§10805. System requirements — Inbound Citations
42 U.S.C. § 10805
Cited by 5 provisions in release 119-102.
Citations to 42 U.S.C. § 10805 as a whole
-
(1) which meet the requirements of section 10805 of this title; and
Citations to §10805(a)(4)
-
(a) An eligible system which, pursuant to section 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 confidentiality of such records to the same extent as is required of the provider of such services.
-
(1) Except as provided in paragraph (2), an eligible system which has access to records pursuant 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 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.
-
(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 and this section, section 10805(a)(4) of this title 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.
Citations to §10805(a)(7)
-
(b) In preparing each statement required by subsection (a), the Secretary shall use and include information submitted to the Secretary in the reports required under section 10805(a)(7) of this title.