P.R. Laws tit. 24, § 6153f

2019-02-20 00:00:00+00
§ 6153f. Notice of right to confidentiality

Insofar as the person who receives mental healthcare services is able to communicate rationally, the mental healthcare service provider shall notify him/her in writing and orally, at the time of the initial evaluation or as soon as possible after the same, of his/her right to confidentiality. He/She shall be also informed that any violation of the provisions that protect confidentiality is a crime, pursuant to the provisions of subsection (b) of § 6166g of this title, and he/she shall receive a written notice of the proper procedures to notify any case of violation. The notification required in this section shall be made to the parent with legal or physical custody, or to the legal guardian, in all cases in which mental healthcare services are provided to a minor or a disabled person.

The mental healthcare professional assigned through institutional regulation to notify as provided in this section shall include the contents of said notice in the clinical record, as well as the date and time when said notice was delivered, in a form provided by the Administration, which shall be signed by the recipient so that the form is understood to be completed. The direct mental healthcare service provider, whether an individual or an institution, shall notify the patient, if he/she has a health plan, that the indirect provider may access his/her clinical record to ascertain services rendered in order to pay for the same. In examining the record, the indirect provider shall not have access to the notes of the psychotherapist.

History —Oct. 2, 2000, No. 408, § 2.07; Aug. 6, 2008, No. 183, § 6.