(b) The diversion program shall monitor the progress of the peer review body's investigation. If the diversion program decides that the peer review body is not making adequate progress on the investigation, the program administrator shall notify the chief of enforcement Division of Medical Quality of the Medical Board who must take over the investigation; (d) Information received by the diversion program is confidential and shall not be disclosed by the program except as provided in (b).
Exemptions from Public Records Act disclosure include documents for health care provider disciplinary proceeding, privileged communications in review of quality of care of health care service plans.
A licensed dental hygienist must comply with a request by the Dental Hygiene Committee for a patient's dental hygiene records that has the patient’s written authorization for release, within 15 days of receiving the request and authorization. Failure to do so will result in a civil penalty payment to the committee, unless the licensee is unable to provide the documents within this time period for good cause.
A health care facility must provide dental hygiene records that the patient has authorized in writing for release of records to the Dental Hygiene Committee together with a notice citing the penalties for failure to comply with an authorized request. Failure to provide the authorizing patient's dental hygiene records to the committee within 30 days of receiving this request, authorization, and notice shall subject the health care facility to a civil penalty payment to the committee, unless the health care facility is unable to provide the documents within this time period for good cause.
A licensed dental hygienist must comply with a court order mandating the release of records to the Dental Hygiene Committee. Unless it is determined that the order is unlawful or invalid, failure to comply results in a civil penalty to be paid to the committee and constitutes unprofessional conduct that is grounds for suspension or revocation of his or her license; the licensee is also guilty of a misdemeanor punishable by a fine.
Each physical therapy diversion evaluation committee has the duty to receive and review information concerning physical therapists and physical therapist assistants participating in the program.
Each physician assistants diversion committee has the duty to receive and review information concerning physician assistants participating in the program.
The Director of the Department of Managed Health Care may suspend or revoke any license issued to a health care service plan or assess administrative penalties if the licensee has committed any of the acts or omissions constituting grounds for disciplinary action, including (1) violating the Confidentiality of Medical Information Act or (2) violating the legal requirements for post-stabilization care, which includes providing relevant information reasonably necessary for the health care service plan to authorize post-stabilization care or assume management of the patient's care by prompt trans
