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SENATE BILL NO. 1314

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Daily Data Tracking History

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S1314.................................................by HEALTH AND WELFARE
MENTALLY ILL - Amends existing law to provide additional conditions
relating to disclosure of information concerning the treatment of persons
involuntarily committed to hospitalization for treatment of the mentally
ill.

01/21    Senate intro - 1st rdg - to printing
01/22    Rpt prt - to Health/Wel
01/29    Rpt out - rec d/p - to 2nd rdg
01/30    2nd rdg - to 3rd rdg
02/02    3rd rdg - PASSED - 35-0-0
      AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
      Crow, Danielson, Darrington, Deide, Dunklin, Frasure, Geddes, Hansen,
      Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh, Parry,
      Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stennett,
      Sweeney, Thorne, Twiggs, Wheeler, Whitworth
      NAYS--None
      Absent and excused--None
    Floor Sponsor - King
    Title apvd - to House
02/03    House intro - 1st rdg - to Health/Wel
03/09    Rpt out - rec d/p - to 2nd rdg
03/10    2nd rdg - to 3rd rdg
03/12    3rd rdg - PASSED - 62-0-8
      AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Bivens,
      Black(15), Black(23), Boe, Bruneel, Callister, Campbell, Chase,
      Clark, Crane, Cuddy, Deal, Denney, Field(13), Field(20), Gagner,
      Gould, Hadley, Hansen, Henbest, Hornbeck, Jaquet, Jones(22),
      Jones(20), Judd, Kellogg, Kempton, Kendell, Kjellander, Kunz, Lake,
      Linford, Loertscher, Mader, Marley, McKague, Meyer, Miller,
      Mortensen, Newcomb, Pomeroy, Reynolds, Richman, Ridinger, Robison,
      Sali, Schaefer, Stevenson, Stoicheff, Stone, Tilman, Tippets, Trail,
      Watson, Wheeler, Wood, Zimmermann
      NAYS -- None
      Absent and excused -- Crow, Ellsworth, Geddes, Jones(9), Pischner,
      Stubbs, Taylor, Mr Speaker
    Floor Sponsor - Loertscher
    Title apvd - to Senate
03/13    To enrol
03/16    Rpt enrol - Pres signed
03/16    Sp signed
03/17    To Governor
03/18    Governor signed
         Session Law Chapter 77
         Effective: 07/01/98

Bill Text

S1314


                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fourth Legislature                 Second Regular Session - 1998
                                                                        

                                      IN THE SENATE

                                   SENATE BILL NO. 1314

                             BY HEALTH AND WELFARE COMMITTEE

 1                                        AN ACT
 2    RELATING TO DISCLOSURE OF INFORMATION; AMENDING SECTION 66-348, IDAHO CODE, TO
 3        PROVIDE ADDITIONAL CONDITIONS FOR  DISCLOSURE  OF  INFORMATION  CONCERNING
 4        PERSONS INVOLUNTARILY COMMITTED TO HOSPITALIZATION FOR THE MENTALLY ILL.

 5    Be It Enacted by the Legislature of the State of Idaho:

 6        SECTION  1.  That  Section  66-348, Idaho Code, be, and the same is hereby
 7    amended to read as follows:

 8        66-348.  DISCLOSURE OF INFORMATION.   (a)    All  certificates,
 9    applications,  records,  and  reports  made  for  the  purpose of this act and
10    directly or indirectly identifying a patient or former patient or an  individ-
11    ual  whose   involuntary assessment, detention or  commitment 
12    has been   is being  sought under this act shall be kept sub-
13    ject to disclosure according to chapter 3, title 9, Idaho Code ; provided
14    that such records may also be disclosed to any person:
15        (1)  If the individual identified, his attorney in fact for mental  health
16    care, or his legal guardian, if any, shall consent; or
17        (2)  If  disclosure may be necessary to carry out any of the provisions of
18    this act; or
19        (3)  If a court directs upon its determination that disclosure  is  neces-
20    sary  and  that  failure  to  make  disclosure would be contrary to the public
21    interest .

Statement of Purpose / Fiscal Impact

    





                            STATEMENT OF PURPOSE
    
                                   RS07464
    
    Current statutes limit the dissemination of clinical 
    information to what may be shared under the exceptions to the 
    Public Records Act. When this section was incorporated into the 
    Public Records Act, the ability to share information for 
    treatment and public safety matters was lost. This amendment 
    will restore the necessary access of clinical information that 
    originally was in the statute and still conforms to the 
    requirements of good practice and integrity of the clinical 
    information regarding a mental health consumer's record.
    
                                FISCAL IMPACT
    
    None.
    
    CONTACT
    Name: Roseanne Hardin
    Agency: Family & Community Services, Dept. of Health & Welfare
    Phone: 334-5630
    Statement of Purpose/Fiscal Impact
    
    S 1314