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42 U.S.C. § 10806 — Access to records
Federal law — U.S. Code and appendices · legal_authorities
**(a)** An eligible system which, pursuant to [section 10805(a)(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10805/a/4&num=0&edition=prelim), has access to records which, under Federal or State law, are required to be maintained in a confidential manner by a provider of mental health services, shall, except as provided in subsection (b), maintain the confidentiality of such records to the same extent as is required of the provider of such services.
**(b)**
(1) Except as provided in paragraph (2), an eligible system which has access to records pursuant to [section 10805(a)(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10805/a/4&num=0&edition=prelim) may not disclose information from such records to the individual who is the subject of the information if the mental health professional responsible for supervising the provision of mental health services to such individual has provided the system with a written determination that disclosure of such information to such individual would be detrimental to such individual’s health.
(2)
(A) If disclosure of information has been denied under paragraph (1) to an individual—
(i) such individual;
(ii) the legal guardian, conservator, or other legal representative of such individual; or
(iii) an eligible system, acting on behalf of an individual described in subparagraph (B),
may select another mental health professional to review such information and to determine if disclosure of such information would be detrimental to such individual’s health. If such mental health professional determines, based on professional judgment, that disclosure of such information would not be detrimental to the health of such individua
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Stable record: federal_law:legal_authorities:record_usc_b6f02e0cef7da827ae8cd48e
Source file: Laws/federal/codes/united-states-code/title-42/section-10806-access-to-records--9f686772b2.md
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Source location: Title 42, Chapter 114, § 10806; chapter-114-protection-and-advocacy-for-individuals-with-mental-illness.md
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**(a)** An eligible system which, pursuant to [section 10805(a)(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10805/a/4&num=0&edition=prelim), has access to records which, under Federal or State law, are required to be maintained in a confidential manner by a provider of mental health services, shall, except as provided in subsection (b), maintain the confidentiality of such records to the same extent as is required of the provider of such services.
**(b)**
(1) Except as provided in paragraph (2), an eligible system which has access to records pursuant to [section 10805(a)(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10805/a/4&num=0&edition=prelim) may not disclose information from such records to the individual who is the subject of the information if the mental health professional responsible for supervising the provision of mental health services to such individual has provided the system with a written determination that disclosure of such information to such individual would be detrimental to such individual’s health.
(2)
(A) If disclosure of information has been denied under paragraph (1) to an individual—
(i) such individual;
(ii) the legal guardian, conservator, or other legal representative of such individual; or
(iii) an eligible system, acting on behalf of an individual described in subparagraph (B),
may select another mental health professional to review such information and to determine if disclosure of such information would be detrimental to such individual’s health. If such mental health professional determines, based on professional judgment, that disclosure of such information would not be detrimental to the health of such individual, the system may disclose such information to such individual.
(B) An eligible system may select a mental health professional under subparagraph (A)(iii) on behalf of—
(i) an individual whose legal guardian is the State; or
(ii) an individual who has a legal guardian, conservator, or other legal representative other than the State if such guardian, conservator, or representative does not, within a reasonable time after such individual is denied access to information under paragraph (1), select a mental health professional under subparagraph (A) to review such information.
(C) If the laws of a State prohibit an eligible system from obtaining access to the records of individuals with mental illness in accordance with [section 10805(a)(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10805/a/4&num=0&edition=prelim) and this section, [section 10805(a)(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10805/a/4&num=0&edition=prelim) and this section shall not apply to such system before—
(i) the date such system is no longer subject to such a prohibition; or
(ii) the expiration of the 2-year period beginning on May 23, 1986,
whichever occurs first.
(3)
(A) As used in this section, the term “records” includes reports prepared by any staff of a facility rendering care and treatment or reports prepared by an agency charged with investigating reports of incidents of abuse, neglect, and injury occurring at such facility that describe incidents of abuse, neglect, and injury occurring at such facility and the steps taken to investigate such incidents, and discharge planning records.
(B) An eligible system shall have access to the type of records described in subparagraph (A) in accordance with the provisions of subsection (a) and paragraphs (1) and (2) of subsection (b).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority; independent status; access to facilities and records; advisory council; annual report; grievance procedure** A system established in a State under [section 10803 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10803&num=0&edition=prelim) to protect and advocate the rights of individuals with mental illness shall—
(1) have the authority to—
(A) investigate incidents of abuse and neglect of individuals with mental illness if the incidents are reported to the system or if there is probable cause to believe that the incidents occurred;
(B) pursue administrative, legal, and other appropriate remedies to ensure the protection of individuals with mental illness who are receiving care or treatment in the State; and
(C) pursue administrative, legal, and other remedies on behalf of an individual who—
(i) was a 11 So in original. Probably should be “an”. individual with mental illness; and
(ii) is a resident of the State,
but only with respect to matters which occur within 90 days after the date of the discharge of such individual from a facility providing care or treatment;
(2) be independent of any agency in the State which provides treatment or services (other than advocacy services) to individuals with mental illness;
(3) have access to facilities in the State providing care or treatment;
(4) in accordance with [section 10806 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10806&num=0&edition=prelim), have access to all records of—
(A) any individual who is a client of the system if such individual, or the legal guardian, conservator, or other legal representative of such individual, has authorized the system to have such access;
(B) any indiv
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 10805
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Federal law — U.S. Code and appendices · legal_authorities
Page 8087
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 10821
1 So in original. Probably should be ‘‘an’’.
obligations incurred after Apr. 30, 1997, for items and
services provided on or after such date, subject to also
being applicable with respect to contracts entered into,
renewed, or extended after Apr. 30, 1997, as well as con-
tracts entered into before Apr. 30, 1997, to the extent
permitted under such contracts, see section 11 of Pub.
L. 105–12, set out as an Effective Date note under sec-
tion 14401 of this title.
§ 10806. Access to records
(a) An eligible system which, pursuant to sec-
tion 10805(a)(4) of this title, has access to records
which, under Federal or State law, are required
to be maintained in a confidential manner by a
provider of mental health services, shall, except
as provided in subsection (b), maintain the con-
fidentiality of such records to the same extent
as is required of the provider of such services.
(b)(1) Except as provided in paragraph (2), an
eligible system which has access to records pur-
suant to section 10805(a)(4) of this title may not
disclose information from such records to the
individual who is the subject of the information
if the mental health professional responsible for
supervising the provision of mental health serv-
ices to such individual has provided the system
with a written determination that disclosure of
such information to such individual would be
detrimental to such individual’s health.
(2)(A) If disclosure of information has been de-
nied under paragraph (1) to an individual—
(i) such individual;
(ii) the legal guardian, conservator, or other
legal representative of such individual; or
(iii) an eligible system, acting on behalf of
an individual described in subparagraph (B),
may select an
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 10806
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.