2005 West Virginia Code - §48-26-701. — Confidentiality.

PART 7. CONFIDENTIALITY.

§48-26-701. Confidentiality.
(a) No program or shelter receiving funds pursuant to this article shall disclose or be compelled to disclose, release or be compelled to release any written records created or maintained in providing services pursuant to this article except:
(1) Upon written consent of the person seeking or who has sought services from the program or the shelter;
(2) In any proceeding brought under sections four and five, article six, chapter nine of this code or article six, chapter forty-nine of this code;
(3) As mandated by article six-a, chapter forty-nine and article six, chapter nine of this code;
(4) Pursuant to an order of any court based upon a finding that said information is sufficiently relevant to a proceeding before the court to outweigh the importance of maintaining the confidentiality established by this section;
(5) To protect against a clear and substantial danger of imminent injury by a client to himself or herself or another;
(6) For treatment or internal review purposes to the staff of any program or shelter if the client is also being cared for by other health professionals in the program or shelter.
(b) No consent or authorization for the transmission or disclosure of confidential information shall be effective unless it is in writing and signed by the client. Every person signing an authorization shall be given a copy.

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