All information and records obtained in the course of providing service to either voluntary or involuntary recipients of services shall be confidential. Information and records may be disclosed only:

(a) In communications between qualified mental health professionals in the provision of services or appropriate referrals, or in the course of conservatorship proceedings;

(b) When the qualified mental health professional staff in charge of the patient, with the approval of the patient or his attorney, conservator or guardian, designates persons to whom information or records may be released, except that nothing in this Chapter shall be construed to compel a physician, psychologist, social worker, nurse, attorney, or other professional person to reveal information which has been given to him in confidence by members of the patient’s family. No record may be released under this subsection after ten (10) years have elapsed since the record was made;

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10 Guam Code Ann. HEALTH AND SAFETY
CH. 82 MENTALLY ILL PERSONS

(c) To the extent necessary to make claims on behalf of a recipient for services for aid, insurance, or medical assistance to which he may be entitled;

(d) If the recipient of services is a ward or conservatee, and his guardian or conservator designates, in writing, persons to whom records or information may be disclosed, except that nothing in this Chapter shall be construed to compel a qualified mental health professional, psychologist, social worker, nurse or attorney, to reveal information which has been given him in confidence by members of a patient’s family.

(e) For research, provided that the Attorney General provides by regulation, rules for the conduct of research. Such rules shall include, but need not be limited to, the requirement that all researchers must sign an oath of confidentiality as follows:

Date:

As a condition of doing research concerning persons
who have received services from
the facility, agency or person) I
(fill in
agree not to divulge any information obtained in the course of such research to unauthorized persons, and not to publish or otherwise make public any information regarding persons who have received services such that the person who received services is identifiable.

I realize that the unauthorized release of confidential information may make me subject to a civil action under the provisions of Title VI of the Code of Civil Procedure.

Signed:

(f) To the courts, as necessary to the administration of justice.

SOURCE: Repealed and reenacted by P.L. 19-016:1 (Apr. 11, 1988).