632.392. Release of patient involuntarily detained, duties of department--educational materials--disclosure of confidential information--"care provider" defined.
Release of patient involuntarily detained, duties ofdepartment--educational materials--disclosure of confidentialinformation--"care provider" defined.
632.392. 1. Notwithstanding the provisions of subsection 1 ofsection 630.140, RSMo, a mental health program and any treating physician,upon release of a patient who was committed or who is civilly detained andconsents to voluntary treatment during the course of the inpatient staypursuant to section 632.150, 632.155, 632.300, 632.305, 632.330, 632.335,632.340, 632.350, 632.355 or 632.375:
(1) Shall provide to the patient and his care provider a writtenpacket of educational information developed and supplied by the departmentof mental health describing symptoms of common mental illnesses, earlywarning signs of decompensation, and availability of other education,community and statewide services. The packet shall also include thetelephone number of the department of mental health information line andinformation specific to the laws and procedures addressing civil detentionand guardianship;
(2) May disclose confidential treatment information to the primarycare provider or care providers, when such information is medicallynecessary for the provision of appropriate health care or treatment by thecare provider or is related to the safety of the patient or care provider.
2. Prior to disclosure of the information specified under subdivision(2) of subsection 1 of this section, the mental health facility shallprovide written notice to the patient; request in writing the consent ofthe patient; work with the patient and care provider to encourage andsecure appropriate patient authorization; function as a mediator,negotiating the boundaries of confidentiality to meet the needs of theclient and care provider; and work with the client to stress the importanceof keeping the care provider informed and involved with his treatmentprocess. If the patient refuses to consent and the treating physiciandeems the information is medically necessary for the appropriate provisionof health care or treatment by the care provider or is related to thesafety of the patient or care provider, the information may still bereleased to the appropriate care provider. The reason for the intendeddisclosure, the specific information to be released and the persons to whomthe disclosure is to be made, even if consent has not been obtained, willbe provided to the client and care provider. All these procedures shall bedocumented by the treating physician in the client record, including aspecific notation as to whether client consent was given.
3. As used in this section, the term "care provider" means the personor persons who can demonstrate that they are primarily responsible for thehealth care of the person with a mental illness. The term does not applyto any person providing care through hospitals, nursing homes, group homesor any other such facility.
(L. 1996 S.B. 884 & 841)