Section 7.08. Records.

 

(1)   Custodian. All records relating to the procedure including applications for participation, agreements for participation and reports of participation shall be maintained in the custody of the department secretary or the secretary's designee.

(2)   Availability of procedure records for public inspection. Any requests to inspect procedure records shall be made to the custodian. The custodian shall evaluate each request on a case by case basis using the applicable law relating to open records and giving appropriate weight to relevant factors in order to determine whether public interest in nondisclosure outweighs the public interest in access to the records, including the reputational interests of the credential holder, the importance of confidentiality to the functional integrity of the procedure, the existence of any promise of confidentiality, statutory or common law rules which accord a status of confidentiality to the records and the likelihood that release of the records will impede an investigation. The fact of a credential holder's participation in the procedure and the status of that participation may be disclosed to credentialing authorities of other jurisdictions.

(3)   Treatment records. Treatment records concerning individuals who are receiving or who at any time have received services for mental illness, developmental disabilities, alcoholism, or drug dependence which are maintained by the department, by county departments under s. 51.42 or 51.437 , Stats., and their staffs and by treatment facilities are confidential under s. 51.30 , Stats., and shall not be made available for public inspection.

(4)   Patient health care records. Patient health care records are confidential under s. 146.82 , Stats., and shall not be made available to the public without the informed consent of the patient or of a person authorized by the patient or as provided under s. 146.82 (2) , Stats.

History: Cr. Register, January, 1991, No. 421 , eff. 2-1-91; am. (2), Register, July, 1996, No. 487 , eff. 8-1-96; CR 10-081 : am. (2) Register December 2010 No. 660 , eff. 1-1-11.