The Medical Board of California, the Board of Psychology, the Dental Board of California, the Osteopathic Medical Board of California, the State Board of Chiropractic Examiners, the Board of Registered Nursing, the Board of Vocational Nursing and Psychiatric Technicians, the State Board of Optometry, the Veterinary Medical Board, the Board of Behavioral Sciences, the Physical Therapy Board of California, the California State Board of Pharmacy, the Speech-Language Pathology and Audiology Board, the California Board of Occupational Therapy, and the Acupuncture Board shall each separately create
With the exceptions of the Board of Psychology, the Board of Behavioral Sciences, and the Respiratory Care Board of California which can maintain complaints or reports as long as each board deems necessary, if a board, committee, or panel has failed to act upon a complaint or report within five years, or has found that the complaint or report is without merit, the central file shall be purged of information relating to the complaint or report.
Subsection (g) specifies that the required filing of an 805 report (required from peer review bodies for disciplinary actions/investigations of medical practitioner) shall not act as a waiver of confidentiality of medical records and committee reports. The information reported or disclosed shall be kept confidential. Subsection (h) specifies that the Medical Board of California, the Osteopathic Medical Board of California, and the Dental Board of California shall disclose reports to requesting health facilities as required by Section 805.5.
The diversion program must destroy all records related to the investigation upon notification from the peer review body that the investigation has been closed, unless the matter has been referred to the chief of enforcement.
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.
Upon determination that a physician and surgeon has been rehabilitated and completed the diversion program, the program manager must destroy all of the physician and surgeon's treatment records. Other records may be retained as specified by regulations. All committee records and records of proceedings relating to a physician and surgeon's treatment in the diversion program are confidential and not subject to discovery or subpoena, except as authorized.
The Board of Podiatric Medicine may inspect hospital documents of the podiatric medical staff with respect to the podiatric medical care, services, or facilities provided, and may inspect podiatric medical patient records, for purposes of reviewing quality of care.
The contents of any central file that are not public records under any other provision of law shall be confidential except that the licensee involved, or his or her counsel or representative, shall have the right to inspect and have copies made of his or her complete file except for the provision that may disclose the identity of an information source. A board may protect an information source by providing a copy of the material with only those deletions necessary to protect the identity of the source or by providing a comprehensive summary of the substance of the material.