reglab/statecodes huggingface dataset:
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 12 - Mental Health Information › Subchapter III - Exceptions › § 7–1203.04. Disclosures for collection of fees

§ 7–1203.04. Disclosures for collection of fees.
(a) A mental health professional or mental health facility may disclose the administrative information necessary for the collection of his or its fee from the client to a person authorized by the mental health professional or mental health facility for the collection of a fee from such client if the client or client representative has received a written notification that the fee is due and has failed to arrange for payment with the mental health professional or mental health facility within a reasonable time after such notification.
(b) In the event of a claim in any civil action for the collection of such a fee, no additional mental health information shall be disclosed in litigation, except to the extent necessary:
(1) To respond to a motion of the client or client representative for greater specificity; or
(2) To dispute a defense or counterclaim.
(Mar. 3, 1979, D.C. Law 2-136, § 304, 25 DCR 5055.)
Prior Codifications
1981 Ed., § 6-2024.
1973 Ed., § 6-1625.
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 12 - Mental Health Information › Subchapter III - Exceptions › § 7–1203.05. Disclosures for research, auditing and program evaluation

§ 7–1203.05. Disclosures for research, auditing and program evaluation.
In addition to the disclosures authorized pursuant to Chapter 2B of this title [§ 7-241 et seq.], a mental health professional or mental health facility may disclose mental health information to qualified personnel, if necessary, for the purpose of conducting scientific research or management audits, financial audits or program evaluation of the mental health professional or mental health facility; provided, that such personnel have demonstrated and provided assurances, in writing, of their ability to insure compliance with the requirements of this chapter. Such personnel shall not identify, directly or indirectly, an individual client in any reports of such research, audit or evaluation, or otherwise disclose client identities in any manner; except, that de-identified data may be shared in accordance with the Health Insurance Portability and Accountability Act of 1996, approved August 21, 1996 (110 Stat. 1936; 42 U.S.C. § 1320d et seq.).
(Mar. 3, 1979, D.C. Law 2-136, § 305, 25 DCR 5055; Dec. 4, 2010, D.C. Law 18-273, § 204(b), 57 DCR 7171.)
Prior Codifications
1981 Ed., § 6-2025.
1973 Ed., § 6-1626.
Effect of Amendments
D.C. Law 18-273 inserted “In addition to the disclosures authorized pursuant to Chapter 2B of this title, a mental health professional”; and inserted “any manner; except, that de-identified data may be shared in accordance with the Health Insurance Portability and Accountability Act of 1996, approved August 21, 1996 (110 Stat. 1936; 42 U.S.C. § 1320d et seq.)”.
Emergency Legislation
For temporary (90 day) amendment of section, see § 204(b) of Data-Sharing and Information Coordination Emergency Amendment Act of 2010 (D.C. Act 18-530, August 6, 2010, 57 DCR 8099).
For temporary (90 day) amendment of section, see § 204(b) of Data-Sharing and Information Coordination Congressional Review Emergency Amendment Act of 2010 (D.C. Act 18-582, October 20, 2010, 57 DCR 10118).
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 12 - Mental Health Information › Subchapter III - Exceptions › § 7–1203.05a. Disclosures to correctional institutions or law enforcement officials

§ 7–1203.05a. Disclosures to correctional institutions or law enforcement officials.
(a) A mental health professional or mental health facility may disclose to a correctional institution or a law enforcement official having lawful custody of an individual mental health information about the individual to facilitate the delivery of mental health services and mental health supports to the individual.
(b) Any disclosure of mental health information under this section shall be limited to the minimum necessary to facilitate the delivery of mental health services and mental health supports.
(Mar. 3, 1979, D.C. Law 2-136, § 305a; as added Dec. 10, 2009, D.C. Law 18-88, § 204(c), 56 DCR 7413.)
Emergency Legislation
For temporary (90 day) addition, see § 204(c) of Omnibus Public Safety and Justice Emergency Amendment Act of 2009 (D.C. Act 18-181, August 6, 2009, 56 DCR 6903).
For temporary (90 day) addition, see § 204(c) of Omnibus Public Safety and Justice Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-227, October 21, 2009, 56 DCR 8668).
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 12 - Mental Health Information › Subchapter III - Exceptions › § 7–1203.06. Redisclosure

§ 7–1203.06. Redisclosure.
Mental health information disclosed pursuant to this subchapter shall not be redisclosed except as specifically authorized by subchapter II, III or IV of this chapter or for the purposes of and in accordance with Chapter 2B of this title [§ 7-241 et seq.].
(Mar. 3, 1979, D.C. Law 2-136, § 306, 25 DCR 5055; Dec. 4, 2010, D.C. Law 18-273, § 204(c), 57 DCR 7171; Sept. 26, 2012, D.C. Law 19-171, § 53(b)(1), 59 DCR 6190.)
Prior Codifications
1981 Ed., § 6-2026.
1973 Ed., § 6-1627.
Effect of Amendments
D.C. Law 18-273 substituted “of this chapter or for the purposes of and in accordance with Chapter 2B of this title” for “of this chapter”.
The 2012 amendment by D.C. Law 19-171 validated a previously made technical correction.
Emergency Legislation
For temporary (90 day) amendment of section, see § 204(c) of Data-Sharing and Information Coordination Emergency Amendment Act of 2010 (D.C. Act 18-530, August 6, 2010, 57 DCR 8099).
For temporary (90 day) amendment of section, see § 204(c) of Data-Sharing and Information Coordination Congressional Review Emergency Amendment Act of 2010 (D.C. Act 18-582, October 20, 2010, 57 DCR 10118).
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 12 - Mental Health Information › Subchapter IV - Court-Related Disclosures › § 7–1204.01. Court-ordered examinations

