section 23
Right to confidentiality
The Mental Healthcare Act, 2017Health2017126 sections
Statutory text
- (1) Every person with mental illness shall have the right to confidentiality in respect of his mental health, mental healthcare, treatment, physical healthcare and treatment and also in respect of his personal relationship and living arrangements.
- (2) The mental health professional shall have the duty to ensure that information relating to the person with mental illness is kept confidential.
- (3) The information referred to in sub-section (1) shall not be released to any person without the consent of the person with mental illness or his nominated representative.
- (4) Information may be released by the mental health professional in the following circumstances:—
- (a) with the consent of the person with mental illness or his nominated representative;
- (b) where the mental health professional believes that the release of such information is necessary to prevent a threat to the life or safety of the person with mental illness or others;
- (c) where the disclosure is required for the purpose of treatment or care of the person with mental illness;
- (d) where the disclosure is required for the purpose of research or teaching or financial audit or related services, in which case the information shall be anonymised and the identity of the person with mental illness shall not be disclosed;
- (e) where the disclosure is required by an order of a court or as required under the provisions of any other law for the time being in force;
- (f) where the disclosure is required for reporting to the Board or the Authority, as the case may be, in accordance with the provisions of this Act.
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