Ala. Admin. Code r. 580-1-1-.10

Current through Register Vol. 43, No. 1, October 31, 2024

Section 580-1-1-.10 - Availability Of Forms And Records

(1) Any form or publication used by the Department of Mental Health and Mental Retardation during the course of its operation and dealings with the public may be obtained by contacting the office of the Commissioner of Mental Health, 100 N. Union Street, Montgomery, AL 36130-1410.

(2) Availability of Records. No employee of any of the facilities under the management, control, supervision or affiliated with the Alabama Mental Health and Mental Retardation Department shall be required to disclose any record, report, case history, memorandum or other information, oral or written, which may have been acquired, made or compiled in attending or treating any patient of said facilities in a professional character, when such information was necessary in order to evaluate or treat said patient or to do any act for him in a professional capacity, unless a court of competent jurisdiction shall order disclosure for the promotion of justice; provided, that where a person is a defendant in a criminal case and a mental examination of such defendant has been ordered by the court, the results or the report of such mental examination shall be forwarded to the clerk of said court and to the district attorney and to the attorney of record for the defendant.

(3) Applicable federal regulations limit disclosure of treatment records.

(4) Other records not subject to disclosure include:

(a) pending criminal investigations

(b) sensitive personnel records

(c) recorded information received in confidence by a public official or any individual

(5) Records of the Department that are not limited in their disclosure by statute or as set forth above are available in the office of the Alabama Department of Mental Health and Mental Retardation located at 100 N. Union Street, Montgomery, AL 36130-1410.

Author: Division of Mental Retardation, DMR/MR

Ala. Admin. Code r. 580-1-1-.10

Filed September 5, 1984. Repealed and Replaced: Filed November 5, 1992.

Statutory Authority:Code Of Ala. 1975, § 22-50-62.