§ 7–1204.01. Court-ordered examinations.
Except as provided elsewhere by law, mental health information acquired by a mental health professional pursuant to a court-ordered examination may be disclosed in a manner provided by rules of court or by order of the court.
(Mar. 3, 1979, D.C. Law 2-136, § 401, 25 DCR 5055; Dec. 18, 2001, D.C. Law 14-56, § 116(f)(6), 48 DCR 7674.)
Prior Codifications
1981 Ed., § 6-2031.
1973 Ed., § 6-1628.
Effect of Amendments
D.C. Law 14-56, inserted “or by order of the court.”.
Emergency Legislation
For temporary (90 day) amendment of section, see § 16(f)(6) of Department of Mental Health Establishment Emergency Amendment Act of 2001 (D.C. Act 14-55, May 2, 2001, 48 DCR 4390).
For temporary (90 day) amendment of section, see § 16(f)(6) of Department of Mental Health Establishment Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-101, July 23, 2001, 48 DCR 7123).
Temporary Legislation
For temporary (225 day) amendment of section, see § 16(f)(6) of Department of Mental Health Establishment Temporary Amendment Act of 2001 (D.C. Law 14-51, October 30, 2001, law notification 48 DCR 10807).
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 12 - Mental Health Information › Subchapter IV - Court-Related Disclosures › § 7–1204.02. Civil commitment proceedings; extreme risk protection orders

§ 7–1204.02. Civil commitment proceedings; extreme risk protection orders.
Mental health information may be disclosed by a mental health professional when and to the extent necessary to:
(1) Initiate or seek civil commitment proceedings under § 21-541; or
(2) Request an extreme risk protection order under subchapter X of Chapter 25 of this title.
(Mar. 3, 1979, D.C. Law 2-136, § 402, 25 DCR 5055; Apr. 27, 2021, D.C. Law 23-274, § 101(a), 68 DCR 001034.)
Prior Codifications
1981 Ed., § 6-2032.
1973 Ed., § 6-1629.
Emergency Legislation
For temporary (90 days) amendment of this section, see § 3(a) of Omnibus Public Safety and Justice Emergency Amendment Act of 2021 (D.C. Act 24-25, Feb. 26, 2021, 68 DCR 002604).
For temporary (90 days) amendment of this section, see § 3(a) of Firearms Safety Omnibus Clarification Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-342, July 27, 2020, 67 DCR 9368).
For temporary (90 days) amendment of this section, see § 3(a) of Firearms Safety Omnibus Clarification Emergency Amendment Act of 2020 (D.C. Act 23-297, May 1, 2020, 67 DCR 5037).
For temporary (90 days) amendment of this section, see § 3(a) of Firearms Safety Omnibus Clarification Congressional Review Emergency Amendment Act of 2019 (D.C. Act 23-103, July 24, 2019, 66 DCR 9738).
For temporary (90 days) amendment of this section, see § 2(a) of Firearms Safety Omnibus Clarification Emergency Amendment Act of 2019 (D.C. Act 23-49, May 16, 2019, 66 DCR 6310).
Temporary Legislation
For temporary (225 days) amendment of this section, see § 3(a) of Firearms Safety Omnibus Clarification Temporary Amendment Act of 2020 (D.C. Law 23-123, Aug. 6, 2020, 67 DCR 5103).
For temporary (225 days) amendment of this section, see § 3(a) of Firearms Safety Omnibus Clarification Temporary Amendment Act of 2019 (D.C. Law 23-17, Sept. 11, 2019, 66 DCR 8741).
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 12 - Mental Health Information › Subchapter IV - Court-Related Disclosures › § 7–1204.04. Redisclosure

§ 7–1204.04. Redisclosure.
Redisclosure of any mental health information disclosed pursuant to this subchapter shall be governed by order of the court or, if no order is issued, by the rules of the Superior Court of the District of Columbia.
(Mar. 3, 1979, D.C. Law 2-136, § 404, 25 DCR 5055.)
Prior Codifications
1981 Ed., § 6-2034.
1973 Ed., § 6-1631.
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 12 - Mental Health Information › Subchapter IV - Court-Related Disclosures › § 7–1204.05. Court records; anonymity of parties

§ 7–1204.05. Court records; anonymity of parties.
A client, client representative or any other party in a civil, criminal or administrative action, in which mental health information has been or will be disclosed, shall have the right to move the court to denominate, style or caption the names of all parties as “John Doe” or otherwise protect the anonymity of all of the parties.
(Mar. 3, 1979, D.C. Law 2-136, § 405, 25 DCR 5055.)
Prior Codifications
1981 Ed., § 6-2035.
1973 Ed., § 6-1632.
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 12 - Mental Health Information › Subchapter V - Client’s Right to Access and Right to Correct Information › § 7–1205.01. Right to access

§ 7–1205.01. Right to access.
Except as provided in this subchapter and in § 7-1201.03, a mental health professional, mental health facility or data collector shall permit any client or client representative, upon written request, to inspect and duplicate the client’s record of mental health information maintained by the mental health professional, mental health facility or data collector within 30 days from the date of receipt of the request. A mental health professional, responsible for the diagnosis or treatment of the client, shall have the opportunity to discuss the mental health information with the client or client representative at the time of such inspection. In the case of a request to a data collector for disclosure of mental health information pursuant to this section, the data collector shall grant access either: (1) directly to the requestor; or (2) indirectly by providing the mental health information to a mental health professional designated by the requestor. If the mental health professional designated by the requestor is not the person who disclosed the mental health information to the data collector, he shall be in substantially the same or greater professional class as the mental health professional who disclosed the mental health information to the data collector.
(Mar. 3, 1979, D.C. Law 2-136, § 501, 25 DCR 5055.)
Prior Codifications
1981 Ed., § 6-2041.
1973 Ed., § 6-1633.
Section References
This section is referenced in § 7-1205.04.
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 12 - Mental Health Information › Subchapter V - Client’s Right to Access and Right to Correct Information › § 7–1205.02. Authority to limit access

