GENERAL ASSEMBLY OF NORTH CAROLINA

1991 SESSION

 

 

CHAPTER 359

SENATE BILL 372

 

AN ACT TO MAKE CHANGES TO THE LAW RELATING TO EXEMPTIONS TO CONFIDENTIALITY OF MENTAL HEALTH CLIENTS' RECORDS.

 

The General Assembly of North Carolina enacts:

 

Section 1.  G.S. 122C-55(a) reads as rewritten:

"(a)      Any area or State facility or the psychiatric service of the University of North Carolina Hospitals at Chapel Hill may share confidential information regarding any client of that facility with any other area or State facility or the psychiatric service of the University of North Carolina Hospitals at Chapel Hill upon a written determination by the responsible professional that such disclosure is necessary when necessary to coordinate appropriate and effective care, treatment or habilitation of the client and that when failure to share this information would be detrimental to the care, treatment or habilitation of the client; provided however, confidential information may be shared without a written determination either between State facilities or between area facilities within the same catchment area. client. Under the circumstances described in this subsection, the consent of the client or legally responsible person is not required for this information to be furnished, and the information may be furnished despite objection by the client."

Sec. 2.  This act becomes effective October 1, 1991.

In the General Assembly read three times and ratified this the 24th day of June, 1991.

 

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James C. Gardner

President of the Senate

 

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Daniel Blue, Jr.

Speaker of the House of Representatives