N.C. Gen. Stat. §§ 122C-52—122c-56 - Right to confidentiality

Substance abuse treatment records are confidential and privileged to the patient, and may only be disclosed according to one of the statutes. The confidentiality of mental health records is governed by the same statute. Any state provision that permits disclosure where Part 2 prohibits it shall not apply. Disclosure not permitted by statute may result in a class c misdemeanor.

Disclosure With Consent

Substance abuse treatment information may be disclosed upon the client’s—or someone legally responsible for the client’s—written consent that information be released to a specific person. The release expires after a specified amount of time and may be revoked by the client.

A physician or facility director may withhold certain information in a client’s record if he or she determines that the disclosure would be “injurious to the client's physical or mental well-being.” Facilities may share confidential information between one another for treatment purposes.

Disclosure Without Consent

A facility may disclose to a client’s next of kin whether the client was admitted to discharged if a professional determines that such disclosure is in the best interest of the client. Confidential information may be disclosed “quality assessment and improvement activities,” and for purposes of obtaining benefits and reimbursed services the client. Confidential information may be disclosed if a professional perceives an “imminent danger to the health or safety of the client or another individual or there is a likelihood of the commission of a felony or violent misdemeanor.” Information may be disclosed between providers as necessary during the course of providing emergency services to the client.

Disclosure Pursuant to Court Order

Substance abuse treatment information may be released upon court order.