Title 7 — Human Health Care and Safety.

(a) When a client is 18 years of age or over, the client or client representative shall have the power to authorize disclosures. (b) When a client is under the age of 18, but beyond the age of 14, disclosures which require authorization may only be authorized by the joint written…

(a) The mental health professional primarily responsible for the diagnosis or treatment of a client may refuse to disclose or limit disclosure of the client’s mental health information even though such mental health information is disclosable by virtue of a valid authorization; p…

(a) A mental health professional or mental health facility may disclose to a 3rd-party payor mental health information necessary to determine the client’s entitlement to, or the amount of, payment benefits for professional services rendered; provided, that the disclosure is pursu…

(a) Mental health information may be disclosed to other individuals employed at the individual mental health facility when and to the extent necessary to facilitate the delivery of professional services to the client. (b) Subject to subsection (c) of this section, a health care p…

Mental health information may be disclosed by a mental health professional or mental health facility where necessary and, to the extent necessary: (1) To meet the requirements of § 21-586 (concerning financial responsibility for the care of hospitalized persons); (2) To meet the …

(a) To the extent the disclosure of mental health information is not otherwise authorized by this chapter, mental health information may be disclosed, on an emergency basis, to one or more of the following if the mental health professional reasonably believes that such disclosure…

(a) A mental health professional or mental health facility may disclose the administrative information necessary for the collection of his or its fee from the client to a person authorized by the mental health professional or mental health facility for the collection of a fee fro…

In addition to the disclosures authorized pursuant to Chapter 2A of this title [§ 7-251 et seq.], a mental health professional or mental health facility may disclose mental health information to qualified personnel, if necessary, for the purpose of conducting scientific research …

(a) A mental health professional or mental health facility may disclose to a correctional institution or a law enforcement official having lawful custody of an individual mental health information about the individual to facilitate the delivery of mental health services and menta…

Mental health information disclosed pursuant to this subchapter shall not be redisclosed except as specifically authorized by subchapter II, III or IV of this chapter or for the purposes of and in accordance with Chapter 2A of this title [§ 7-251 et seq.].

Except as provided elsewhere by law, mental health information acquired by a mental health professional pursuant to a court-ordered examination may be disclosed in a manner provided by rules of court or by order of the court.

Mental health information may be disclosed by a mental health professional when and to the extent necessary to initiate or seek civil commitment proceedings under § 21-541.

(a) Mental health information may be disclosed in a civil or administrative proceeding in which the client or the client representative or, in the case of a deceased client, any party claiming or defending through or a beneficiary of the client, initiates his mental or emotional …

Redisclosure of any mental health information disclosed pursuant to this subchapter shall be governed by order of the court or, if no order is issued, by the rules of the Superior Court of the District of Columbia.

A client, client representative or any other party in a civil, criminal or administrative action, in which mental health information has been or will be disclosed, shall have the right to move the court to denominate, style or caption the names of all parties as “John Doe” or oth…

Except as provided in this subchapter and in § 7-1201.03, a mental health professional, mental health facility or data collector shall permit any client or client representative, upon written request, to inspect and duplicate the client’s record of mental health information maint…

A mental health professional or mental health facility may limit the disclosure of portions of a client’s record of mental health information to the client or client representative only if the mental health professional primarily responsible for the diagnosis or treatment of such…

In the event that disclosure of the client’s information is limited, the client or client representative may designate an independent mental health professional who shall be in substantially the same or greater professional class as the mental health professional who initially li…

A client or client representative who has taken action in accordance with this subchapter may institute an action in the Superior Court of the District of Columbia to compel access to all or any part of the client’s record of mental health information which was denied by the ment…

(a) The mental health professional, mental health facility and data collector shall maintain the client’s mental health information in an accurate and complete manner. (b) In the event that the client or client representative questions the accuracy or completeness of the client’s…

Mental health professionals, mental health facilities and data collectors shall maintain records of mental health information in a secure manner as to effectuate the purposes of this chapter. Any entity that receives mental health information shall have appropriate administrative…

Mental health professionals, mental health facilities and data collectors shall provide employees and agents who have lawful access to mental health information in the course of their employment with a written statement of the requirement of maintaining the security of records of…

Mental health professionals shall provide clients in a group session with a written statement of the prohibition against the unauthorized disclosure of mental health information and the penalties provided in this chapter for unauthorized disclosure.