§ 7–1205.02. Authority to limit access.
A mental health professional or mental health facility may limit the disclosure of portions of a client’s record of mental health information to the client or client representative only if the mental health professional primarily responsible for the diagnosis or treatment of such client reasonably believes that such limitation is necessary to protect the client from a substantial risk of imminent psychological impairment or to protect the client or another individual from a substantial risk of imminent and serious physical injury. The mental health professional shall notify the client or client representative if the mental health professional does not grant complete access.
(Mar. 3, 1979, D.C. Law 2-136, § 502, 25 DCR 5055.)
Prior Codifications
1981 Ed., § 6-2042.
1973 Ed., § 6-1634.
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 12 - Mental Health Information › Subchapter V - Client’s Right to Access and Right to Correct Information › § 7–1205.03. Review by independent mental health professional

§ 7–1205.03. Review by independent mental health professional.
In the event that disclosure of the client’s information is limited, the client or client representative may designate an independent mental health professional who shall be in substantially the same or greater professional class as the mental health professional who initially limited disclosure and who shall be permitted to review the client’s record of mental health information. The independent mental health professional shall permit the client or client representative to inspect and duplicate those portions of the client’s record of mental health information which, in his judgment, do not pose a substantial risk of imminent psychological impairment to the client or pose a substantial risk of imminent and serious physical injury to the client or another individual. In the event that the independent mental health professional allows the client to inspect and duplicate additional portions of the client’s record of mental health information, the mental health professional primarily responsible for the diagnosis or treatment of the client shall have the opportunity to discuss the information with the client at the time of transmittal, examination and duplication of information.
(Mar. 3, 1979, D.C. Law 2-136, § 503, 25 DCR 5055.)
Prior Codifications
1981 Ed., § 6-2043.
1973 Ed., § 6-1635.
Section References
This section is referenced in § 7-1205.04.
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 12 - Mental Health Information › Subchapter V - Client’s Right to Access and Right to Correct Information › § 7–1205.04. Judicial action to compel access

§ 7–1205.04. Judicial action to compel access.
A client or client representative who has taken action in accordance with this subchapter may institute an action in the Superior Court of the District of Columbia to compel access to all or any part of the client’s record of mental health information which was denied by the mental health professional. An action initiated under this section shall be brought within 6 months of the denial of access, in whole or in part, by the independent mental health professional. In the event that a person is indigent and is unable to obtain the services of an independent mental health professional, he may institute an action in the Superior Court of the District of Columbia, without regard to the provisions of § 7-1205.03; provided, that the action is brought within 6 months of the denial of access, in whole or in part, by the mental health professional. If the person who instituted the action establishes that he made a request for access in compliance with § 7-1205.01, the burden of proof shall be placed upon the mental health professional to establish by a preponderance of the evidence that the denial of access was in conformity with subchapter V of this chapter.
(Mar. 3, 1979, D.C. Law 2-136, § 504, 25 DCR 5055.)
Prior Codifications
1981 Ed., § 6-2044.
1973 Ed., § 6-1636.
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 12 - Mental Health Information › Subchapter V - Client’s Right to Access and Right to Correct Information › § 7–1205.05. Right to correct information

§ 7–1205.05. Right to correct information.
(a) The mental health professional, mental health facility and data collector shall maintain the client’s mental health information in an accurate and complete manner.
(b) In the event that the client or client representative questions the accuracy or completeness of the client’s record of mental health information, he may, within 15 days of the date of access, submit a written amendment of reasonable length to the mental health professional, mental health facility or data collector, as the case may be. The mental health professional, mental health facility or data collector shall either:
(1) Amend the client’s mental health information record in accordance with the proposed amendment; or
(2) Include the proposed amendment as part of the client’s mental health information record; provided, that the client may, at his option, withdraw the proposed amendment or file a more concise statement of disagreement as a substitute for the proposed amendment.
(c) If the requested amendment was adopted, the mental health professional, mental health facility or data collector shall either promptly transmit the client’s amended record or the requested amendment to all persons to whom the client’s unamended mental health information had been disclosed or promptly inform the client of the names and addresses of such persons not receiving the amended record or the requested amendment. In any such disclosure made pursuant to this subsection, the mental health professional, mental health facility or data collector, as the case may be, may also include a statement of reasons for not adopting the requested amendment.
(Mar. 3, 1979, D.C. Law 2-136, § 505, 25 DCR 5055.)
Prior Codifications
1981 Ed., § 6-2045.
1973 Ed., § 6-1637.
Section References
This section is referenced in § 7-1207.01.
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 12 - Mental Health Information › Subchapter VI - Security › § 7–1206.01. Security requirement

