Civil Code 56.104(a) and (b) (1999; amended by AB 681, 2009)

Summary:

Any authorized person or entity requesting medical information relating to the patient's outpatient psychotherapy treatment must submit to the patient and to the health care provider, health care service plan, or contractor a signed written request that details: (1) the specific information being requested and its intended use; (2) the duration of its use before being destroyed or disposed of; (3) a statement that the information will not be used for any purpose other than its intended use; (4) a statement that the information and all copies of it will be destroyed or returned before or immediately after the length of time specified has expired. However, the written request for medical information relating to the patient's outpatient psychotherapy treatment is not required if the patient has signed and submitted to the health care provider or health care service plan a written waiver waiving notification.

Keywords:
health care provider, records destruction, records maintenance, safeguards, mental health patient, mental health professional, mental health, treatment information
Statutory Scheme:
California Medical Information Act(CMIA)
Parties Bound: 
Any authorized person or entity requesting medical information relating to the patient's outpatient psychotherapy treatment; health care providers, health care service plans, or its contractors
Other Relevant California Code Sections: 
Evidence Code 1010: defines “psychotherapist”; Civil Code 56.05(i): defines “provider of health care”, 56.10
Associated Federal Law(s): 
164.508(a)(2)
Uses and disclosures for which an authorization is required : Authorization required: psychotherapy notes (exceptions)
Associated Federal Law(s): 
164.520(b)
Notice of privacy practices for protected health information : Requirements for content of notice