Guam § 82605 - Confidentiality of Information in Records; Persons to Whom

§ 82605. Confidentiality of Information in Records; Persons to Whom

Disclosure Authorized.

All information and records obtained in the course of providing service

to either voluntary or involuntary recipients of services shall be confidential.

Information and records may be disclosed only:

(a) In communications between qualified mental health

professionals in the provision of services or appropriate referrals, or in

the course of conservatorship proceedings;

(b) When the qualified mental health professional staff in charge

of the patient, with the approval of the patient or his attorney,

conservator or guardian, designates persons to whom information or

records may be released, except that nothing in this Chapter shall be

construed to compel a physician, psychologist, social worker, nurse,

attorney, or other professional person to reveal information which has

been given to him in confidence by members of the patient's family. No

record may be released under this subsection after ten (10) years have

elapsed since the record was made;

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(c) To the extent necessary to make claims on behalf of a recipient

for services for aid, insurance, or medical assistance to which he may

be entitled;

(d) If the recipient of services is a ward or conservatee, and his

guardian or conservator designates, in writing, persons to whom records

or information may be disclosed, except that nothing in this Chapter

shall be construed to compel a qualified mental health professional,

psychologist, social worker, nurse or attorney, to reveal information

which has been given him in confidence by members of a patient's

family.

(e) For research, provided that the Attorney General provides by

regulation, rules for the conduct of research. Such rules shall include,

but need not be limited to, the requirement that all researchers must

sign an oath of confidentiality as follows:

Date: _______________

As a condition of doing research concerning persons

who have received services from ________________ (fill in

the facility, agency or person) I ________

________________ agree not to divulge any information

obtained in the course of such research to unauthorized

persons, and not to publish or otherwise make public any

information regarding persons who have received services

such that the person who received services is identifiable.

I realize that the unauthorized release of confidential

information may make me subject to a civil action under the

provisions of Title VI of the Code of Civil Procedure.

Signed: __________________

(f) To the courts, as necessary to the administration of justice.