Law / United States / 
Northern Mariana Islands
Patient's Rights Act: access to mental health care records and consent before release
In force since .
A sensitive categories rule binding public and private bodies.
- Obligation class
- Consent, Data subject rights, Prohibition
What it requires
- If you are an evaluation or treatment facility, give a person access, on request, to the person's mental health care records, except information a third party gave on the assurance that it would stay confidential and material the responsible mental health professional or physician has determined in writing would be detrimental to the person's health (3 CMC 2561(a)).
- If you are an evaluation or treatment facility, do not disclose any information concerning an individual's record of treatment unless the individual or another person authorized by law expressly consents in writing, or you receive a court order authorizing the disclosure (3 CMC 2561(b)).
- If you are a prospective employer, do not ask a job applicant whether he or she has ever sought or been hospitalized for evaluation, treatment or care for mental illness (3 CMC 2561(d)).
These lines are LexLint's reading of the law's text.
What this law does
Section 2561 of title 3 of the Commonwealth Code gives a person the right of access, on request, to the person's mental health care records. A person may be refused access to information in the records that a third party provided on the assurance that it would remain confidential and that is otherwise maintained in a confidential manner.
A person may also be refused access to specific material in the records if the responsible mental health professional or attending physician has determined in writing that access would be detrimental to the person's health, but the material may be made available to a similarly qualified mental health professional or physician the person selects.
The evaluation or treatment facility may not disclose any information concerning an individual's record of treatment unless the individual or another person authorized by law expressly consents to the release in writing, or a court order is received that authorizes the disclosure.
When a court order for release of confidential information is applied for, the individual and his attorney must be given notice and an opportunity to be heard, and if the person whose records are sought objects, the burden of proof for disclosure is on the party seeking the records.
The individual's attorney may, with or without the patient's written consent, have full access to all records to protect the client's rights, and the facility may release records as authorized by federal law to the protection and advocacy system for the mentally ill. No prospective employer may ask a job applicant whether he or she has ever sought or been hospitalized for evaluation, treatment or care for mental illness. Public Law 8-38, the source of the article, took effect .
When LexLint raises it
When your app profile says your app handles health records or processes personal data.
Back to the example · Lint your app
Page updated .