A peer review body investigating a physician and surgeon on the basis of information that the physician and surgeon's mental or physical condition poses a threat to patient care, must report to the diversion program of the Medical board the name of the physician and surgeon and notify the program when the investigation is complete.
The Director of the Department of Managed Health Care shall forward to the Department of Consumer Affairs, within 30 days of the end of each calendar quarter, data regarding complaints filed with the department concerning telephone medical advice services.
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.
The department may examine any of the books and records of applicants, providers, or person or entity providing goods or services and seeking reimbursement, to the extent necessary to carry out the listed provisions and regulations. Applicants, providers or others receiving or seeking reimbursement through the Medi-Cal program or other health care program must provide copies of records upon request by the department. The information provided shall only be used to investigate Medi-Cal fraud or abuse.
An adult protective services agency, a local law enforcement agency, or an ombudsman program must report results of investigations of elder or dependent adult abuse to agencies that reported or referred the abuse incident.
The medical director of each state hospital for the mentally disordered must make a roster of the gravely disabled persons within the institution. Officer in charge of investigating conservatorships within a county shall be provided with the names and pertinent records of patients to be provided conservatorship investigation.
Unprofessional conduct by licensed dental hygienist includes the failure to report to the Dental Hygiene Committee in writing within seven days: (1) the death of his or her patient during the performance of any dental hygiene procedure; (2) the discovery of the death of a patient whose death is related to a dental hygiene procedure performed by him or her; or (3) except for a scheduled hospitalization, the removal to a hospital or emergency center for medical treatment for a period exceeding 24 hours of any patient as a result of dental or dental hygiene treatment.
A registered dental hygienist shall report to the Dental Hygiene Committee all deaths occurring in his or her practice with a copy sent to the Dental Board if the death occurred while working as an employee in a dental office. A dentist shall report to the dental board all deaths occurring in his or her practice with a copy sent to the committee if the death was the result of treatment by a registered dental hygienist.
Unprofessional conduct by a licensed dentist includes the failure to report to the Dental Board the death of a patient related to the performance of any dental procedure; or the unexpected removal to a hospital or emergency center for medical treatment for a period exceeding 24 hours of any patient as a result of dental treatment. Upon receipt of such a report, the board may conduct an inspection of the dental office if deemed necessary.
The insurer or licensed rating organization must release all relevant information to an authorized governmental agency if requested by the agency or if the insurer has reason to suspect worker’s compensation fraud. The governmental agency is in turn authorized to share the information with other authorized governmental agencies.
