(c)The content of any record referred to in subsection
(b)of this section may be disclosed in accordance with the
prior written consent of the licensee with respect to whom the
record is maintained.
(d)Whether or not the licensee gives his written consent,
the content of the record may be disclosed as follows:
(i)To medical personnel to the extent necessary to
meet a bona fide medical emergency;
(ii)For the purpose of conducting research or
program evaluations, provided that the record may not identify
any individual in the program;
(iii)As required to report under state law incidents
of suspected child abuse or neglect to the appropriate
authorities;
(iv)If authorized by an appropriate order of a court
of competent jurisdiction granted after application showing good
cause therefore
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(c) The content of any record referred to in subsection
(b) of this section may be disclosed in accordance with the
prior written consent of the licensee with respect to whom the
record is maintained.
(d) Whether or not the licensee gives his written consent,
the content of the record may be disclosed as follows:
(i) To medical personnel to the extent necessary to
meet a bona fide medical emergency;
(ii) For the purpose of conducting research or
program evaluations, provided that the record may not identify
any individual in the program;
(iii) As required to report under state law incidents
of suspected child abuse or neglect to the appropriate
authorities;
(iv) If authorized by an appropriate order of a court
of competent jurisdiction granted after application showing good
cause therefore;
(v) If compelled in an administrative action before a
board or commission to enforce its laws, rules, regulations or
permit or license requirements, unless the disclosure would
violate federal law; or
(vi) To the state board or commission regulating the
licensee, if the diagnosis or prognosis determines a clearly
definable mental or behavioral health problem or drug or alcohol
abuse problem and the licensee refuses to seek treatment.
(e) A court order under this section may authorize
disclosure of confidential information only with notice to the
professional assistance program and, after an opportunity for
response and an in camera review if necessary, the court finds:
(i) The disclosure is necessary to protect against an
existing threat to life or of serious bodily injury;
(ii) The disclosure is necessary in connection with
investigation or prosecution of an extremely serious crime such
as one which directly threatens loss of life or serious bodily
injury; or
(iii) The disclosure is in connection with litigation
or an administrative proceeding in which the patient offers
testimony or other evidence pertaining to the content of the
confidential communications.
(f) Except as provided in this section, referrals to a
professional assistance program shall be absolutely privileged
and no lawsuit predicated thereon may be instituted. The
program, its board members, employees and agents shall be immune
from suit for conduct within the scope of their functions
without malice and in the reasonable belief that their actions
were warranted, including conduct and actions performed by the
terms of a contract with a state board or commission.
(g) The department of health shall provide assistance to
any certifying, permitting or licensure board that desires to
establish professional assistance programs as defined under this
section.
Wyoming § 21-2-801 ((b) Any information pertaining to the identity, diagnosis,
prognosis, referral or treatment of any licensee possessed in
connection with the performance of any professional assistance
program shall be confidential and shall not be disclosed except
under the circumstances expressly authorized by subsections (c)
and (d) of this section) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.