Access To An Individual’s Own Record

An individual who is at least fourteen (14) years old, or a legal representative, may review and obtain a copy o f Department records that pertain to the individual, subject to the exceptions listed in Subsections 125.01 throug h 125.04 of these rules. Requests must be in writing, identifying the individual whose record is sought, and the recor d or information requested. The principles of disclosing only minimally necessary information on a need-to-know basi s do not apply to a request for an individual’s own records. The following information must not be disclosed: (3-17-22) 01. Children’s Mental Health. Records of a child’s mental health services must not be disclosed to th e child when a physician or other mental health professional has noted that disclosure would be damaging to the child , unless access is ordered by a court according to Section 16-2428, Idaho Code. (3-17-22) 02. Legal Action. No disclosure will be made to an individual of information compiled in an ongoin g investigation, that is exempt from disclosure, or that relates to adoption. Information compiled in reasonabl e anticipation of litigation that is not otherwise discoverable must not be disclosed. Information compiled for use in a civil, criminal, or administrative proceeding to which the individual is a party must not be disclosed except in compliance with valid discovery. (3-17-22) 03. Clinical Laboratories. There will be no disclosure of information maintained by a clinica l laboratory except as authorized by the provider who ordered the test or study, in compliance with 42 USC 263a. (3-17-22) 04. Confidential Information. Health and other confidential information will not be disclosed to th e individual if a licensed professional in an appropriate discipline determines that disclosure is likely to endanger the life or physical safety of the individual or another person. Disclosure to a legal representative will be denied if there i s a professional determination that access by the representative is likely to cause substantial harm to the subject of the record or another person. (3-17-22) 126. -- 149. (RESERVED)