Civil Code 56.104(d) and (e) (1999; amended by AB 681, 2009)

Summary:

The requirement for signed written requests for medical information relating to the patient's outpatient psychotherapy treatment do not apply when: (1) the disclosure or use of medical information by a law enforcement agency or a regulatory agency is required for an investigation of unlawful activity or for licensing, certification, or regulatory purposes; (2) the disclosure of medical information is to health care providers, health care service plans, contractors, or other health care professionals or facilities for the purposes of diagnosis or treatment of the patient; or (3) A provider of health care or a health care service plan may disclose medical information by a psychotherapist if the psychotherapist, in good faith, believes the disclosure is necessary to prevent or lessen a serious and imminent threat to the health or safety of a reasonably foreseeable victim or victims, and the disclosure is made to a person or persons reasonably able to prevent or lessen the threat, including the target of the thre

Parties Bound: 
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): 
Uses and disclosures for which an authorization is required : Authorization required: psychotherapy notes (exceptions)
Associated Federal Law(s): 
Uses and disclosures for which an authorization or opportunity to agree or object is not required : for oversight of the health care system, including investigations, disciplinary actions
Associated Federal Law(s): 
Uses and disclosures for which an authorization or opportunity to agree or object is not required : to avert a serious threat to health or safety
Associated Federal Law(s): 
Uses and disclosures for which an authorization or opportunity to agree or object is not required : law enforcement purposes
Associated Federal Law(s): 
Uses and disclosures to carry out treatment, payment, or health care operations : Permitted uses and disclosures