Text of Statute
(A) Records or information, other than court journal entries or court docket
entries, pertaining to the identity, diagnosis, or treatment of any patient
which are maintained in connection with the performance of any drug treatment
program licensed by, or certified by, the director of alcohol and drug addiction
services, under section (B) When the patient, with respect to whom any record or information referred
to in division (A) of this section is maintained, gives his consent in the form
of a written release signed by the patient, the content of the record or
information may be disclosed if the written release:
(1) Specifically identifies the person, official, or entity to whom the
information is to be provided;
(2) Describes with reasonable specificity the record, records, or information
to be disclosed; and
(3) Describes with reasonable specificity the purposes of the disclosure and
the intended use of the disclosed information.
(C) A patient who is subject to parole, probation, or who is ordered to
rehabilitation in lieu of conviction, and who has agreed to participate in a
drug treatment or rehabilitation program as a condition of parole, probation, or
order to rehabilitation, shall be considered to have consented to the release of
records and information relating to the progress of treatment, frequency of
treatment, adherence to treatment requirements, and probable outcome of
treatment. Release of information and records under this division shall be
limited to the court or governmental personnel having the responsibility for
supervising his probation, parole, or order to rehabilitation. A patient,
described in this division, who refuses to allow disclosure may be considered in
violation of the conditions of his parole, probation, or order to
rehabilitation.
(D) Disclosure of a patient's record may be made without his consent to
qualified personnel for the purpose of conducting scientific research,
management, financial audits, or program evaluation, but these personnel may not
identify, directly or indirectly, any individual patient in any report of the
research, audit, or evaluation, or otherwise disclose a patient's identity in
any manner.
(E) Upon the request of a prosecuting attorney or the director of alcohol and
drug addiction services, a court of competent jurisdiction may order the
disclosure of records or information referred to in division (A) of this section
if the court has reason to believe that a treatment program or facility is being
operated or used in a manner contrary to law. The use of any information or
record so disclosed shall be limited to the prosecution of persons who are or
may be charged with any offense related to the illegal operation or use of the
drug treatment program or facility, or to the decision to withdraw the authority
of a drug treatment program or facility to continue operation. For purposes of
this division the court shall:
(1) Limit disclosure to those parts of patient's record considered essential
to fulfill the objective for which the order was granted;
(2) Require, where appropriate, that all information be disclosed in
chambers;
(3) Include any other appropriate measures to keep disclosure to a minimum,
consistent with the protection of the patients, the physician-patient
relationship, and the administration of the drug treatment and rehabilitation
program.
HISTORY: RC § 5122.53, 136 v H 300 (Eff 7-1-76); 138 v H 900 (Eff
7-1-80); RC §
© Copyright 2000
Containing legislation passed and filed through August 1, 2000.