5123.89 Confidentiality.
5123.89 Confidentiality.
(A) All certificates, applications, records, and reports made for the purpose of this chapter, other than court journal entries or court docket entries, which directly or indirectly identify a resident or former resident of an institution for the mentally retarded or person whose institutionalization has been sought under this chapter shall be kept confidential and shall not be disclosed by any person except in the following situations:
(1) It is the judgment of the court for judicial records, and the managing officer for institution records, that disclosure is in the best interest of the person identified, and that person or that person’s guardian or, if that person is a minor, that person’s parent or guardian consents.
(2) Disclosure is provided for in other sections of this chapter.
(3) It is the judgment of the managing officer for institution records that disclosure to a mental health facility is in the best interest of the person identified.
(B) The department of developmental disabilities shall adopt rules with respect to the systematic and periodic destruction of residents’ records.
(C)(1) As used in this division, “family” means a parent, brother, sister, spouse, son, daughter, grandparent, aunt, uncle, or cousin.
(2) Upon the death of a resident or former resident of an institution for the mentally retarded or a person whose institutionalization was sought under this chapter, the managing officer of an institution shall provide access to the certificates, applications, records, and reports made for the purposes of this chapter to the resident’s, former resident’s, or person’s guardian if the guardian makes a written request. If a deceased resident, former resident, or person whose institutionalization was sought under this chapter did not have a guardian at the time of death, the managing officer shall provide access to the certificates, applications, records, and reports made for purposes of this chapter to a member of the person’s family, upon that family member’s written request.
(D) No person shall reveal the contents of a record of a resident except as authorized by this chapter.
Amended by 128th General Assembly ch. 7, SB 79, § 1, eff. 10/6/2009.
Effective Date: 09-22-2000