§ 7–1206.01. Security requirement.
Mental health professionals, mental health facilities and data collectors shall maintain records of mental health information in a secure manner as to effectuate the purposes of this chapter. Any entity that receives mental health information shall have appropriate administrative, technical, and physical safeguards in place to protect the confidentiality of mental health information and shall promptly notify the Department of Mental Health in writing of any unauthorized disclosure or use of mental health information.
(Mar. 3, 1979, D.C. Law 2-136, § 601, 25 DCR 5055; Dec. 4, 2010, D.C. Law 18-273, § 204(d), 57 DCR 7171; Sept. 26, 2012, D.C. Law 19-171, § 53(b)(2), 59 DCR 6190.)
Prior Codifications
1981 Ed., § 6-2051.
1973 Ed., § 6-1638.
Effect of Amendments
D.C. Law 18-273 added the second sentence.
The 2012 amendment by D.C. Law 19-171 validated a previously made technical correction.
Emergency Legislation
For temporary (90 day) amendment of section, see § 204(d) of Data-Sharing and Information Coordination Emergency Amendment Act of 2010 (D.C. Act 18-530, August 6, 2010, 57 DCR 8099).
For temporary (90 day) amendment of section, see § 204(d) of Data-Sharing and Information Coordination Congressional Review Emergency Amendment Act of 2010 (D.C. Act 18-582, October 20, 2010, 57 DCR 10118).
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 12 - Mental Health Information › Subchapter VI - Security › § 7–1206.02. Notice requirement — Employees and agents with access to information

§ 7–1206.02. Notice requirement — Employees and agents with access to information.
Mental health professionals, mental health facilities and data collectors shall provide employees and agents who have lawful access to mental health information in the course of their employment with a written statement of the requirement of maintaining the security of records of mental health information and of the penalties provided in this chapter for unauthorized disclosure.
(Mar. 3, 1979, D.C. Law 2-136, § 602, 25 DCR 5055.)
Prior Codifications
1981 Ed., § 6-2052.
1973 Ed., § 6-1639.
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 12 - Mental Health Information › Subchapter VI - Security › § 7–1206.03. Notice Requirement — Clients in group sessions

§ 7–1206.03. Notice Requirement — Clients in group sessions.
Mental health professionals shall provide clients in a group session with a written statement of the prohibition against the unauthorized disclosure of mental health information and the penalties provided in this chapter for unauthorized disclosure.
(Mar. 3, 1979, D.C. Law 2-136, § 603, 25 DCR 5055.)
Prior Codifications
1981 Ed., § 6-2053.
1973 Ed., § 6-1640.
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 12 - Mental Health Information › Subchapter VII - Penalties › § 7–1207.01. Civil liability

§ 7–1207.01. Civil liability.
(a) Except for violations of § 7-1205.05(a), any person who negligently violates the provisions of this chapter shall be liable in an amount equal to the damages sustained by the client plus the costs of the action and reasonable attorney’s fees.
(b) Except for violations of § 7-1205.05(a), any person who willfully or intentionally violates the provisions of this chapter shall be liable in damages sustained by the client in an amount not less than $1,000 plus the costs of the action and reasonable attorney’s fees.
(c) Either party is entitled to trial by jury, upon request.
(Mar. 3, 1979, D.C. Law 2-136, § 701, 25 DCR 5055.)
Prior Codifications
1981 Ed., § 6-2061.
1973 Ed., § 6-1641.
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 12 - Mental Health Information › Subchapter VII - Penalties › § 7–1207.02. Criminal penalties

§ 7–1207.02. Criminal penalties.
(a) Except for violations of subchapter V of this chapter, any person who willfully violates the provisions of this chapter shall be guilty of a misdemeanor and such violator shall be fined not more than $1,000 or imprisoned for not more than 60 days, or both.
(b) Any person who knowingly obtains mental health information from a mental health professional, mental health facility or data collector, under false pretenses or through deception, shall be guilty of a misdemeanor and shall be fined not more than $5,000 or imprisoned not more than 90 days, or both.
(Mar. 3, 1979, D.C. Law 2-136, § 702, 25 DCR 5055.)
Prior Codifications
1981 Ed., § 6-2062.
1973 Ed., § 6-1642.
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 12 - Mental Health Information › Subchapter VIII - Miscellaneous Provisions › § 7–1208.01. Penalties under other laws

§ 7–1208.01. Penalties under other laws.
Any civil liability or criminal penalty imposed for violation of this chapter is, in addition to and not in lieu of, any civil or administrative remedy, penalty or sanction otherwise authorized by law. This chapter and the penalties prescribed for violations of this chapter shall not supersede but shall supplement all statutes of the District government and the United States government in which similar conduct is prohibited or regulated.
(Mar. 3, 1979, D.C. Law 2-136, § 801, 25 DCR 5055.)
Prior Codifications
1981 Ed., § 6-2071.
1973 Ed., § 6-1643.
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 12 - Mental Health Information › Subchapter VIII - Miscellaneous Provisions › § 7–1208.02. Prescriptions

§ 7–1208.02. Prescriptions.
Nothing in this chapter shall be construed as limiting or interfering with District of Columbia, state or federal regulation and monitoring of the handling and dispensing of prescription drugs.
(Mar. 3, 1979, D.C. Law 2-136, § 802, 25 DCR 5055.)
Prior Codifications
1981 Ed., § 6-2072.
1973 Ed., § 6-1644.
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 12 - Mental Health Information › Subchapter VIII - Miscellaneous Provisions › § 7–1208.03. Authority of the Commission on Mental Health

§ 7–1208.03. Authority of the Commission on Mental Health.
Nothing in this chapter shall be construed to apply to the operations of the Commission on Mental Health.
(Mar. 3, 1979, D.C. Law 2-136, § 803, 25 DCR 5055.)
Prior Codifications
1981 Ed., § 6-2073.
1973 Ed., § 6-1645.
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 12 - Mental Health Information › Subchapter VIII - Miscellaneous Provisions › § 7–1208.04. Prohibition against waiver

