Current through codified legislation effective October 30, 2024
Section 7-1203.03 - Disclosures on an emergency basis(a) To the extent the disclosure of mental health information is not otherwise authorized by this chapter, mental health information may be disclosed, on an emergency basis, to one or more of the following if the mental health professional reasonably believes that such disclosure is necessary to initiate or seek emergency hospitalization of the client under § 21-521 or to otherwise protect the client or another individual from a substantial risk of imminent and serious physical injury: (1) The client's spouse, parent, or legal guardian;(2) A duly accredited officer or agent of the District of Columbia in charge of public health;(3) The Department of Mental Health;(4) A provider as that term is defined in § 7-1131.02(27);(5) The District of Columbia Pretrial Services Agency;(6) The Court Services and Offender Supervision Agency;(7) A court exercising jurisdiction over the client as a result of a pending criminal proceeding;(8) Emergency medical personnel;(9) An officer authorized to make arrests in the District of Columbia; or(a-1) Any disclosure of mental health information under this section shall be limited to the minimum necessary to initiate or seek emergency hospitalization of the client under § 21-521 or to otherwise protect the client or another individual from a substantial risk of imminent and serious physical injury.(b) Mental health information disclosed to the Metropolitan Police Department pursuant to this section shall be maintained separately and shall not be made a part of any permanent police record. Such mental health information shall not be further disclosed except as a court-related disclosure pursuant to subchapter IV of this chapter. If no judicial action relating to the disclosure under this section is pending at the expiration of the statute of limitations governing the nature of the judicial action, the mental health information shall be destroyed. If a judicial action relating to the disclosure under this section is pending at the expiration of the statute of limitations, the mental health information shall be destroyed at the termination of the judicial action.(c) Mental health information contained in a certification of incapacity, pursuant to § 21-2204, may be disclosed to initiate a proceeding pursuant to Chapter 20 of Title 21.Mar. 3, 1979, D.C. Law 2-136, § 303, 25 DCR 5055; Dec. 18, 2001, D.C. Law 14-56, § 116(f)(5), 48 DCR 7674; Oct. 22, 2008, D.C. Law 17-249, § 4, 55 DCR 9206; Dec. 10, 2009, D.C. Law 18-88, § 204(b), 56 DCR 7413.