Family Code 6929(g) (1992; amended by SB 33, 2009)

Summary:

When a parent or legal guardian has sought the medical care and counseling for a drug- or alcohol-related problem of a minor child, the physician shall disclose medical information concerning the care to the minor's parent or legal guardian upon his or her request, even if the minor child does not consent to disclosure, without liability for the disclosure.

Keywords:
alcohol and drug abuse, child, confidential medical communications, health care provider, immunity from liability, mental health professional, parent, treatment information
Data Origin: 
professional persons (defined by Family Code 6929(a)(4) as "a physician and surgeon, registered nurse, psychologist, clinical social worker, marriage and family therapist, marriage and family therapist registered intern, psychological assistant, or associate clinical social worker"); treatment facilities
Parties Bound: 
professional persons (defined by Family Code 6929(a)(4) as "a physician and surgeon, registered nurse, psychologist, clinical social worker, marriage and family therapist, marriage and family therapist registered intern, psychological assistant, or associate clinical social worker"); treatment facilities
Associated Federal Law(s): 
42 CFR 2.14
Minor patients : State law requiring parental consent to treatment - in such cases, any written consent for disclosure must be given by both the minor and his or her parent/guardian; minor's application for treatment can also be disclosed to the minor's parent if the minor 1) has given written consent or 2) lacks capacity as judged by the program director
Associated Federal Law(s): 
164.502(g)(2)
Uses and disclosures of protected health information: general rules : legal guardians considered to be personal representatives of minors