(a) Except for violations of § 7-1205.05(a), any person who negligently violates the provisions of this chapter shall be liable in an amount equal to the damages sustained by the client plus the costs of the action and reasonable attorney’s fees. (b) Except for violations of § 7-…

(a) Except for violations of subchapter V of this chapter, any person who willfully violates the provisions of this chapter shall be guilty of a misdemeanor and such violator shall be fined not more than $1,000 or imprisoned for not more than 60 days, or both. (b) Any person who …

Any civil liability or criminal penalty imposed for violation of this chapter is, in addition to and not in lieu of, any civil or administrative remedy, penalty or sanction otherwise authorized by law. This chapter and the penalties prescribed for violations of this chapter shall…

Nothing in this chapter shall be construed as limiting or interfering with District of Columbia, state or federal regulation and monitoring of the handling and dispensing of prescription drugs.

Nothing in this chapter shall be construed to apply to the operations of the Commission on Mental Health.

Any consent or agreement purporting to waive the provisions of this chapter is hereby declared to be against public policy and void.

[Repealed or reserved.]

Nothing in this chapter shall be construed or applied to necessarily require or excuse noncompliance with any provision of any federal law.

The provisions of this chapter shall take effect pursuant to § 1-206.02(c)(1) and shall govern all mental health information regardless of when such information came into existence. However, the provisions of this chapter which create liabilities shall only apply to acts or failu…

This chapter may be cited as the “Mental Health Consumers’ Rights Protection Act of 2001”.

For the purposes of this chapter, the term: (1) “Abuse” means any knowing, reckless, or intentional act or omission by a provider that causes or is likely to cause or contribute to, or which caused or is likely to have caused or contributed to, injury, death, or financial exploit…

Nothing in this chapter is intended to abridge the rights of persons committed to the care of the Department by order of the court in a criminal proceeding.

(a) The Department and other providers shall, at all times, treat consumers with consideration and respect for the consumer’s dignity, autonomy, and privacy. Respectful treatment shall also be extended to the consumer’s family members, personal representative, attorney-in-fact, a…

(a) Consumers shall have the right to meaningful participation in the development of their service plans, as well as the opportunity to participate in planning for their transition from one provider to another. Such service planning shall include the right to be informed about on…

(a) All consumers may execute a durable power of attorney for health care in accordance with Chapter 22 of Title 21. The durable power of attorney for health care may include a statement of the consumer’s mental health treatment preferences, which shall be honored by his or her a…

(a) Except in accordance with the procedure described in subsection (c)(3) of this section or as otherwise provided by law, no mental health services or mental health supports shall be provided absent a consumer’s informed consent. In seeking a consumer’s informed consent, the De…

(a) Except as provided in this section, no consumer shall be administered medication for the purpose of mental health treatment without his or her informed consent. In seeking a consumer’s informed consent, the Department or other provider shall present the consumer with informat…

(a) Consumers have the right to be free from seclusion and restraint of any form that is not medically necessary or that is used as a means of coercion, discipline, convenience, or retaliation by staff. (b) Seclusion or restraint may only be used by: (1) Hospitals when administer…

(a) Consumers shall be informed of their right to access their mental health information records and may request correction of inaccurate information contained in the records in accordance with Chapter 12 of this title. (b) Information and records about a consumer’s mental health…

Consumers shall have an opportunity to participate in periodic evaluation of mental health services and mental health supports, including evaluation of providers. The opportunity shall extend to members of the consumer’s family or personal representative.

(a) The Department shall, in accordance with Chapter 5 of Title 2, promulgate rules that: (1) Require providers to adopt a policy and procedure regarding the timely review and resolution of grievances brought to the provider by its consumers. All grievances resolved in this manne…

Consumers shall be presumed legally competent and retain all civil rights, unless otherwise limited by order of the court. As used in this section, the term “civil rights” shall include, but not be limited to, the rights to: (1) Contract; (2) Hold a professional, occupational, or…

(a) Except for those minors hospitalized pursuant to the emergency provisions in subchapter III of Chapter 5 of Title 21, or pursuant to an order of commitment under § 21-545 or § 16-2315, § 16-2320, or § 16-1321 [§ 16-2321], no minor may be admitted for inpatient mental health s…

(a) A provider shall not engage in sexual orientation change efforts with a consumer who is a minor. (b) A violation of subsection (a) of this section shall be considered a failure to conform to acceptable conduct within the mental health profession under § 3-1205.14(a)(26) and s…

Rights and protections provided in this chapter shall not be construed to create new causes of action for monetary damages beyond those that currently exist in federal and local law.

[Repealed or reserved.]

(a) It is the intent of the Council of the District of Columbia to: (1) Assure that residents of the District of Columbia with intellectual disabilities shall have all the civil and legal rights enjoyed by all other citizens of the District of Columbia and the United States; (2) …