Confidentiality of records pertaining to identity, diagnosis or treatment – Ohio Rev. Code Ann. § 5119.27

Confidentiality of records pertaining to identity, diagnosis or treatment                     

Records from mental health and addiction services pertaining to drug treatment are confidential and privileged to the patient, and may only be disclosed according to the statute.

Disclosure With Consent

A patient may consent to the disclosure of information regarding their drug treatment information through a signed, written release. The release must:

• Explicitly identify the intended recipient of the disclosed information
• Describe the information to be disclosed; and
• Describe the purposes of disclosure

Patients in treatment as a condition of parole are deemed to have consented to disclosure.

Disclosure Without Consent

Patient records or information may be disclosed without the patient’s consent for purposes of research, management, audit, or program evaluation, provided that the recipient of the information does not publish patient identifying information in a report or disclose it otherwise.

Disclosure Pursuant to Court Order

A prosecuting attorney or director of a treatment facility may request a court to order disclosure of drug treatment information if there is reason to believe that the facility is being operated illegally. To ensure that the disclosed information is only used for the purpose requested, the court must:

• Limit disclosure of patient records to the extent necessary to fulfill the order’s objective
• Is appropriate, require information to be disclosed in the judge’s chambers
• Include any other appropriate measure to keep disclosure to a minimum