Section 11-175-30 - Right to a clinical record; access to the record(a) Each consumer admitted to a mental health or substance abuse program shall have a clinical record maintained at the program. The record shall be accessible to the consumer, the consumer's legal guardian, if any, and shall include, but not be limited to: (1) All documents relating to the consumer's status as a consumer of the program's services:(2) The current individual treatment plan; and(3) Documentation of any limitation of a right.(b) Information received about a consumer from another provider of mental health or substance abuse services shall not be considered part of the consumer's clinical record; request; for release of such information shall be directed to the other provider.(c) Within 72 hours of a request the consumer or the consumer's legal guardian shall be provided the opportunity to review and examine the consumer's clinical record in the presence of a staff member, less portions, if any, deemed detrimental to the consumer or others by the facility administrator. If information is withheld, justification shall be documented in the clinical record and the consumer shall be informed that information was withheld, why it was withheld, and that this determination may be appealed to the department as provided for in section 92E-9, HRS. Upon request, the consumer or legal guardian shall be provided a copy of the clinical record minus portions, if any, determined to be detrimental to the consumer or others.(d) A full copy of the record shall be made available on request to the consumer's legal representative with the consumer's written consent. A reasonable fee may be charged for the cost of photocopying.(e) Any consumer or the consumer's legal representative or legal guardian who believes the clinical record is not accurate, relevant, timely, or complete shall be informed that a written statement of correction or amendment may be submitted to the program administrator. If such a statement is received it shall become part of the clinical record and the administrator shall determine whether or not the correction or amendment is warranted. If a change is necessary, the record shall be corrected or amended accordingly. The consumer shall be informed whether or not a correction amendment was made[Eff. and comp DEC 30 1988; Comp OCT 19 2007] (Auth: HRS § 321-9) (Imp: HRS § 334E-2)