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600-85, KSARNG, Substance Abuse Prevention & Control, 2007 Jun 1(2)
| 10 – 26. Disclosure upon court orders Under the provisions of 42 USC 290dd2(b)(2)(c) and 42 CFR, Chapter 1, Subpart Ea court may grant relief from duty of nondisclosure of records covered by 21 USC and 42 USC and direct appropriate disclosure. 10 – 27. Written consent requirement a. Where disclosure in response to a request for prohibited information is authorized with the consent of the patient, such consent must be in writing and signed by the patient. b. The patient will be fully informed of the nature and source of the inquiry. They will be informed that their voluntary written consent is required to release information. c. If the patient consents to the release of all or part of the requested information, they will confirm that fact by signing DA Form R or DoD equivalent. d. The consent will be prepared in its original form and be uploaded to the electronic health record, in accordance with MTF policy. e. The DA Form R is not a continuing document it only applies to the specific incident noted. Its retention is to justify the specific disclosure described thereon and to maintain a record of that justification. Any future disclosure of information must be supported by anew DA Form R. Exception Duration of consent for disclosures in conjunction with criminal justice referrals is prescribed in paragraph 10 – 22. f. Where the patient's unit commander provides information fora higher HQs reply to an inquiry, the forwarding correspondence will specifically verify that the consent (1) Has been signed by the patient. (2) Has been, or will be, filed in the patient's treatment records. g. If the patient does not consent to the release of the requested information or if the patient limits the scope of releasable information to the extent that an adequate reply is impossible (1) He or she will be encouraged to correspond directly with the originator of the inquiry. (2) He or she will be informed that the reply to the inquiry will state that if no consent is given, statutes and regulations prohibit the release of personal information and will state that he or she has been requested to correspond AR 600–85 • 23 July 2020 70 directly with the inquirer. Or, if the patient authorizes only the release of limited information, they will be informed that the reply will state this, and will state that they have been requested to correspond directly with the inquirer. (3) Where the patient's unit commander provides information fora higher HQ’s reply to an inquiry, forwarding correspondence will include a statement that (a) The patient refused to sign DA Form R or authorized the release of only limited information. (b) The patient has been encouraged to correspond directly with the inquirer. h. When disclosure is authorized with the consent of the patient, such consent maybe given by a guardian or other person authorized understate law to act in the patient's behalf this would only be in the case of a patient who has been adjudged as lacking the capacity to manage his or her own affairs. Such consent may also be given by an executor, administrator, or other personal representative, in the case of a deceased patient. i. When any individual suffering from a serious medical condition resulting from alcohol or other drug abuse is receiving treatment at a military medical facility, the treating physicians may, at their discretion and with patient consent, give notification of such condition to a member of the individual's Family. Or, notification maybe given to any other person with whom the individual is known to have a responsible personal relationship. Such notification may not be made without such individual's consent at anytime they are capable of rational communication. Download 3.47 Mb. Share with your friends:
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