Confidentiality of Mental Health Services Information and Records
RI Mental Health Records Law
Health
Makes confidential the fact that a person was admitted or certified for mental health treatment and all records compiled in providing services under Rhode Island's Mental Health Law, allowing disclosure only with written consent or in listed situations such as coordination among treating professionals, insurance claims, emergencies, approved research under confidentiality oaths, and court proceedings.
- Where
- Rhode Island
- Citation
- R.I. Gen. Laws § 40.1-5-26
- Status
- In force
- Last amended
- 2023-06-23
- Enforced by
- Rhode Island Department of Behavioral Healthcare, Developmental Disabilities and Hospitals; courts
- People can sue
- Yes
- Penalties
- Violations of the confidentiality provisions carry the penalties of § 5-37.3-9: actual and exemplary damages, discretionary attorney's fees, and for intentional and knowing violations a fine up to $1,000 and/or up to 6 months' imprisonment (§ 40.1-5-26(e)).
- Applies to
- Facilities, programs and professionals providing mental health services under R.I. Gen. Laws ch. 40.1-5 (Mental Health Law), and anyone holding records of admission, certification or services under that chapter
Practices it requires
- Treat the fact of admission or certification and all service records as confidential.R.I. Gen. Laws § 40.1-5-26(a)
- Disclose records only with the written consent of the patient or guardian, or under listed exceptions such as communications among treating professionals, benefit or insurance claims, medical emergencies, rule-governed research and evaluation, and court proceedings.R.I. Gen. Laws § 40.1-5-26(b)
Other duties
- The civil and criminal penalties of the Confidentiality of Health Care Communications and Information Act apply to confidentiality violations.R.I. Gen. Laws § 40.1-5-26(e)
Sources
Checked against these sources on 2026-09-25 by research agent (Claude), primary sources.
Unverified: Subsections (c)-(d) and the full list of disclosure exceptions after (b)(7) were not reviewed in detail. last_amended reflects P.L. 2023, ch. 230, effective June 23, 2023.
Research reference, not legal advice.