§ 43A-2-109 — Office of Consumer Advocacy - Advocate General and

staff - Confidentiality of information. A. The Department of Mental Health and Substance Abuse Services is authorized and directed to establish the Office of Consumer Advocacy within the Department of Mental Health and Substance Abuse Services and to employ such personnel as may be necessary to carry out the purposes of this section. The Office of Consumer Advocacy shall have access to facilities operated by, subject to certification by or under contract with the Department and the records of such facilities, including but not limited to, records of individuals receiving services. Records that are confidential under state and federal law shall be maintained as confidential and not be redisclosed. B. The Advocate General and the staff of the Office of Consumer Advocacy shall not act as attorneys on behalf of individuals receiving services from facilities operated by, subject to certification by or under contract with the Department, except that they shall have the authority to file habeas corpus actions on behalf of such individuals and appear on their behalf in civil commitment and criminal post-commitment proceedings, and also appear on behalf of Department consumers in proceedings for writs of mandamus. C. Except as otherwise specifically provided in this section and as otherwise provided by state or federal laws, the information, records, materials and reports related to investigations by the Office of Consumer Advocacy are confidential and contain privileged information. Accordingly, such records, materials and reports shall not be open to public inspection nor their contents disclosed, nor shall a subpoena or subpoena duces tecum purporting to compel disclosure of such information be valid. An order of the court authorizing the inspection, release or disclosure of information, records, materials and reports related to investigations by the Office of Consumer Advocacy shall be entered by a court only after a review of the records and a determination, with due regard for the confidentiality of the information and records and the privilege of the persons identified in the records, that a compelling reason exists, any applicable privilege has been waived and such inspection, release or disclosure is necessary for the protection of a legitimate public or private interest.

Legislative History

Added by Laws 2002, c. 488, § 8, eff. Nov. 1, 2002. Amended by Laws 2004, c. 113, § 6, eff. Nov. 1, 2004; Laws 2005, c. 195, § 7, eff. Nov. 1, 2005; Laws 2010, c. 287, § 7, eff. Nov. 1, 2010.