Current through Register Vol. 30, No. 52, December 27, 2024
A. Records of a
client who is currently receiving or has received services from a mental health
agency are private and shall be disclosed only to those individuals authorized
according to federal and state law.
B. Inspection by the client, the client's
guardian, attorney, paralegal working under the supervision of an attorney, or
any other designated representative shall be permitted as follows:
1. Except as prohibited by federal and state
law, the client and, if applicable, the client's guardian shall be permitted to
inspect and copy the client's record as soon as possible after a request, and
no later than 10 working days after a request. If any portion of the client
record is withheld under federal or state law, the mental health agency shall
provide written notice to the client or, if applicable, the client's guardian
including:
a. The reason the mental health
agency is withholding a portion of the client's record,
b. An explanation of the client's right to a
review of the decision to withhold a portion of the client's record,
and
c. An explanation of the
client's right to file a grievance according to Article 4 of this
Chapter.
2. An attorney,
paralegal working under the supervision of an attorney, or other designated
representative of the client shall be permitted to inspect and copy the record,
if such attorney or representative furnishes written authorization from the
client or guardian.
3. When
necessary for the understanding of the client or guardian and, if the client or
the client's guardian provides authorization, when necessary for the
understanding of an attorney, paralegal working under the supervision of an
attorney, or designated representative, staff of the mental health agency
possessing the records shall read or interpret the record for the client,
guardian, attorney, paralegal working under the supervision of an attorney, or
designated representative.
C. Inspection by specially authorized persons
or entities shall be permitted as follows unless otherwise prohibited by
federal or state law:
1. Records of a client
may be available to those individuals and agencies listed in A.R.S. §
36-509.
2. Records of a client shall be open to
inspection upon proper judicial order, whether or not such order is made in
connection with pending judicial proceedings.
3. Records of a client shall be made
available to a physician who requests such records in the treatment of a
medical emergency, provided that the client is given notice of such access as
soon as possible.
4. Records of a
client shall be made available to staff authorized by the Administration to
monitor the quality of services being provided by the mental health agency to
the client.
5. Records of a client
shall be made available to guardians and family members actively participating
in the client's care, treatment or supervision as provided by A.R.S.
§§
36-504,
36-509(A)(8)
and (B). Except when inspection of a client's
record is required under a proper judicial order or by a physician in a medical
emergency, a client, guardian or family member may challenge the decision to
allow or deny inspection of the record by filing a request for administrative
and judicial review in accordance with the provisions of A.R.S. §
36-517.01
or other applicable federal or state law. Once a request is filed, no further
disclosure of records shall be made until the review has been
completed.
D. Unless
otherwise permitted by federal or state law, records shall be open to
inspection by other third parties only upon the authorization of the client or
guardian. Before authorization is given, the client or guardian shall be
offered an opportunity to examine the information to be disclosed and be
provided with the name of the recipient and uses to be made of the
information.
E. The fee for copying
records obtained under this rule shall be no more than the actual expense of
reproducing the record or the requested parts and may be limited further by
A.R.S. §
12-2295.
F. A client or guardian shall be informed of
a court order or subpoena commanding production of a client's record as soon as
possible and in any event prior to the date for production and of the client's
or guardian's right to request the court to quash or modify the order or
subpoena.
G. The records maintained
by the mental health agency shall contain accurate, complete, timely,
pertinent, and relevant information.
1. If a
client or guardian believes that the record contains inaccurate or misleading
information, the client or guardian may prepare, with assistance if requested,
a statement of disagreement which shall be entered in the record.
2. If a client or guardian objects to the
collection of the information in the record, the client or guardian may file a
grievance according to Article 4 of this Chapter.
H. A list shall be kept of every person or
organization who inspects the client's records, other than the client's
clinical team, the uses to be made of that information, and the person
authorizing access. A list of such access shall be placed in the client's
record and shall be made available to the client or other designated
representative.
