Hawaii Administrative Rules
Title 17 - DEPARTMENT OF HUMAN SERVICES
Department of Human Services
Chapter 1601 - CONFIDENTIALITY
Section 17-1601-10 - Restrictions against disclosure of substance abuse related material
Universal Citation: HI Admin Rules 17-1601-10
Current through August, 2024
(a) Records or other information concerning patients in an alcohol or drug abuse program, including their identity, diagnosis, prognosis, and treatment, shall be confidential and unauthorized disclosure shall be prohibited without:
(1)
The informed consent of the patient; or
(2) A court order that contains the following
findings:
(A) There is reasonable cause to
believe the child has been abused or neglected;
(B) Safety of the child must be ensured and
treatment of the child and family must be provided;
(C) Other ways of obtaining the information
are not available or would not be effective;
(D) Information shall be shared among those
providing services, treatment, and care to the child and family; and
(E) The need to share information to provide
safety to the child and ensure appropriate treatment to the family outweigh the
potential injury to the patient, the physician-patient relationship, and to the
treatment services.
(b) A court order authorizing a disclosure shall:
(1) Limit disclosure to those parts of
the patient's records which are essential to fulfill the objective of the court
order;
(2) Limit disclosure to
those persons whose need for information is the basis for the court order;
and
(3) Include such other measures
that are necessary to limit disclosure for the protection of the patient, the
physician-patient relationship, and the treatment services.
(c) If all of the requirements listed in subsections (a) and (b) are not met, the department shall not disclose or re-disclose any information concerning patients in an alcohol or drug abuse program.
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