Records – Wis. Stat. Ann. § 51.30

Records

A client may give informed consent to the disclosure of information related to their substance abuse treatment in writing provided that the release form contains the following information:

• The name of the intended recipient of the information
• The client’s name
• The purpose of the disclosure
• The specific type of information to be disclosed
• The time period during which the consent is effective
• The date
• The signature of the client or someone legally authorized to consent on behalf of the client

A minor over the age of 14 may consent on his or her own behalf to the disclosure of treatment information. A guardian for an individual who is adjudicated incompetent may consent to the disclosure of treatment information.

Disclosure of Court Records

All files and records of court proceedings may not be disclosed except to an individual who is the subject of a petition for access, or someone who has that individual’s written consent.  However, the law makes some exceptions, and the following are also allowed access without the individual’s consent:

• An individual’s attorney or guardian
• Certain authorized representative of government agencies and departments
• Department of corrections

Disclosure of Treatment Records Without Consent

Confidential substance abuse treatment information may be disclosed for purposes of auditing and program evaluation, provided that patient identifying information is not redisclosed. Information may be disclosed to certain government officials for billing and collection purposes. Information may be disclosed for research purposes provided that the project is approved by the department and the researcher assures that the information will not be redisclosed and patient identifying information will not be published.

Information may be disclosed within the department to coordinate treatment or to determine if the patient should be transferred to a less restrictive facility. Information may be disclosed to a health care provider during a medical emergency, and if necessary for the current treatment of the individual.

Information may be disclosed pursuant to mandatory elder abuse reporting laws. Disclosure without consent is permitted in connection with an apparent crime on the premises of the a facility

Disclosure of Treatment Records Pursuant to Court Order

Substance abuse treatment information may be disclosed pursuant to a lawful court order; the statute does not provide further information.