§ 7–1208.04. Prohibition against waiver.
Any consent or agreement purporting to waive the provisions of this chapter is hereby declared to be against public policy and void.
(Mar. 3, 1979, D.C. Law 2-136, § 804, 25 DCR 5055.)
Prior Codifications
1981 Ed., § 6-2074.
1973 Ed., § 6-1646.
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 12 - Mental Health Information › Subchapter VIII - Miscellaneous Provisions › § 7–1208.06. Conflict with federal law

§ 7–1208.06. Conflict with federal law.
Nothing in this chapter shall be construed or applied to necessarily require or excuse noncompliance with any provision of any federal law.
(Mar. 3, 1979, D.C. Law 2-136, § 806, 25 DCR 5055.)
Prior Codifications
1981 Ed., § 6-2075.
1973 Ed., § 6-1647.
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 12 - Mental Health Information › Subchapter VIII - Miscellaneous Provisions › § 7–1208.07. Effective date

§ 7–1208.07. Effective date.
The provisions of this chapter shall take effect pursuant to § 1-206.02(c)(1) and shall govern all mental health information regardless of when such information came into existence. However, the provisions of this chapter which create liabilities shall only apply to acts or failures to act which occur on or after the effective date.
(Mar. 3, 1979, D.C. Law 2-136, § 807(a), 25 DCR 5055.)
Prior Codifications
1981 Ed., § 6-2076.
1973 Ed., § 6-1648.
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 12A - Mental Health Consumers’ Rights Protection › § 7–1231.01. Short title

§ 7–1231.01. Short title.
This chapter may be cited as the “Mental Health Consumers’ Rights Protection Act of 2001”.
(Dec. 18, 2001, D.C. Law 14-56, § 201, 48 DCR 7674.)
Section References
This section is referenced in § 21-561 and § 21-563.
Emergency Legislation
For temporary (90 day) addition of section, see § 201 of Mental Health Service Delivery Reform Congressional Review Emergency Act of 2001 (D.C. Act 14-144, October 23, 2001, 48 DCR 9947).
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 12A - Mental Health Consumers’ Rights Protection › § 7–1231.03. Forensic consumers

§ 7–1231.03. Forensic consumers.
Nothing in this chapter is intended to abridge the rights of persons committed to the care of the Department by order of the court in a criminal proceeding.
(Dec. 18, 2001, D.C. Law 14-56, § 203, 48 DCR 7674.)
Emergency Legislation
For temporary (90 day) addition of section, see § 203 of Mental Health Service Delivery Reform Congressional Review Emergency Act of 2001 (D.C. Act 14-144, October 23, 2001, 48 DCR 9947).
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 12A - Mental Health Consumers’ Rights Protection › § 7–1231.05. Service planning

§ 7–1231.05. Service planning.
(a) Consumers shall have the right to meaningful participation in the development of their service plans, as well as the opportunity to participate in planning for their transition from one provider to another. Such service planning shall include the right to be informed about one’s own condition and legal status, and of proposed or current services, treatment, therapies, or other available alternatives. In the course of service planning, no individual mental health service or mental health support shall be conditioned upon agreement to accept another service or support.
(b) Beginning at least one year before a consumer transitions into the system of care for adults, or sooner if required under applicable law such as IDEA, a youth’s Individual Plan of Care shall be revised to include a statement regarding the needed transition services for the youth, including, if appropriate, a statement of the interagency responsibilities or any needed linkages with other services and supports.
(c) The opportunities for participation in service planning described in this section shall extend to the consumer’s family members or personal representative if the consumer so requests orally or in writing. Family members or personal representatives who are participating in the consumer’s service planning, and to whom the consumer has authorized the release of information in accordance with Chapter 12 of this title, shall be notified whenever there is a substantial change in the consumer’s services or placement.
(d) The consumer may revoke his or her consent to the participation or authorization for notification described in subsection (c) of this section at any time.
(e) The Department, or other providers as appropriate, shall be responsible for ensuring that a consumer’s service plan is implemented.
(Dec. 18, 2001, D.C. Law 14-56, § 205, 48 DCR 7674.)
Emergency Legislation
For temporary (90 day) addition of section, see § 205 of Mental Health Service Delivery Reform Congressional Review Emergency Act of 2001 (D.C. Act 14-144, October 23, 2001, 48 DCR 9947).
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 12A - Mental Health Consumers’ Rights Protection › § 7–1231.10. Information privacy

§ 7–1231.10. Information privacy.
(a) Consumers shall be informed of their right to access their mental health information records and may request correction of inaccurate information contained in the records in accordance with Chapter 12 of this title.
(b) Information and records about a consumer’s mental health services and mental health supports shall be treated confidentially in accordance with Chapter 12 of this title.
(Dec. 18, 2001, D.C. Law 14-56, § 210, 48 DCR 7674.)
Emergency Legislation
For temporary (90 day) addition of section, see § 210 of Mental Health Service Delivery Reform Congressional Review Emergency Act of 2001 (D.C. Act 14-144, October 23, 2001, 48 DCR 9947).
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 12A - Mental Health Consumers’ Rights Protection › § 7–1231.11. Evaluation of mental health services and supports

