarding the client’s right to inspect his or her record · Information regarding the client’s right to revoke consent · The client’s signature · The date Information cannot be re-disclosed without consent. A person may revoke consent in writing. A mental health professional may refuse or limit disclosure if they believe it necessary to protect the client from “a substantial risk of imminent psychological impairment” or “imminent and serious physical injury.” The mental health professional must notify the client in writing about the refusal or limitation, and provide the purpose behind the refusal or limitation. The client is entitled to a second opinion from another mental health professional of comparable stature; this professional may authorize the disclosure if they determine that disclosure does not produce a substantial risk to the client. A client may also institute an action seeking to compel the disclosure if a professional has refused or limited. Any refusal or limitation must be documented in the client’s file. |
| Florida | Records may be released with patient consent | Fla. Stat. Ann. § 394.4615 A patient, or the patient’s guardian, may consent to the release of information relating to their mental health treatment. Information may be released to the patient’s attorney if the information is needed for the attorney to represent the patient. |
| Georgia | Records may be released with patient consent | Ga. Stat. Ann. § 37-3-166 A patient, parent of a minor patient, or legal guardian of a patient may consent in writing to the disclosure of information relating to a patient’s mental health. A patient’s attorney may access the patient’s mental health records, provided that the patient’s guardian consents. |
| Hawaii | Records may be released with patient consent | Haw. Rev. Stat. § 334-5-- Mental health treatment information may be disclosed if the person or their legal guardian consents to the disclosure; the statute does not specify what requirements the consent must satisfy. |
| Idaho | Records may be released with patient consent | Idaho Admin. Code 16.07.33.006 The regulation that applies to all health records. |
| Illinois | Records may be released with patient consent | 740 Ill. Comp. Stat. 110/9—110/17 The following people may consent to the disclosure of information relating to a patients’ mental health treatment, pursuant to 110/4 and 110/5: · The patient, if he or she is over 12 years of age · The parent or guardian of the patient if he or she is under 12 years of age · A parent or guardian of a patient aged 12 to 18 if the patient does not object and the provider does not determine that there are compelling reasons for denying disclosure; a parent who is denied access may petition the court for disclosure · An attorney or guardian ad litem who represents a minor over 12 years old in a judicial or administrative proceeding · An agent authorized to access the information by the patient’s power of attorney for health care or property · An attorney-in-fact appointed pursuant to the Mental Health Treatment Preference Declaration Act · A person who has care and custody of the patient pursuant to the Mental Health and Developmental Disabilities Code The above named individuals may consent to the disclosure of information relating to a patient’s mental health treatment by providing the following in writing: · The person or organization to whom the information is to be disclosed · The reason for the disclosure · The specific information to be disclosed · Right to inspect and copy the information · The consequences of a refusal to consent · The date that consent expires · The right to revoke the consent, which must be in writing · A signature |
| Indiana | Records may be released with patient consent except under extenuating circumstances | Ind. Code § 16-39-2-6-1—16-39-3-13 A patient may inspect information relating to their mental health treatment pursuant to 16-39-2-4; but if the provider determines that the requested information would be detrimental to the health of the patient, the provider does not need to the disclose the information. If the provider refuses and is a state institution or agency, the patient may appeal the refusal. A patient may consent to the disclosure of information relating to their mental health treatment to a third party in writing by including the following: · The patient’s name · The name of the person meant to disclose the patient’s mental health information · The name of the person or organization that is meant to receive the mental health information · The purpose of the release · A description of the specific information to be disclosed · The patient’s signature · The date · A statement regarding the patient’s right to revoke consent, except if action has already been taken in reliance on the consent · Information relating to expiration of consent |
| Iowa | Records may be released with patient consent | Iowa Code § 228.2 et seq. A patient or a patient’s legal representative may consent to the disclosure of information relating to their mental health in writing. The signed authorization must include: · A description of the information to be disclosed · Information regarding the right to revoke consent · The length of time that authorization is valid · The date |
| Kansas | Records may be released with patient consent | Kan. Admin. Regs. § 30-60-47 Community mental health centers must develop policies and procedures that guarantee the confidentiality of information relating to clinical records. A patient, or alternatively if applicable, a parent, guardian, or other representative may authorize the disclosure of information relating to the patient’s mental health treatment by providing the following: · The patient’s name · The individual or organization that is the intended recipient of the disclosed information · The name of the facility or staff member authorized to make the disclosure · The purpose for the disclosure · A description of the specific information to be released · Information regarding the expiration of the authorization to disclose · Information regarding the patient’s right to revoke consent · The date · The patient’s signature |
