Any health practitioner who performs a forensic medical examination of a person in the custody of law enforcement from whom evidence is sought in connection with a sexual assault crime, shall prepare a written report on standard form of the Office of Emergency Services and provided to law enforcement agency with custody of the individual. The examination and report is subject to the confidentiality requirements of the Confidentiality of Medical Information Act.
If a person is transferred from a health care facility/community care facility to a hospital and exhibits symptoms of neglect or abuse, the manager of the hospital or patient's physician at the hospital shall notify appropriate authorities. Healthcare providers/persons complying with this statute shall not incur civil or criminal liability, and shall not be disciplined by their employer for doing so.
In any court proceeding or administrative hearing, physician-patient and psychotherapist privilege does not apply to information required to be reported. The reports required shall be kept confidential by the health facility, clinic, local law enforcement agencies and shall only be disclosed by local law enforcement agencies to those involved in the investigation of the report and those enforcing criminal law implicated by the report.
Upon judgment for imprisonment in state prison, the sheriff shall deliver to the warden various documents including a Confidential Medical/Mental Health Information Transfer Form that indicates that the defendant is medically capable of being transported.
As a condition of parole, a prisoner shall be treated by the Department of Mental Health when the person in charge of treating the prisoner and a psychiatrist or psychologist have evaluated the prisoner and a Department of Corrections chief psychiatrist has certified to the Board of Prison Terms that the prisoner has a severe mental disorder that cannot be kept in remission without treatment, that the disorder was a factor in the commission of the crime, that the prisoner has received treatment for the disorder for 90 or more days, and that because of the disorder the prisoner is a substantial
If a parolee's severe mental disorder is put in remission and can be maintained in remission, the Director of Mental Health shall notify the Board of Prison Terms and the Department of Mental Health shall discontinue treating the parolee.
If the jury finds the defendant was insane at the time the offense was committed, the court shall order the defendant to be confined in a state hospital or other appropriate facility or be placed on outpatient status. Before confinement or placement on outpatient status is ordered, the community program director shall evaluate the defendant and submit a written recommendation to the court.
The medical director of the facility or the person committed to the facility because of insanity, may apply to the court for release on the ground that sanity has been restored. The medical director or person in charge of the facility shall send a summary of the person's programs of treatment to the community program director and to the court. If the court finds that the petitioner would not be a danger to others due to mental defect, disease, or disorder, while under supervision and treatment in the community, the court shall order the person to be placed in a conditional release program.
Law enforcement officials shall report to the state attorney general daily reports of crimes including child abuse, together with a description of the nature of the crime and supplemental data, which may include health records.
Attorney General shall report annually to the Legislature concerning the information pertaining to the sexual abuse of children reported to the Department of Justice. No confidential information shall be released in the reports submitted to the Legislature.