HARRY HUGHES, Governor

363

THE FACILITY SHALL GIVE THE MENTALLY RETARDED INDIVIDUAL OR
THE GUARDIAN OF THE PERSON INFORMATION ABOUT THE DIAGNOSIS,
TREATMENT, AND PROGNOSIS OF THE MENTALLY RETARDED
INDIVIDUAL.

(2) THE INFORMATION SHALL BE COMPLETE AND
CURRENT AND STATED IN LANGUAGE THAT THE INDIVIDUAL
REASONABLY CAN BE EXPECTED TO UNDERSTAND.

(D)  PARTICIPATION IN PLANNING.

(1)  UNLESS IT IS MEDICALLY INADVISABLE, A
MENTALLY RETARDED INDIVIDUAL OR THE GUARDIAN OF THE PERSON:

(I)  SHALL PARTICIPATE IN THE PLANNING OF
THE MEDICAL TREATMENT;

(II)  MAY REFUSE MEDICATION OR TREATMENT;
AND

(III)  MAY KNOW THE MEDICAL CONSEQUENCES OF
THESE ACTIONS.

(2)  THE FACILITY SHALL KEEP A WRITTEN
ACKNOWLEDGMENT OF THE MENTALLY RETARDED INDIVIDUAL OR
GUARDIAN THAT THE MEDICAL CONSEQUENCES ARE KNOWN.

(E)  CONFIDENTIAL INFORMATION.

(1)  ANY CASE DISCUSSION, CONSULTATION,
EXAMINATION, OR MEDICAL TREATMENT OF A MENTALLY RETARDED
INDIVIDUAL:

(I)  IS CONFIDENTIAL; AND

(II)  IS NOT OPEN TO AN INDIVIDUAL WHO IS
NOT INVOLVED DIRECTLY IN THE TREATMENT OF THE MENTALLY
RETARDED INDIVIDUAL UNLESS THE MENTALLY RETARDED INDIVIDUAL
OR THE GUARDIAN OF THE PERSON PERMITS THE INDIVIDUAL TO BE
PRESENT.

(2)  EXCEPT AS NECESSARY FOR THE TRANSFER OF A
MENTALLY RETARDED INDIVIDUAL FROM ONE HEALTH CARE
INSTITUTION TO ANOTHER OR AS REQUIRED BY LAW OR A THIRD
PARTY PAYMENT CONTRACT, THE PERSONAL, MEDICAL,
PSYCHOLOGICAL, AND INDIVIDUAL TREATMENT AND DEVELOPMENT
INFORMATION ABOUT A MENTALLY RETARDED INDIVIDUAL IS
CONFIDENTIAL AND MAY NOT BE RELEASED WITHOUT THE CONSENT OF
THE MENTALLY RETARDED INDIVIDUAL OR THE GUARDIAN OF THE
PERSON TO ANY INDIVIDUAL WHO:

(I)  IS NOT ASSOCIATED WITH A FACILITY; OR

(II)  IS ASSOCIATED WITH A FACILITY, BUT
DOES NOT HAVE A DEMONSTRATED NEED FOR THE INFORMATION.