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

Summary:

Notwithstanding the general confidentiality protections of Welf. & Inst. Code 5328, if the recipient of services is a minor, ward, or conservatee, the patient’s information and records can be disclosed to persons designated in writing by his or her parent, guardian, guardian ad litem, or conservator. Nothing shall compel a physician, licensed psychologist, social worker with a master's degree in social work, licensed marriage and family therapist, nurse, attorney, or other professional person to reveal information that has been given to him or her in confidence by members of a patient's family.

Keywords:
child, 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): 
164.502(g)(2)
Uses and disclosures of protected health information: general rules : legal guardians considered to be personal representatives of minors
Associated Federal Law(s): 
164.508(a)(2)
Uses and disclosures for which an authorization is required : Authorization required: psychotherapy notes (exceptions)