§ 25-5-131 — Confidentiality of records; exceptions; penalties for violations

(a) All records of clients, former clients and proposed
clients of the center are confidential except as provided by
subsection (b) of this section, when disclosure is required by
state or federal law or when disclosure is necessary to prevent
imminent risk of harm to the person who is the subject of the
records or others.
(b) The administrator may provide access to the records of
a client, former client or proposed client by:
(i) The person who is the subject of the records or
his guardian, guardian ad litem or attorney;
(ii) The physician or surgeon for the person who is
the subject of the records;
(iii) A person authorized by the person who is the
subject of the records, or by his parent or guardian if he is a
minor or ward, to evaluate the person's eligibility for
admission to the center for residential services or to determine
whether his residence is the most appropriate and therapeutic
environment for the person;
(iv) A court, upon a showing that access to the
records is necessary for the determination of an issue before
it. Access under this paragraph is limited to an in camera
inspection unless the court finds public disclosure is
necessary;
(v) Qualified employees of the department and the
center and professional persons while in the performance of
their official duties;
(vi) A person as required by law, including the
Health Insurance Portability and Accountability Act and the
Medicaid program.
(c) Repealed By Laws 2008, Ch. 85, § 2.