Welf. & Inst. Code 5328(a) (2005)

Summary:

Notwithstanding the general confidentiality protections of Welf. & Inst. Code 5328, personal health information shall be disclosed in communications between qualified professional persons in the provision of services or appropriate referrals, or in the course of conservatorship proceedings. The consent of the patient or his or her guardian or conservator shall be obtained before information or records may be disclosed from a facility providing treatment to a facility which does not have the medical or psychological responsibility for the patient's care.

Keywords:
developmentally disabled, health care provider, guardianship, mental health professional, mental health, parent, recipient of social services
Parties Bound: 
state, federal, and county mental hospitals, institutions, and psychiatric hospitals
Associated Federal Law(s): 
164.506(a)
Uses and disclosures to carry out treatment, payment, or health care operations : Permitted uses and disclosures
Associated Federal Law(s): 
164.508(a)(2)
Uses and disclosures for which an authorization is required : Authorization required: psychotherapy notes (exceptions)