Who can see my mental health records?

3. Understand what happens if you’re detained

If you're , or held against your will, in a or in jail, your mental health information can be shared without your permission.

Psychiatric facility

If you're taken to a psychiatric facility against your will, your can share your mental health information with staff at the facility.

They share your information to help staff there assess and treat you. Their goal is usually to help you improve your health so you can go back home.

You can be held against your will at a psychiatric facility when, for example:

  • a doctor signs a Form 1 for you so that another doctor at the facility can examine you and decide if you need to stay there or if you can go home
  • a judge orders you there during a criminal case so that a doctor can examine you and decide if you're of being part of the criminal court process

In these situations, your health-care provider can give the facility your information even if you don't give permission.

If you're taken to a psychiatric facility against your will, you also have the right to talk to a Rights Adviser. A Rights Adviser is a person who helps you understand your health-care rights. But to be able to do this, they may need your mental health . Your health-care provider can share your information with the Rights Adviser without your permission.

If you're a patient in a psychiatric facility and need help finding a Rights Adviser, you can contact the Psychiatric Patient Advocate Office at 1-800-578-2343.

Jail

Your health-care provider can share your mental health information with the person in charge of the jail or place where you're being detained without your permission.

They share your information to make sure that you get the and support that you need.

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