15-11-41. Compliance with privacy laws.

Except as otherwise provided in Code Section 15-11-710, entities governed by federal or state privacy laws may require the following before sharing confidential information:#

1. (1)

   For release of child abuse records by the department, a subpoena and subsequent order of the court requiring the release of such information in accordance with Code Section 49-5-41;#

2. (2)

   For release of information relating to diagnosis, prognosis, or treatment of drug and alcohol abuse:#

   1. (A)

      If the person is 18 or has been emancipated, consent from the person to whom such information relates;#

   2. (B)

      If the person is under the age of 18 years and has not been emancipated, valid consent from such person’s parent, guardian, or legal custodian or consent by a parent, guardian, or legal custodian to a confidentiality agreement between the health care provider and the unemancipated minor; provided, however, that consent from an unemancipated minor shall be sufficient for the release of such information if the unemancipated minor is allowed by law to consent to the health care service to which the records relate without the consent of a parent, guardian, or legal custodian and has not designated anyone as a personal representative; or#

   3. (C)

      A subpoena requiring the release of such information and protective order of the court regarding the release of such information; and#

3. (3)

   For release of confidential health, mental health, or education records:#

   1. (A)

      If the person is 18 or has been emancipated, consent from the person to whom such information relates;#

   2. (B)

      If the person is under the age of 18 years and has not been emancipated, valid consent from such person’s parent, guardian, or legal custodian or consent by a parent, guardian, or legal custodian to a confidentiality agreement between the health care provider and the unemancipated minor; provided, however, that consent from an unemancipated minor shall be sufficient for the release of such information if the unemancipated minor is allowed by law to consent to the health care service to which the records relate without the consent of a parent, guardian, or legal custodian and has not designated anyone as a personal representative;#

   3. (C)

      A subpoena requiring the release of such information; or#

   4. (D)

      An order of the court requiring the release of such information.#

In issuing an order for the release of information under this Code section, the court may:#

1. (1)

   Include protections against further disclosure of the information;#

2. (2)

   Limit the purposes for which the information may be used; and#

3. (3)

   Require records to be redacted so that only relevant information is shared.#

Nothing in this Code section shall be deemed to replace the responsibility of entities governed by federal and state privacy laws to comply with such laws.#

Nothing in this Code section shall be construed as barring or limiting the release of confidential information referred to in this Code section pursuant to a search warrant.#