To amend and clarify rules related to the release or access to mental health information. This bill adds and clarifies definitions related to mental health. The act also provides clarification for those allowed to access mental health information and records.   Official Text and Analysis.

To clarify the definition of legal counsel, and allows the provider to respond to a request for information rather than requiring that legal counsel respond. State and county jails and hospitals are included in the definition of mental health service providers. The substitute bill clarifies that the mental health information may only be used by courts and prosecutors to determine what charges to file and what bail to set. Any mental health information provided to the court must be filed under seal and any hearing which discloses this information must be closed to the public. The Department of Social and Health Services is required to develop standardized templates to request mental health information and to respond to such requests.

To provide that a person may not request mental health treatment information beyond fact, place, and date of involuntary commitment; fact and date of discharge; and last known address unless the requestor has reasonable suspicion that the person has engaged in an activity which constitutes a crime or a violation of community custody or parole, or is exhibiting signs of mental deterioration.

To clarify tht mental health treatment information may be requested if the requestor has reasonable suspicion that the offender will commit a crime of violation of community custody or parole in the near future, based on his or her current or recent past behavior.

Expands the list of entities and/or individuals who may obtain access to treatment history information under the Involuntary Treatment Act (ITA). Combines sections throughout the ITA which address the release of information to individuals and entities and the scope of information to be released. Renders inoperable any provision regarding the release of information which conflicts with federal requirements necessary for funding.