Health & Safety Code 121095
Summary:
Confidential research records shall be disclosed to the research subject, the legal representative of the subject, or the personal representative of a deceased subject, 30 days after written request is made.
Parties Bound:
Persons in possession of confidential research records California Penalty:
Health & Safety Code 121110 (2006): (a) Negligent disclosures of confidential research record are subject to a civil penalty of no more than $2500 and court costs. (b) Willful or malicious disclosures are subject to a civil penalty of no less than $5000 and no more than $10,000 and court costs. (c) Any person willfully or maliciously disclosing confidential research records that results in economic, bodily, or psychological harm to the research subject is guilty of a misdemeanor punishable by up to a year of imprisonment in county jail or a fine of up to $25,000 or both. (d) Violations under (a) and (b) are liable to the subject for damages. Other Relevant California Code Sections:
Acquired Immune Deficiency Syndrome (AIDS) Research Confidentiality Act, Health & Safety Code 121075 et. Seq. Subject Conferred Legal Right of Action:
Health & Safety Code 121110 (2006): (a) Negligent disclosures of confidential research record are subject to a civil penalty of no more than $2500 and court costs. (b) Willful or malicious disclosures are subject to a civil penalty of no less than $5000 and no more than $10,000 and court costs. (c) Any person willfully or maliciously disclosing confidential research records that results in economic, bodily, or psychological harm to the research subject is guilty of a misdemeanor punishable by up to a year of imprisonment in county jail or a fine of up to $25,000 or both. (d) Violations under (a) and (b) are liable to the subject for damages. Associated Federal Law(s):
Uses and disclosures of protected health information: general rules : personal representatives - must be treated as the individual with respect to the protected health information
Associated Federal Law(s):
Access of individuals to protected health information : Right of access: an individual has a right of access to inspect and obtain a copy of protected health information about the individual in a designated record set.