DHS 92.04(13)(13) Between a social services department and a 51 board. DHS 92.04(13)(a)(a) Limited confidential information may be released between a social service department and a 51-board, but only as authorized under s. 51.30 (4) (b) 15., Stats. DHS 92.04(13)(b)(b) Limited confidential information regarding alcohol and drug abuse patients may be released between a social services department and a 51-board only with the patient’s informed consent as authorized under 42 CFR 2.31 and with a qualified service agreement under 42 CFR 2.11 (n) and (p). DHS 92.04(14)(14) Between sub-units of a human services department and between the human services department and contracted service providers. Confidential information may be exchanged between sub-units of a human services department, which is the administrative staff of a board organized under s. 46.23, Stats., and between the human services department and service providers under contract to the human services department, as authorized under s. 46.23 (3) (e), Stats. DHS 92.04(15)(15) Release to law enforcement officers. Release of limited confidential information to law enforcement officers without a patient’s informed consent is permitted only to enable a law enforcement officer to take charge of and return a patient on unauthorized absence from the treatment facility, pursuant to s. 51.39, Stats., to enable a law enforcement officer to determine if an individual is on unauthorized absence from the treatment facility, pursuant to s. 51.30 (4) (cm), Stats., or by order of a court. DHS 92.04(15)(a)(a) The treatment director may disclose only the following information to the law enforcement officer acting pursuant to s. 51.39, Stats.: DHS 92.04(15)(a)3.3. Addresses and phone numbers of relatives or other persons who might be contacted by the patient; and DHS 92.04(15)(a)4.4. Any other information determined by the treatment director to be of assistance in locating the patient, including advice regarding any potential danger involved in taking custody of the patient. DHS 92.04(15)(b)(b) Any access by law enforcement officers to confidential records other than as provided for in par. (a) and s. 51.30 (4) (cm), Stats., requires a court order. DHS 92.04(15)(b)2.2. A subpoena, unless signed by a judge of a court of record, does not authorize disclosure of treatment records. DHS 92.04(15)(c)(c) Access to treatment records is not authorized for any local, state or federal investigatory agency conducting pre-employment or other clearances or investigating crimes unless the agency presents a statement signed by the patient giving informed consent or a court order. DHS 92.04(15)(d)(d) Access by law enforcement authorities, when allowed pursuant to informed consent or court order, shall always pertain to a specific situation or case. In any situation involving court orders which appear to give authorization for broad or blanket access to records, the treatment director, the program director or the secretary of the department or designee shall seek appropriate legal counsel before disclosing any records. DHS 92.04(16)(16) Unauthorized absence. Information from treatment records of patients admitted under s. 971.14 or 971.17, Stats., or under ch. 975, Stats., or transferred under s. 51.35 (3) or 51.37, Stats., and who are on unauthorized absence from a treatment facility, may be released only as authorized under s. 51.30 (4) (b) 12m., Stats. DHS 92.04 HistoryHistory: Cr. Register, May, 1984, No. 341, eff. 6-1-84; corrections in (2) (b), (15) (intro.) and (b) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; CR 20-067: am. (11) (a) Register December 2021 No. 792, eff. 1-1-22. DHS 92.05DHS 92.05 Patient access to treatment records. DHS 92.05(1)(a)(a) Every patient shall have access to his or her treatment records during treatment to the extent authorized under s. 51.30 (4) (d) 1., Stats., and this subsection. DHS 92.05(1)(b)(b) The treatment facility director or designee may only deny access to treatment records other than records of medication and somatic treatment. DHS 92.05(1)(b)1.1. Denial may be made only if the director has reason to believe that the benefits of allowing access to the patient are outweighed by the disadvantages of allowing access. DHS 92.05(1)(b)2.2. The reasons for any restriction shall be entered into the treatment record. DHS 92.05(1)(c)(c) Each patient, patient’s guardian and parent of a minor patient shall be informed of all rights of access upon admission or as soon as clinically feasible, as required under s. 51.61 (1) (a), Stats., and upon discharge as required under s. 51.30 (4) (d) 4., Stats. If a minor is receiving alcohol or other drug abuse treatment services, the parents shall be informed that they have a right of access to the treatment records only with the minor’s consent or in accordance with 42 CFR 2.15. DHS 92.05(1)(d)(d) The secretary of the department or designee, upon request of a director, may grant variances from the notice requirements under par. (c) for units or groups or patients who are unable to understand the meaning of words, printed material or signs due to their mental condition but these variances shall not apply to any specific patient within the unit or group who is able to understand. Parents or guardians shall be notified of any variance. DHS 92.05(2)(2) Access after discharge for inspection of treatment records. DHS 92.05(2)(a)(a) After discharge from treatment, a patient shall be allowed access to inspect all of his or her treatment records with one working day notice to the treatment facility, board or department, as authorized under s. 51.30 (4) (d) 3., Stats., and this subsection. DHS 92.05(2)(b)(b) A patient making a request to inspect his or her records shall not be required to specify particular information. Requests for “all information” or “all treatment records” shall be acceptable. DHS 92.05(2)(c)(c) When administrative rules or accreditation standards permit the treatment facility to take up to 15 days or some other specified period after discharge to complete the discharge summary, the discharge summary need not be provided until it is completed in accordance with those rules or standards.