# Situation: The nurse supervisor of a mental health facility is reviewing ward practices to be sure they comply with the Mental Health Act (Republic Act [RA] 11036). The supervisor reviews four requests for information about service users who have not consented to its release. Which request may be answered under RA 11036?

> source: MyMerci (mymerci.kr)  
> url: https://mymerci.kr/pages/nclex_q.php?qn_id=630068  
> language: ko  
> subject: Nursing Practice V — Care of Clients with Maladaptive Patterns of Behavior; Care of Clients with Life-Threatening Conditions, Acute Multi-Organ Problems, High Acuity and Emergency Situations

## 문제

Situation: The nurse supervisor of a mental health facility is reviewing ward practices to be sure they comply with the Mental Health Act (Republic Act [RA] 11036).

The supervisor reviews four requests for information about service users who have not consented to its release. Which request may be answered under RA 11036?

## 보기

1. A social worker asks about a 13-year-old whom staff believe is abused **✔ 정답**
2. A graduate student asks for charts to use in a thesis on relapse
3. A school principal asks for a 15-year-old's diagnosis to adjust her classes
4. An employer asks whether a 30-year-old client is fit to return to work

**정답: 1**

## 해설

RA 11036 allows disclosure without consent only in listed situations: when required by law or a court order, in a life-threatening emergency, when there is reason to believe a minor is a victim of child abuse, and in proceedings involving the care providers. Answering the social worker about suspected abuse of a minor client falls within these exceptions; school planning, an employer's return-to-work check, and research do not.

## 심화 해설

Disclosure without consent only in listed situations
RA 11036, the Mental Health Act, protects the confidentiality of information about service users. Information may be disclosed without consent only in specific situations: when required by law or a court order, in a life-threatening emergency, when there is reason to believe a minor is a victim of child abuse, and in proceedings involving the care providers. A social worker asking about a 13-year-old whom staff believe is abused falls within the child abuse exception, so this request may be answered. The disclosure should still be limited to what is necessary to protect the child.

| Request | Exception under RA 11036? | Reason |
| --- | --- | --- |
| Social worker about a 13-year-old believed abused | Yes | Suspected abuse of a minor |
| Graduate student for a thesis | No | Research needs consent and ethics approval |
| School principal about a 15-year-old's diagnosis | No | Being a minor does not permit disclosure to a school |
| Employer about return to work | No | Needs the client's consent |

Why the other requests must be declined
Using identifiable charts for a graduate thesis requires the service user's consent and approval from a research ethics committee; academic purpose is not an exception. A school principal's wish to adjust classes is understandable, but being a minor does not by itself permit disclosure of a diagnosis to a school; any sharing requires proper consent. An employer's request about fitness to return to work is also not an exception; the client may choose to authorize a limited fitness statement, but the nurse cannot release information on the employer's request alone.

Applying the rule in practice
When a request arrives, the nurse first checks whether there is valid consent. If there is none, the nurse asks whether the situation fits one of the legal exceptions. If it does, only the minimum necessary information is shared with the person who needs it, and the disclosure is documented. If it does not, the request is politely declined and, where appropriate, the requester is told how to seek consent. These steps also align with the Data Privacy Act, which treats health information as sensitive personal information.

Watch out! Do not assume that age alone opens a record. A minor's information is protected too; what permits disclosure here is the suspected abuse, not the client's age.

Exam takeaway
Key point! Under RA 11036, confidential information may be released without consent only when required by law or court order, in a life-threatening emergency, when a minor is believed to be abused, or in proceedings involving care providers. Research, schools, and employers need consent.

## 임상 시나리오

Confidentiality ExceptionsMental Health Act (RA 11036)
Without consent, disclosure is allowed only when required by law or court order, in a life-threatening emergency, when a minor is believed to be abused, or in proceedings involving care providers.

A social worker asking about a 13-year-old believed to be abused may be answered, sharing only what is needed to protect the child.

Requests from a researcher, a school principal, or an employer need the service user's consent.

CautionA minor's age alone does not permit disclosure; the suspected abuse is what creates the exception.

## 핵심 개념

- **Confidentiality** — The duty to protect information about a service user from unauthorized disclosure.
- **Exception to confidentiality** — A legally defined situation in which information may be disclosed without consent.
- **Minimum necessary** — Sharing only the information needed for the purpose of a permitted disclosure.
- **Sensitive personal information** — Data such as health records given special protection under the Data Privacy Act.

## 같은 주제 문제

- [Situation: A 38-year-old woman with bipolar I disorder is admitted to the psychiatric ward…](https://mymerci.kr/pages/nclex_q.php?qn_id=629966)
- [Situation: A 38-year-old woman with bipolar I disorder is admitted to the psychiatric ward…](https://mymerci.kr/pages/nclex_q.php?qn_id=629967)
- [Situation: A 38-year-old woman with bipolar I disorder is admitted to the psychiatric ward…](https://mymerci.kr/pages/nclex_q.php?qn_id=629968)
- [Situation: A 38-year-old woman with bipolar I disorder is admitted to the psychiatric ward…](https://mymerci.kr/pages/nclex_q.php?qn_id=629969)
- [Situation: The nurse in a community mental health program leads a psychoeducation session …](https://mymerci.kr/pages/nclex_q.php?qn_id=629970)
- [Situation: The nurse in a community mental health program leads a psychoeducation session …](https://mymerci.kr/pages/nclex_q.php?qn_id=629971)
- [Situation: The nurse in a community mental health program leads a psychoeducation session …](https://mymerci.kr/pages/nclex_q.php?qn_id=629972)
- [Situation: A 29-year-old factory worker is admitted to the psychiatric unit of a general h…](https://mymerci.kr/pages/nclex_q.php?qn_id=629973)

---

More free questions: [기출문제](https://mymerci.kr/)

_학습 참고용입니다. 실제 임상은 최신 지침과 소속 기관 프로토콜을 따르세요._