If there is insufficient evidence to bring an action against a licentiate then all records of the proceedings shall be confidential and not subject to subpoena. If there are no further proceedings conducted to determine the licentiate's ability to practice within five years, then the licensing agency must destroy all records or the proceedings. If there are new proceedings within five years, then the records must be made available to the respondent.
Every person may freely speak, write and publish his or her sentiments on all subjects, being responsible for the abuse of this right. A law may not restrain or abridge liberty of speech or press. In Hurvitz v.
The proceedings and records of committees that have the responsibility of evaluating and improving the quality of healthcare provided are not subject to discovery. A person attending any of the committee meetings shall not be required to testify as to what occurred in the meeting, except as specified.
Upon request, the office shall disclose information collected pursuant to 128735(g), 128736, and 128737 to any California hospital, any local health department, and any local health officer. The information disclosed shall be for the purposes of conducting an activity authorized by statute. Any hospital receiving information pursuant to this section shall not disclose such information to any person or entity, except in response to a court order, search warrant, subpoena, or as permitted by federal medical privacy regulations.
In the course of a plan's review of its quality of care, performance of medical personnel and costs, there shall be no monetary liability for good faith acts by peer review committees, under certain circumstances. The proceedings of peer review committees shall not be subject to discovery or compelled testimony.
(a)(1) If a defendant is found mentally incompetent, the trial judgment shall be suspended until the defendant becomes mentally competent. The court clerk shall notify the Department of Justice of any finding of mental incompetence to be included in the defendant's state summary criminal history information, if it is pertaining to a defendant required to register as a sex offender.
The court may appoint counsel for a child that is not represented for juvenile court proceedings. The appointed counsel may access all records maintained by a health care facility, physician, surgeon, or other health care practitioner. If the child is of sufficient age and maturity, the counsel must acquire consent or the child can invoke privilege.
The Medical Board of California shall contract with an independent entity to conduct a comprehensive study of the peer review process. (e) The case files and other information obtained by the independent entity shall be confidential.