§ 43A-2-108. Investigation of wrongful, negligent or improper treatment - System for prompt resolution of complaints - Confidentiality of information.

A.  When the Department of Mental Health and Substance Abuse Services has reason to believe that any individual receiving services from a facility operated by, certified by, or under contract with the Department has been wrongfully deprived of liberty, or is cruelly, negligently or improperly treated, or inadequate provision is made for the individual’s appropriate medical care, proper supervision and safe keeping, the Department may ascertain the facts or may require an investigation of the facts.

B.  The Board shall establish and maintain a fair, simple and expeditious system for resolution of complaints of all individuals receiving such services.

C.  Except as otherwise specifically provided in this section and as otherwise provided by state or federal laws, the information, records, materials, and reports related to investigations by the Department into allegations of consumer abuse, neglect, or mistreatment shall be confidential and contain privileged information.  Accordingly, such records, materials, and reports shall not be open to public inspection nor their contents disclosed, nor shall a subpoena or subpoena duces tecum purporting to compel disclosure of such information be valid.

1.  An order of the court authorizing the inspection, release, or disclosure of information, records, materials, and reports related to investigations by the Department shall be entered by a court only after a review of the records and a determination, with due regard for the confidentiality of the information and records and the privilege of the persons identified in the records, that a compelling reason exists, any applicable privilege has been waived, and such inspection, release or disclosure is necessary for the protection of a legitimate public or private interest.

2.  This section shall not be construed to prohibit the Department from summarizing the allegation or allegations made, facts and evidence gathered, and any findings of an investigation pursuant to this section.  The summary may be provided to the following individuals and entities, provided the individuals or entities agree to protect the summary from disclosure:

a.the person suspected of abuse, neglect or improper treatment,

b.the person subject to the alleged abuse, neglect or improper treatment,

c.the person who reported the allegation,

d.the state and federal oversight, licensing or accrediting agency,

e.the administrator of a facility certified by or under contract with the Department at which the alleged abuse, neglect or improper treatment occurred,

f.any persons necessary to implement appropriate personnel action against the person suspected of abuse, neglect or mistreatment if evidence is found to support the allegation, and

g.the appropriate law enforcement agency, district attorney’s office or any other entities as required by state and federal law.

Added by Laws 1953, p. 171, § 98.  Amended by Laws 1986, c. 103, § 11, eff. Nov. 1, 1986.  Renumbered from Title 43A, § 98 by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986.  Amended by Laws 1990, c. 51, § 33, emerg. eff. April 9, 1990; Laws 2002, c. 488, § 7, eff. Nov. 1, 2002; Laws 2010, c. 287, § 6, eff. Nov. 1, 2010.