| Kentucky | Records may be released with patient consent | Ky. Rev. Stat. Ann. § 210.235 A patient or the patient’s guardian may consent to the disclosure of information relating to their mental health. |
| Louisiana | No law identified specifying consent requirements | |
| Maine | Records may be released with patient consent | 14-472-1 Me. Code R. § 1 A legally emancipated or an unemancipated patient’s parents, guardians, or custodians who are legally responsible for the patient may consent to the disclosure of information relating to their mental health by providing the following: · Description of the specific information to be disclosed · Name of individual or agency that is the intended recipient of the disclosed information · The purpose of the disclosure · The expiration of the authorization to disclose, which may not exceed a year · Notice of right to revoke authorization 34 MRS § 1207: A patient, or alternatively if applicable, the patient’s legal guardian or parent if the patient is a minor, may consent in writing to the disclosure of information relating to their mental health treatment. |
| Maryland | Records may be released with patient consent | Md. Code Ann. Health—Gen. § 4-307 A patient may make a written request for disclosure, and documentation relating to the disclosure must be included in the patient’s record. |
| Massachusetts | Records may be released with patient consent | 104 Code of Mass. Regs. 27.17 The Commissioner may issue a permit for a third party to inspect the mental health records of a patient if the inspection would be permitted by HIPAA and its implementing regulations, and the disclosure would be in the best interests of the patient, provided that written authorization is attempted to be obtained from the patient in advance. “Best interest” is defined to include disclosure to a health care provider in an emergency situation and to facilitate the delivery of services. |
| Michigan | Records may be released with patient consent | Mich. Comp. Laws § 330.1748, § 330.1748a A patient may consent to the disclosure of information relating to their mental health. |
| Minnesota | Records may be released with patient consent | Minn. Stat. § 144.294: If a spouse, child or other individual submits a written request to receive information regarding a patient who is being treated for a mental illness, the provider must ask the patient if he wants to authorize the disclosure of information to that particular person. If the patient authorizes it, the provider may communicate with that authorized person about the patient’s treatment. |
| Mississippi | Records may be released with patient consent | Miss. Code Ann. § 41-21-97 A patient may consent to the disclosure of information relating to their mental health in writing. |
| Missouri | Records may be released with patient consent | Mo. Rev. Stat. § 630.140 A patient, or a patient’s guardian having legal custody of the patient, may consent to the disclosure of information relating to their mental health. If the patient is a minor, the patient’s parents may consent on the minor’s behalf. |
| Montana | Records may be released with patient consent | Mont. Code Ann. § 53-21-166 A patient may consent to the disclosure of information relating to their mental health. If the patient is a ward, the patient’s guardian or conservator may consent on the patient’s behalf. This provision is not to be construed to require a provider to disclose information that has been shared in confidence by a patient’s family member. |
| Nebraska | Records may be released with patient consent | Neb. Rev. Stat. § 38-2136 A patient may consent to the disclosure of information relating to their mental health in writing. If the person is deceased, the person’s personal representative may consent on their behalf |
| Nevada | Records may be released with patient consent | Nev. Rev. Stat. §433A.360 A patient, the patient’s parent if he or she is a minor, a patient’s guardian, may consent to the disclosure of information relating to their mental health in writing. |
| New Hampshire | Records may be released with patient consent | N.H. Rev. Stat. Ann. § 135-C:19-a A patient, the patient’s parent if he or she is a minor, a patient’s guardian, may consent to the disclosure of information relating to their mental health in writing. |
| New Jersey | Records may be released with patient consent | N.J. Stat. Ann. § 30:4-24.3. A patient, a patient’s legal guardian, or a patient’s parent if the patient is a minor, may consent to the disclosure of information relating to their mental health. |
| New Mexico | Records may be released with patient consent | N.M. Stat. Ann. § 43-1-19 A patient may consent to the disclosure of information relating to their mental health. A patient’s written authorization must contain the following: · The patient’s signature · A statement regarding the client’s right to examine and copy the information to be disclosed · The intended recipient · A description of the manner in which the disclosed information is intended to be used · To an insurer for purposes of securing payment |
| New York | Records may be released with patient consent except under extenuating circumstances | N.Y. Mental Hyg. § 33.13 A patient may consent to the disclosure of information relating to their mental health. A person authorized to consent on the patient’s behalf may also authorize disclosure, provided that disclosure is not expected to be detrimental to the patient. |
| North Carolina | Records may be released with patient consent | N.C. Gen. Stat. § 122C-52 et seq. A patient, or a patient’s legally responsible person, may consent to the disclosure of information relating to their mental health in writing. The release must specify the length of consent, and the patient’s right to revoke consent. |
| North Dakota | No law identified specifying consent requirements | |
| Ohio | Records may be released with patient consent except under extenuating circumstances | Ohio Rev. Code Ann. § 5122.31 A patient, a patient’s legal guardian, or a patient’s parent if they are a minor, may consent to the disclosure of information relating to their mental health in writing. Consent to disclosure is only effective if it is in the best interests of the patient, as may be determined by the “court for judicial records and by the chief clinical officer for medical records.” |