§ 7–1231.11. Evaluation of mental health services and supports.
Consumers shall have an opportunity to participate in periodic evaluation of mental health services and mental health supports, including evaluation of providers. The opportunity shall extend to members of the consumer’s family or personal representative.
(Dec. 18, 2001, D.C. Law 14-56, § 211, 48 DCR 7674.)
Emergency Legislation
For temporary (90 day) addition of section, see § 211 of Mental Health Service Delivery Reform Congressional Review Emergency Act of 2001 (D.C. Act 14-144, October 23, 2001, 48 DCR 9947).
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 12A - Mental Health Consumers’ Rights Protection › § 7–1231.13. Retention of civil rights

§ 7–1231.13. Retention of civil rights.
Consumers shall be presumed legally competent and retain all civil rights, unless otherwise limited by order of the court. As used in this section, the term “civil rights” shall include, but not be limited to, the rights to:
(1) Contract;
(2) Hold a professional, occupational, or motor vehicle driver’s license;
(3) Marry or enter into a domestic partnership, or obtain a divorce, annulment, or dissolution of marriage or a termination of a domestic partnership in accordance with § 32-702(d), or § 16-904(e).
(4) Make a will;
(5) Hold or dispose of property;
(6) Vote;
(7) Sue and be sued;
(8) Serve on a jury; and
(9) Enjoy all benefits and privileges guaranteed by law.
(Dec. 18, 2001, D.C. Law 14-56, § 213, 48 DCR 7674; Sept. 12, 2008, D.C. Law 17-231, § 17(b), 55 DCR 6758; Apr. 9, 2016, D.C. Law 21-105, § 4(a), 63 DCR 217.)
Effect of Amendments
D.C. Law 17-231 rewrote par. (3), which had read as follows: “(3) Marry or obtain a divorce, annulment, or dissolution of marriage;”.
Emergency Legislation
For temporary (90 day) addition of section, see § 213 of Mental Health Service Delivery Reform Congressional Review Emergency Act of 2001 (D.C. Act 14-144, October 23, 2001, 48 DCR 9947).
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 12A - Mental Health Consumers’ Rights Protection › § 7–1231.14a. Prohibition on sexual orientation change efforts for minors and consumers under a conservatorship or guardianship

§ 7–1231.14a. Prohibition on sexual orientation change efforts for minors and consumers under a conservatorship or guardianship.
(a) A provider shall not engage in sexual orientation change efforts with a consumer who is a minor, or a consumer, regardless of age, for whom a conservator or guardian has been appointed.
(b) A violation of subsection (a) of this section shall be considered a failure to conform to acceptable conduct within the mental health profession under § 3-1205.14(a)(26) and shall subject a provider to discipline and penalties under § 3-1205.14(c).
(c) For the purposes of this section, the term:
(1) "Conservator" shall have the same meaning as provided in § 21-2401.02(2).
(2) "Guardian" shall have the same meaning as provided in § 21-2401.02(3).
(Dec. 18, 2001, D.C. Law 14-56, § 214a; as added Mar. 11, 2015, D.C. Law 20-218, § 2(b), 62 DCR 7; Mar. 13, 2019, D.C. Law 22-247, § 2, 66 DCR 971.)
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 12A - Mental Health Consumers’ Rights Protection › § 7–1231.15. Enforcement

§ 7–1231.15. Enforcement.
Rights and protections provided in this chapter shall not be construed to create new causes of action for monetary damages beyond those that currently exist in federal and local law.
(Dec. 18, 2001, D.C. Law 14-56, § 215, 48 DCR 7674.)
Cross References
Health-care assistance reimbursement, set-off, see § 4-603.
Nursing homes and community residence facilities protections, receivers, powers and duties, see § 44-1002.06.
Emergency Legislation
For temporary (90 day) addition of section, see § 215 of Mental Health Service Delivery Reform Congressional Review Emergency Act of 2001 (D.C. Act 14-144, October 23, 2001, 48 DCR 9947).
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 12B - Maternal Mental Health Task Force. [Not Funded] › § 7–1233.01. Definitions. [Repealed]

§ 7–1233.01. Definitions. [Repealed]
Repealed.
(July 17, 2018, D.C. Law 22-139, § 101, 65 DCR 5966; Nov. 13, 2021, D.C. Law 24-45, § 7164, 68 DCR 010163.)
Applicability
Applicability of D.C. Law 22-139: § 201 of D.C. Law 22-139 provided that the creation of this section by § 101 of D.C. Law 22-139 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 12B - Maternal Mental Health Task Force. [Not Funded] › § 7–1233.02. Maternal Mental Health Task Force. [Repealed]

§ 7–1233.02. Maternal Mental Health Task Force. [Repealed]
Repealed.
(July 17, 2018, D.C. Law 22-139, § 102, 65 DCR 5966; Nov. 13, 2021, D.C. Law 24-45, § 7164, 68 DCR 010163.)
Applicability
Applicability of D.C. Law 22-139: § 201 of D.C. Law 22-139 provided that the creation of this section by § 102 of D.C. Law 22-139 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 12C - Perinatal Mental Health Task Force › § 7–1234.01. Definitions

