(b) The diversion program shall monitor the progress of the peer review body's investigation. If the diversion program decides that the peer review body is not making adequate progress on the investigation, the program administrator shall notify the chief of enforcement Division of Medical Quality of the Medical Board who must take over the investigation; (d) Information received by the diversion program is confidential and shall not be disclosed by the program except as provided in (b).
(b) A pharmacy receiving an electronic transmission prescription shall not be required to reduce that prescription to writing or to hard copy form if, for three years from the last date of furnishing pursuant to that prescription or order, the pharmacy is able, upon request by the board, to immediately produce a hard copy report that includes for each date of dispensing of a dangerous drug or dangerous device pursuant to that prescription or order: (1) all of the information described in subparagraphs (A) to (E), inclusive, of paragraph (1) of subdivision (a) of Section 4040, and (2) the name
If only recorded and stored electronically, on magnetic media, or in any other computerized form, the pharmacy's computer system shall not permit the received information or the dangerous drug or dangerous device dispensing information required by this section to be changed, obliterated, destroyed, or disposed of, for the records maintenance period required by law once the information has been received by the pharmacy and once the dangerous drug or dangerous device has been dispensed.
Owners and laboratory directors of all clinical laboratories shall preserve medical records and laboratory records, as defined in this section, for three years from the date of testing, examination, or purchase. Failure to retain records accordingly is cause of legal action. Information in these medical records shall be confidential, with certain exceptions.
Any medical records obtained or created for the purpose of licensure of professional athletes may not be disclosed by the licensing commission except under certain circumstances, as provided. If, after a process for participation in medical research has been adopted, the athlete consents to participation, the medical records may be used by the commission for medical research. The medical information shall not include any personally identifiable information.
Requires a 2003 report to the legislature including recommendations on identification of systems to protect confidential personal and medical information of patients for whom electronic prescriptions are issued.
The Medical Board may propose a registration program to permit the practice of medicine across state lines. The program may include standards for confidentiality, format, and retention of medical records, as well as access to medical records by the board.