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.
It is in the child's best interest that the birth parents keep the department informed of any health problems that the parent develops that could affect the child and keep an address current with the department in order to permit a response to inquiries concerning medical or social history. Section 9203 of the Family Code authorizes a person who has been adopted and who attains the age of 21 years to request the department to disclose the name and address of the adoptee's birth parents.
The department or adoption agency that made a medical report shall provide a copy of the medical report to any of the listed persons upon the person's request.
Exemptions from Public Records Act disclosure include confidentiality of resident information in residential care facilities, client information for residential care facilities for the elderly.
Every health care service plan shall, upon request, provide to enrollees and subscribers a written statement that describes: how it protects confidential medical information; types of medical information it collects; purposes for which it collects the info; when the information may be disclosed without prior authorization; and how patients may obtain access to this information.
Standards and procedures to ensure that all records of a driving school relating to the physical or mental condition of any student are confidential, except to the department.
In assessing the civil penalty for a violation, all relevant facts shall be considered, including patient's medical, mental and physical condition and her history of mental disability.
No provider of health care, health care service plan, or contractor shall disclose medical information regarding a patient of the provider of health care or an enrollee or subscriber of a health care service plan without first obtaining an authorization, except as provided in subdivision (b) or (c).