§ 7–1234.01. Definitions.
For the purposes of this chapter, the term:
(1) "Certified midwife" shall have the same meaning as provided in § 3-1201.01(1B-i).
(2) "Certified nurse-midwife" shall have the same meaning as provided in § 3-1201.01[(1C)].
(3) "Certified professional midwife" shall have the same meaning as provided in § 3-1201.01[(1D)].
(4) "Culturally congruent" means care or maternity care that is in agreement with the preferred cultural values, beliefs, worldview, language, and practices of the health care consumer and other stakeholders.
(5) "Doula" shall have the same meaning as provided in § 3-1201.01(6C).
(6) "Home visiting program" means an entity that:
(A) Supports expectant parents and parents or legal guardians with infants, toddlers, and children between 3 and 5 years of age; and
(B) Provides access to health, social, and educational services through weekly or monthly home visits to promote positive child health and development outcomes, including healthy home environments, healthy birth outcomes, and a reduction in adverse childhood experiences.
(7) "Perinatal period" means the period of pregnancy and one year thereafter during which time perinatal mood and anxiety disorders are typically diagnosed.
(8) "Postpartum recovery" shall have the same meaning as provided in § 2-1515.51(5).
(9) "Task Force" means the Perinatal Mental Health Task Force established by § 7-1234.02.
(10) "Vulnerable populations" means populations at risk of or living with undiagnosed, underserved, untreated, or undertreated perinatal mood and anxiety disorders.
(Sept. 21, 2022, D.C. Law 24-167, § 5042, 69 DCR 009223.)
Emergency Legislation
For temporary (90 days) creation of this section, see § 5042 of Fiscal Year 2023 Budget Support Emergency Act of 2022 (D.C. Act 24-470, July 13, 2022, 69 DCR 008707).
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 13 - Citizens with Intellectual Disabilities › Subchapter I - Statement of Purpose; Definitions › § 7–1301.01. [Reserved]

§ 7–1301.01. [Reserved].
Section References
This section is referenced in § 21-1114, § 21-1115, § 21-2002, and § 21-2203.
Editor's Notes
Section 17(a) of D.C. Law 19-210 substituted “Citizens with Intellectual Disabilities” for “Mentally Retarded Persons” in the subtitle heading.
Section 17(b) of D.C. Law 19-210 substituted “Rights of Citizens with Intellectual Disabilities” for “Mentally Retarded Citizens” in the chapter heading.
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 13 - Citizens with Intellectual Disabilities › Subchapter II - Determination of Need for Mental Retardation Facilities and Services in the District › § 7–1302.01. Determination of need for mental retardation facilities and services in the District. [Repealed]

§ 7–1302.01. Determination of need for mental retardation facilities and services in the District. [Repealed]
Repealed.
(Mar. 3, 1979, D.C. Law 2-137, § 201, 25 DCR 5094; Sept. 26, 1995, D.C. Law 11-52, § 506 (c), 42 DCR 3684.)
Prior Codifications
1981 Ed., § 6-1911.
1973 Ed., § 6-1653.
Cross References
Rights of mentally retarded citizens, commitment proceedings, see § 7-1304.01.
Rights of mentally retarded citizens, effective date of chapter, see § 7-1306.05.
Emergency Legislation
For temporary repeal of section, see § 505(c) of the Multiyear Budget Spending Reduction and Support Emergency Act of 1994 (D.C. Act 10-389, December 29, 1994, 42 DCR 197).
For temporary repeal of section, see § 506(c) of the Omnibus Budget Support Congressional Review Emergency Act of 1995 (D.C. Act 11-124, July 27, 1995, 42 DCR 4160).
Temporary Legislation
For temporary (225 day) repeal of section, see § 505(c) of Multiyear Budget Spending Reduction and Support Temporary Act of 1995 (D.C. Law 10-253, March 23, 1995, law notification 42 DCR 1652).
Transfer of Functions
The functions of the Department of Transportation were transferred to the Department of Public Works by Reorganization Plan No. 4 of 1983, effective March 1, 1984.
The functions of the Department of General Services were transferred, in part, to the Department of Public Works by Reorganization Plan No. 4 of 1983, effective March 1, 1984, and transferred, in part, to the Department of Administrative Services by Reorganization Plan No. 5 of 1983, effective March 1, 1984.
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 13 - Citizens with Intellectual Disabilities › Subchapter III - Commitments › § 7–1303.01. Competence of individual to refuse commitment

§ 7–1303.01. Competence of individual to refuse commitment.
(a) Repealed.
(b) The Court may commit a person pursuant to § 7-1304.06a irrespective of the person's competence to refuse such commitment.
(Mar. 3, 1979, D.C. Law 2-137, § 301, 25 DCR 5094; Oct. 17, 2002, D.C. Law 14-199, § 2(b), 49 DCR 7647; Apr. 24, 2007, D.C. Law 16-305, § 26(c), 53 DCR 6198; Sept. 26, 2012, D.C. Law 19-169, § 17(e), 59 DCR 5567; May 5, 2018, D.C. Law 22-93, § 201(c)(2), 65 DCR 2823.)
Prior Codifications
1981 Ed., § 6-1921.
1973 Ed., § 6-1654.
Effect of Amendments
D.C. Law 14-199 redesignated the section as subsec. (a); in subsec. (a), substituted “Except as provided in subsection (b) of this section, no individual” for “No individual”; and added subsec. (b).
D.C. Law 16-305, in subsec. (a), substituted “has or is believed to have mental retardation” for “is or is believed to be mentally retarded”.
The 2012 amendment by D.C. Law 19-169 substituted “an intellectual disability” for “mental retardation” in (a).
Applicability
Section 401 of D.C. Law 22-93 provided that the amendments made to this section by Law 22-93 shall apply 90 days after May 5, 2018.
Emergency Legislation
For temporary (90 day) amendment of section, see § 2(b) of Civil Commitment of Citizens with Mental Retardation Emergency Amendment Act of 2002 (D.C. Act 14-383, June 12, 2002, 49 DCR 5701).
For temporary (90 day) amendment of section, see § 2(b) of Civil Commitment of Citizens with Mental Retardation Legislative Review Emergency Amendment Act of 2002 (D.C. Act 14-454, July 23, 2002, 49 DCR 8096).
Editor's Notes
Section 35 of D.C. Law 19-169 provided that no provision of the act shall impair any right or obligation existing under law.
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 13 - Citizens with Intellectual Disabilities › Subchapter III - Commitments › § 7–1303.02. Voluntary admission. [Repealed]

