Haw. Rev. Stat. § 334-5 - Mental Health System: Confidentiality of records

All substance abuse treatment records are confidential to the same extent that mental health records are confidential and may only be disclosed according to the statute; the statute states that it does not preclude application of the more stringent requirements set forth in Part 2.

Disclosure With Consent

Substance abuse 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.

Disclosure Without Consent

Substance abuse treatment information may be disclosed without consent if the director or administrator of a psychiatric facility of health deems it necessary to carry out the laws governing mental health and substance abuse. Disclosure without consent is permitted when required by the federal Protection and Advocacy for Mentally Ill Individuals Act. Disclosure of treatment information from the previous five years without consent is permitted to other health care providers for purposes of care and treatment, provided that efforts are made to obtain advance consent. Finally, disclosure without consent is permitted between provider and payor for purposes of receiving reimbursement for services, but only after the provider gives the patient an opportunity to pay for the service directly and the patient does not do so.

Disclosure Pursuant to Court Order

Substance abuse treatment information may be disclosed pursuant to a court order upon determination that disclosure is necessary for the proceeding, and that failure to disclose would be contrary to the public interest.