(a)  Notwithstanding § 40.1-5-26 and § 40.1-5-27, a mental health professional providing care and treatment to an adult person with a psychiatric disability as defined in § 40.1-5-2(12) may provide certain information to a family member or other person if this family member or other person lives with and provides direct care to the psychiatrically disabled person, and without such direct care there would be significant deterioration in the psychiatrically disabled person’s daily functioning, and such disclosure would directly assist in the care of the psychiatrically disabled person. Disclosure can be made only at the written request of the family member or person living with the psychiatrically disabled person.

Terms Used In Rhode Island General Laws 40.1-5-27.1

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Care and treatment: means psychiatric care, together with such medical, nursing, psychological, social, rehabilitative, and maintenance services as may be required by a patient in association with the psychiatric care provided pursuant to an individualized treatment plan recorded in the patient's medical record. See Rhode Island General Laws 40.1-5-2
  • Department: means the state department of behavioral healthcare, developmental disabilities and hospitals. See Rhode Island General Laws 40.1-5-2
  • Facility: means any public or private hospital licensed by the Rhode Island department of health that maintains staff and facilities, including inpatient units, for the care and treatment of persons with psychiatric illness, psychiatric disorders, and/or psychiatric disabilities; and in order to operate pursuant to the Mental Health Act as codified in this chapter, such facility and/or inpatient unit must be approved by the director of the department of behavioral healthcare, developmental disabilities and hospitals upon application of such facility and/or inpatient unit, and any of the several community mental health services established pursuant to chapter 8. See Rhode Island General Laws 40.1-5-2
  • in writing: include printing, engraving, lithographing, and photo-lithographing, and all other representations of words in letters of the usual form. See Rhode Island General Laws 43-3-16
  • Mental health professional: means a psychiatrist, psychologist, or social worker and such other persons, including psychiatric nurse clinicians, as may be defined by rules and regulations promulgated by the director. See Rhode Island General Laws 40.1-5-2
  • person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6
  • Psychiatric disability: means a mental disorder in which the capacity of a person to exercise self-control or judgment in the conduct of the person's affairs and social relations, or to care for the person's own personal needs, is significantly impaired. See Rhode Island General Laws 40.1-5-2

(b)  Prior to the disclosure, the psychiatrically disabled person shall be informed, in writing, of the request, the name of the person requesting the information, the reason for the request, and the specific information being provided. Prior to disclosure, the psychiatrically disabled person shall be provided the opportunity to give or withhold consent. If the psychiatrically disabled person withholds consent, the information shall not be disclosed and the family member or other person shall be provided the opportunity to appeal. Disclosures shall be limited to information regarding diagnosis, admission to or discharge from a treatment facility, the name of the medication prescribed, and side effects of prescribed medication.

(c)  On or before April 1, 1993, the department of behavioral healthcare, developmental disabilities and hospitals shall promulgate rules and regulations to further define and interpret the provisions of this section. In the development of these rules and regulations, the department shall work with an advisory committee composed, at a minimum, of proportionate representation from the following: the Coalition of Consumer Self Advocates, the Alliance for the Mentally Ill, the Mental Health Association of Rhode Island, the Council of Community Mental Health Centers, the mental health advocate, and Rhode Island Protection and Advocacy Services. Rules and regulations by the department shall include the provision of an appeals process, that would serve to protect the rights of psychiatrically disabled persons under the law.

History of Section.
P.L. 1992, ch. 256, § 1; P.L. 2022, ch. 231, art. 11, § 7, effective June 27, 2022.