BLAIR LEE III, Acting Governor                           2397

     (E) FOR THE PURPOSES OF THIS SECTION, THE PARENT OF A

MINOR, OR THE LEGAL GUARDIAN OF ANY INDIVIDUAL ADJUDICATED

INCOMPETENT, OR AN ATTORNEY AUTHORIZED BY THE PERSON, OR THE

MINOR'S PARENTS, OR THE LEGAL GUARDIAN OF THE INCOMPETENT

PERSON MAY ACT ON BEHALF OF THE MENTALLY RETARDED PERSON.

(E) FOR THE PURPOSES OF THIS SECTION THE FOLLOWING
PERSONS MAY ACT ON BEHALF OF AND BE TREATED BY A FACILITY AS
THE AUTHORIZED REPRESENTATIVE OF A MENTALLY RETARDED PERSON:

(1) THE PARENT OR LEGAL GUARDIAN OF A PERSON
UNDER AGE EIGHTEEN, OR THE PARENT OR LEGAL GUARDIAN OF AN
ADULT PERSON RESIDING IN A FACILITY UNLESS THE ADULT PERSON
REQUESTS THAT HIS PARENTS OR LEGAL GUARDIAN NOT BE ALLOWED
TO ACT ON HIS BEHALF; OR

(2) ANY ATTORNEY OR OTHER INDIVIDUAL AUTHORIZED
BY THE PERSON OR BY INDIVIDUALS AUTHORIZED TO ACT ON HIS
BEHALF UNDER SUBSECTIONS (E) (1) OR (E)(2).

(F)    EXCEPT FOR DISCLOSURES MADE UNDER SUBSECTION (C)
(D)(3), THE FACILITY SHALL KEEP AN ACCURATE ACCOUNTING OF
THE DATE, NATURE, AND PURPOSE OF EACH DISCLOSURE AND THE
NAME AND ADDRESS OF THE PERSON, INDIVIDUAL, OR AGENCY TO
WHOM THE DISCLOSURE IS MADE.

(G)    (1) THE DIRECTOR SHALL BE ACCOUNTABLE FOR THE

PROTECTION OF RECORDS MAINTAINED BY EACH FACILITY.

(2) (1) THE DIRECTOR SHALL INFORM ALL

FACILITIES RESPONSIBLE FOR THE MAINTENANCE OF    RECORDS OF THE

REQUIREMENTS OF SECTION 17, AND SHALL REQUIRE    ALL FACILITIES
TO COMPLY WITH SECTION 17.

(3) (2) THE DIRECTOR SHALL EVALUATE YEARLY
EACH FACILITY'S POLICIES AND PROCEDURES WITH REGARD TO THE
MAINTENANCE OF RECORDS.

(H) IN ADDITION TO ANY DAMAGES WHICH ARE RECOVERABLE
IN LAW OR EQUITY, A PERSON WHOSE RECORDS ARE DISCLOSED
CONTRARY TO THE PROVISIONS OF THIS SECTION SHALL HAVE A
RIGHT AGAINST THE CUSTODIAN OF THE RECORDS TO PUNITIVE
DAMAGES IN AN AMOUNT NOT TO EXCEED $500 PLUS REASONABLE
ATTORNEY'S FEES.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act
shall take effect January 1, 1979.

Approved May 29, 1978.

CHAPTER 816
(Senate Bill 655)