sasquatch77...
Having worked in the mental health system for 20+ years,
in several states, I can provide you with generalities which
will likely speak for the policies of most states, and I can
certainly tell you more than is available through searches
of the internet, but realize that individual states may enact
laws which differ from each other.
One example of a state law which alters things is a law
in the state of Texas which allows the subject of the
records, after discharge from mental health services, to
initiate a court order for the destruction of the records,
as documented on this page of the Texas state website:
http://www.capitol.state.tx.us/tlo/75R/billtext/HB01308I.HTM
In general, records are kept indefinitely, as long as a person
is enrolled in services. Once they are discharged, the records
are kept for 7 years, in accordance with the statute of
limitations for legal issues. This may vary from state to state,
and organization to organization, but it's safe to say that
the majority will keep them no less than 7 years and no longer
than 10 years. This would apply whether they are living or
deceased. In the case of minors, records are more likely to
be kept for 10 years.
Most organizations utilize a third party storage provider to
store the records, which are numerous and take up considerable
space. Also, if the organization changes ownership or loses
its contract with the state, the records remain centrally
located, and independent of these changes.
Medical records, including mental health records, consist of
two aspects. The physical property of the record remains the
property of the practitioner, hospital, or other organization
which creates and maintains it. The information contained
within it legally belongs to the subject of the record.
Therefore, no one can access the records without first, the
agreement of the organization which maintains it and second,
the subject of the records.
Therefore, even the subject of the records can be denied access,
while the client is still receiving therapy, if the psychiatrist
deems it counterproductive for the client to have access. Certain
portions may be made accessible while others are withheld.
Once the client has been discharged from services, however s/he
would have unlimited access. Even then, of course, there would
be a service charge for copies of the record, which itself
remains the property of the organization. $25 for twenty pages
and $.15 per page thereafter would be typical costs.
Records are typically made available within a 15 day timeframe.
As for those other than the client, family and legal access are
the usual interests. Family is normally given consideration,
but the information technically belongs to the client and cannot
be released, even to family, without an authorized release form
documenting the consent of the client. The form would include
the following:
- The name of the provider from whom the information is being
released
- The nature of the information authorized for disclosure
- The person(s) to whom the information is to be disclosed
- The purpose for disclosure at the time of its release
- Signature and date when signed by the client in writing
- Signature of a witness, if possible (usually a case manager)
While the client is still in treatment, the supervising
psychiatrist may also limit the information released to
family, based on it being potentially counterproductive.
Access by the legal system requires, in every case, a court order
to obtain the information.
Once the client is deceased, these policies are still applicable,
though a request by family members obviously no longer requires
the client's permission. Access then becomes the purview of the
organization, and is not typically denied.
Access by those with no familial relation or legal interest
is less likely to occur, but this decision would ultimately
rest in the hands of the organization which maintains the
records. It is possible that they might allow access for
journalistic purposes or statistical analysis, but would
not likely do so if the client's anonymity is not preserved.
More casual inquiries would not likely succeed in obtaining
access.
Please do not rate this answer until you are satisfied that
the answer cannot be improved upon by way of a dialog
established through the "Request for Clarification" process.
A user's guide on this topic is on skermit-ga's site, here:
http://www.christopherwu.net/google_answers/answer_guide.html#how_clarify
sublime1-ga
Additional information can be gleaned from an exploration of
the links resulting from the Google searches, outlined below
(especially the second one).
Searches done, via Google:
"mental patient" "record storage"
://www.google.com/search?q=%22mental+patient%22+%22record+storage%22
"7 years" "statute of limitations" "medical records"
://www.google.com/search?q=%227+years%22+%22statute+of+limitations%22+%22medical+records%22 |
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