Page:United States Statutes at Large Volume 106 Part 1.djvu/401

 PUBLIC LAW 102-321—JULY 10, 1992 106 STAT. 369 "(1) CONSENT.— The content of any record referred to in subsection (a) may be disclosed in accordance with the prior written consent of the patient with respect to whom such record is maintained, but only to such extent, under such circumstances, and for such purposes as may be allowed under regulations prescribed pursuant to subsection (g). "(2) METHOD FOR DISCLOSURE. —-Whether or not the patient, with respect to whom any given record referred to in subsection (a) is maintained, gives written consent, the content of such record may be disclosed as follows: "(A) To medical personnel to the extent necessary to meet a bona fide medical emergency. "(B) To qualified personnel for the purpose of conducting scientific research, management audits, financial audits, or program evaluation, but such personnel may not identify, directly or indirectly, any individual patient in any report of such research, audit, or evaluation, or otherwise disclose patient identities in any manner. "(C) If authorized by an appropriate order of a court of competent jurisdiction granted after application showing good cause therefor, including the need to avert a substantisQ risk of death or serious bodily harm. In assessing good cause the court shall weigh the public interest and the need for disclosure against the injury to the patient, to the physician-patient relationship, and to the treatment services. Upon the granting of such order, the court, in determining the extent to which any disclosure of all or any part of any record is necessary, shall impose appropriate safeguards against unauthorized disclosure. "(c) USE OF RECORDS IN CRIMINAL PROCEEDINGS. — Except as authorized by a court order granted under subsection (b)(2)(C), no record referred to in subsection (a) may be used to initiate or substantiate any criminal charges against a patient or to conduct any investigation of a patient. "(d) APPLICATION.—The prohibitions of this section continue to apply to records concerning any individusQ who has been a patient, irrespective of whether or when such individual ceases to be a patient. "(e) NONAPPLICABILITY. —The prohibitions of this section do not apply to any interchange of records— "(1) within the Armed Forces or within those components of the Department of Veterans Affairs furnishing health care to veterans; or "(2) between such components and the Armed Forces. The prohibitions of this section do not apply to the reporting under State law of incidents of suspected child abuse and neglect to the appropriate State or local authorities. "(f) PENALTIES.— Aay person who violates any provision of this section or any regulation issued pursuant to this section shall be fined in accordance with title 18, United States Code. " (g) REGULATIONS.— Except as provided in subsection (h), the Secretary shall prescribe regulations to csirry out the purposes of this section. Such regulations may contain such definitions, and may provide for such safeguards and procedures, including procedures and criteria for the issuance and scope of orders under subsection (b)(2)(C), as in the judgment of the Secretary are necessary or proper to effectuate the purposes of this section, to prevent

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