Section 25

Right to access medical records.

The Mental Healthcare Act, 2017

  • Act 10 of 2017
  • Ministry of Health and Family Welfare
  • Department of Health and Family Welfare
About this Act

An Act to provide for mental healthcare and services for persons with mental illness and to protect, promote and fulfil the rights of such persons during delivery of mental healthcare and services and for matters connected therewith or incidental thereto.

All sections
    (1) All persons with mental illness shall have the right to access their basic medical records as may be prescribed.
     (2) The mental health professional in charge of such records may withhold specific information in the medical records if disclosure would result in,—
         (a) serious mental harm to the person with mental illness; or
         (b) likelihood of harm to other persons.
     (3) When any information in the medical records is withheld from the person, the mental health professional shall inform the person with mental illness of his right to apply to the concerned Board for an order to release such information.

Source: India Code (Legislative Department, Govt. of India). Check the official Gazette before relying on it in court. Not legal advice. Free legal aid: 15100 (NALSA) · Know your rights

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