An employer may not require medical or psychological examinations of employees, unless they are job-related and necessary for business. Employers may conduct voluntary medical examinations, including voluntary medical histories, which are part of an employee health program available to employees at that worksite.
The State Authorized Risk Assessment Tool for Sex Offenders (SARATSO) shall be administered by the Department of Corrections and Rehabilitation to assess every eligible person who is incarcerated in state prison and every eligible person who is on parole if the person was not assessed prior to release from state prison). The Department of Mental Health shall administer the SARATSO to assess every eligible person who is committed to that department.
(d) Certain entities may obtain individually identifiable information in order to conduct research, or to seek recovery of Medi-Cal treatment costs incurred by the state that should have been incurred by employers and insurance carriers under worker's compensation. Under these circumstances, it is unlawful for any person who has received individually identifiable information for such purposes to provide that information to any person who is not similarly entitled to it.
Notwithstanding the general confidentiality protections of Welf. & Inst. Code 5328, when the patient, in the opinion of his or her psychotherapist, presents a serious danger of violence to a reasonably foreseeable victim or victims, then any of the information or records may be released to that person or persons and to law enforcement agencies as the psychotherapist determines is needed for the protection of that person or persons.
State and local health department employees and contractors must sign confidentiality agreements before accessing confidential HIV related public health records. Such agreements shall include information of penalties for breach of confidentiality and procedures for reporting breach.
To assess overlapping or duplicate health coverage, every health insurer shall maintain a centralized file of the subscribers' names, mailing addresses, and social security numbers or dates of birth. This information is available to the California Department of Developmental Services or a regional center upon reasonable request. The Board of Administration of the California Public Employees' Retirement System and affiliated systems can data match with the state department to identify consumers with third-party health coverage or insurance.
(a) Insurers shall make medical records available to the Department of Developmental Services or a regional center upon request, so long as (1) the department/regional center certifies that the individual is an applicant/recipient of services for the developmentally disabled or the California Early Intervention Program; or is a person who is legally responsible for the applicant or recipient; and (2) the department/regional center is in certifiable compliance with all state and federal laws pertaining to the confidentiality of medical information.
Persons who have been deemed mentally incompetent by a court of any state may not own or possess firearms. Each state maintains a mental health firearms prohibition information system. All such information (including records of not guilty by reason of insanity judgments, commitment to a facility because the person was a danger to themself or others, or other mental health records) shall be kept confidential and used only to determine eligibility to purchase or possess firearms or other deadly weapons.
Every person confined under the jurisdiction of the Department of the Youth Authority who commits a battery by intentionally placing or throwing human excrement or other bodily fluids or bodily substances on the person of a peace officer or employee of the state prison may be ordered by the chief medical officer to receive an immediate voluntary or involuntary examination or test for hepatitis or tuberculosis and subsequent follow-up examinations if deemed necessary to the health of the peace officer or employee.
(a)-(b) All DNA and forensic identification profiles and other identification information or biological samples retained by the Department of Justice are exempt from any law requiring disclosure of information to the public or return of biological specimens, samples, or print impressions.