§ 7–1303.02. Voluntary admission. [Repealed]
Repealed.
(Mar. 3, 1979, D.C. Law 2-137, § 302, 25 DCR 5094; Sept. 26, 1995, D.C. Law 11-52, § 506(d), 42 DCR 3684; Apr. 24, 2007, D.C. Law 16-305, § 26(d), 53 DCR 6198; Sept. 26, 2012, D.C. Law 19-169, § 17(f), 59 DCR 5567; May 5, 2018, D.C. Law 22-93, § 201(c)(3), 65 DCR 2823.)
Prior Codifications
1981 Ed., § 6-1922.
1973 Ed., § 6-1655.
Section References
This section is referenced in § 7-1304.02, § 7-1304.09, § 7-1304.13, and § 7-1305.04.
Effect of Amendments
D.C. Law 16-305, in subsec. (a), substituted “has mental retardation, may have mental retardation, or has been diagnosed with mental retardation” for “is, may be, or has been diagnosed mentally retarded”.
The 2012 amendment by D.C. Law 19-169 substituted “an intellectual disability” for “mental retardation” wherever it appears in (a).
Applicability
Section 401 of D.C. Law 22-93 provided that the amendments made to this section by Law 22-93 shall apply 90 days after May 5, 2018.
Emergency Legislation
For temporary amendment of section, see § 505(d) of the Multiyear Budget Spending Reduction and Support Emergency Act of 1994 (D.C. Act 10-389, December 29, 1994, 42 DCR 197).
Temporary Legislation
For temporary (225 day) amendment of section, see § 505(d) of Multiyear Budget Spending Reduction and Support Temporary Act of 1995 (D.C. Law 10-253, March 23, 1995, law notification 42 DCR 1652).
Editor's Notes
Section 35 of D.C. Law 19-169 provided that no provision of the act shall impair any right or obligation existing under law.
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 13 - Citizens with Intellectual Disabilities › Subchapter III - Commitments › § 7–1303.03. Application by individual for out-patient nonresidential habilitation. [Repealed]

§ 7–1303.03. Application by individual for out-patient nonresidential habilitation. [Repealed]
Repealed.
(Mar. 3, 1979, D.C. Law 2-137, § 303, 25 DCR 5094; Mar. 14, 2007, D.C. Law 16-264, § 301(b), 54 DCR 818; Apr. 24, 2007, D.C. Law 16-305, § 26(e), 53 DCR 6198; Sept. 26, 2012, D.C. Law 19-169, § 17(g), 59 DCR 5567; May 5, 2018, D.C. Law 22-93, § 201(c)(4), 65 DCR 2823.)
Prior Codifications
1981 Ed., § 6-1923.
1973 Ed., § 6-1656.
Effect of Amendments
D.C. Law 16-264 substituted “Department on Disability Services” for “Department of Human Services” throughout the section.
D.C. Law 16-305 substituted “has mental retardation, may have mental retardation, or has been diagnosed with mental retardation” for “is, may be, or has been diagnosed mentally retarded”.
The 2012 amendment by D.C. Law 19-169 substituted “an intellectual disability” for “mental retardation” wherever it appears in the section.
Applicability
Section 401 of D.C. Law 22-93 provided that the amendments made to this section by Law 22-93 shall apply 90 days after May 5, 2018.
Emergency Legislation
For temporary (90 day) amendment of section, see § 301(b) of Developmental Disabilities Services Management Reform Emergency Amendment Act of 2006 (D.C. Act 16-672, December 28, 2006, 54 DCR 1155).
Editor's Notes
Section 35 of D.C. Law 19-169 provided that no provision of the act shall impair any right or obligation existing under law.
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 13 - Citizens with Intellectual Disabilities › Subchapter III - Commitments › § 7–1303.05. Application by parent or guardian for nonresidential habilitation. [Repealed]

§ 7–1303.05. Application by parent or guardian for nonresidential habilitation. [Repealed]
Repealed.
(Mar. 3, 1979, D.C. Law 2-137, § 305, 25 DCR 5094; Mar. 14, 2007, D.C. Law 16-264, § 301(d), 54 DCR 818; Apr. 24, 2007, D.C. Law 16-305, § 26(g), 53 DCR 6198; Sept. 26, 2012, D.C. Law 19-169, § 17(i), 59 DCR 5567; May 5, 2018, D.C. Law 22-93, § 201(c)(6), 65 DCR 2823.)
Prior Codifications
1981 Ed., § 6-1925.
1973 Ed., § 6-1658.
Effect of Amendments
D.C. Law 16-264 substituted “Department on Disability Services” for “Department of Human Services” throughout the section.
D.C. Law 16-305 substituted “have mental retardation” for “be mentally retarded”.
The 2012 amendment by D.C. Law 19-169 substituted “an intellectual disability” for “mental retardation” in the first sentence.
Applicability
Section 401 of D.C. Law 22-93 provided that the amendments made to this section by Law 22-93 shall apply 90 days after May 5, 2018.
Emergency Legislation
For temporary (90 day) amendment of section, see § 301(d) of Developmental Disabilities Services Management Reform Emergency Amendment Act of 2006 (D.C. Act 16-672, December 28, 2006, 54 DCR 1155).
Editor's Notes
Section 35 of D.C. Law 19-169 provided that no provision of the act shall impair any right or obligation existing under law.