HB 25-1087

House Bill 25-1087, also known as the Confidentiality Requirements Mental Health Support Act, aims to protect the privacy of individuals receiving mental health support by preventing peer support team members from sharing confidential communications without consent. However, there are exceptions where disclosure is allowed, such as when a recipient threatens harm to themselves or others, admits to committing a crime, or makes threats involving property damage. This bill has been signed into law and will help ensure that people seeking mental health assistance can do so with greater confidentiality and trust.

Official Summary

The act prohibits a peer support team member from disclosing, without the consent of the recipient of peer support (recipient), the confidential communications made by the recipient during a peer support interaction, with specified exceptions. With respect to an exception for which disclosure is permissible, a peer support team member who discloses or does not disclose a communication with a recipient is not liable for damages in a civil action for disclosing or not disclosing the communication. The act expands an exception allowing specified mental health professionals to disclose confidential information when a recipient makes a threat against an individual or themself or makes a threat that, if carried out, would result in harm to an individual or themself. In addition, a peer support team member is exempted from the prohibition on disclosure established by the act if: The peer support team member was a witness or a party to the incident that prompted the delivery of peer support services; A recipient admits to committing a crime or provides information pertaining to the recipient or another individual that is indicative of criminal conduct; Criteria related to an individual's participation as a witness in a court proceeding are met; or A recipient makes a threat involving damage or destruction of private or public property.(Note: This summary applies to this bill as enacted.)

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