| Oklahoma | Records may be released with patient consent except under extenuating circumstances | Okla. Stat. tit. 43, §1-109 A patient may sign a release for disclosure of information relating to their mental health or substance abuse treatment. However, the patient is not entitled to the following information:
A valid release for disclosure must have the following information, and is not valid if expired, revoked, or material information included within is known to be false:
A patient may revoke a release in writing unless:
An executor, administrator, or personal representative may sign a written release for disclosure of information pertaining to a deceased client. |
| Oregon | Records may be released with patient consent | Or. Rev. Stat. § 179.505 A patient, or a patient’s personal representative, may consent to the disclosure of information relating to their mental health in writing, by providing the following: · The name of the provider that is authorized to make the disclosure · The intended recipient of the disclosed information · The patient’s name · A specific description of the information to be disclosed · Date or condition upon which consent is revoked |
| Pennsylvania | Records may be released with patient consent | 50 Pa. Stat. Ann. § 7111 A patient may consent to the disclosure of information relating to their mental health in writing. |
| Rhode Island | Records may be released with patient consent | R.I. Gen. Laws § 40.1-24.5-11 A patient may consent to the disclosure of information relating to their mental health in writing. |
| South Carolina | Records may be released with patient consent | S.C. Ann. Code § 44-22-100 A patient, or a patient’s guardian, may consent to the disclosure of information relating to their mental health. |
| South Dakota | Records may be released with patient consent | S.D. Code § 27A-12-25 et seq. A patient, a patient’s parent if he or she is a minor, or a guardian, may consent to the disclosure of information relating to their mental health. |
| Tennessee | Records may be released with patient consent | Tenn. Code Ann. § 33-3-103 et seq. A patient, if he or she is over the age of 16, may consent to the disclosure of information relating to their mental health. The following may also consent to disclosure: · The patient’s conservator · A person with power of attorney · A parent or legal guardian or custodian if the patient is under 16 · The patient’s guardian ad litem · A treatment review committee if the patient has been involuntarily committed, |
| Texas | Records may be released with patient consent | Tex. Health & Safety Code § 611.002 et seq. A patient or patient’s legal guardian if the patient is a minor or adjudicated as incompetent may consent to the disclosure of information relating to their mental health in writing. |
| Utah | Records may be released with patient consent | Utah Code Ann. § 58-60-114 A patient, a patient’s authorized agent, or a patient’s parent or legal guardian if the patient is a minor may consent to the disclosure of information relating to their mental health. |
| Vermont | Records may be released with patient consent | Vt. Stat. Ann. tit 18 § 7103 A patient, a patient’s designated health care agent, or a patient’s legal guardian may consent to the disclosure of information relating to their mental health in writing. A parent or legal guardian may consent on behalf of a minor. |
| Virginia | Records may be released with patient consent | Va. Admin. Code § 35-115-80 A patient or a patient’s authorized representative may consent to the disclosure of information relating to their mental health; written consent must contain the following items: · Name of the intended recipient of the disclosed information · Description of the information to be disclosed, and the purpose of the disclosure · Date that consent is effective, and the date or event that triggers expiration of consent · The patient’s signature, or the patient’s authorized representative’s signature · The date A minor may consent to the disclosure of information relating to “treatment or rehabilitation for substance use disorders, mental illness, or emotional disturbance.” Information relating to a minor’s inpatient psychiatric hospitalization if the minor is 14 or older must be given concurrently by the minor and the minor’s custodial parent. |
| Washington | Records may be released with patient consent | Wash. Rev. Code 70.02.230: A patient may consent to the disclosure of their mental health information to a designated person. A patient’s guardian may consent on the patient’s behalf. If the patient is a minor, the minor’s parent may consent on the patient’s behalf. |
| West Virginia | Records may be released with patient consent | W.Va. Code § 27-3-1, 27-3-2 Confidential mental health information may be disclosed pursuant to a written and signed consent form completed by the patient or the patient’s legal guardian. |
| Wisconsin | Records may be released with patient consent | Wis. Stat. Ann. § 51.30 Mental health information may be disclosed if a patient or a patient’s legally authorized representative gives informed consent in writing. Written consent must contain the following items: · The name of the individual or organization that is the intended recipient of the disclosed information · The patient’s name · The purpose of the disclosure · The information to be disclosed · The specified period of time that consent will be in effect · The date the patient signed the consent · Signature of the patient or the patient’s legally authorized representative A minor who is at least 14 may consent to the disclosure on his or her own behalf. |
| Wyoming | Records may be released with patient consent | Wyo. Stat. Ann. § 9-2-125 Mental health information may be disclosed if a patient or the patient’s legal representative provides informed written consent for the disclosure, provided that the disclosure is limited to the terms of the written consent. |
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