All information and records acquired in the course of providing intake, assessment, and services to persons with developmental disabilities shall be confidential. Information and records are to be disclosed only as provided in this section.
This chapter which governs the appeal procedure, shall not be interpreted to force a physician, psychologist, social worker, nurse, attorney, or other professional person to reveal information provided in confidence by the family of an applicant or recipient of developmentally disabled services.
Signed consent forms by a person with a developmental disability for the release of any information as required under 4514(a) and (d) and Health and Safety Code 11878 and 11879, must be obtained for each separate use and specify the information released, the person to whom information will be released, and the name of the person releasing the information.
If a family member or other designated person by the developmentally disabled resident requests and the resident authorizes, the facility shall inform the requester as to the resident's diagnosis, prognosis, medications prescribed, progress, and of any serious illness.
This chapter does not prohibit the government or researchers from using data on developmentally disabled users of social services for statistical purposes.
Any person may bring action against any individual who willingly and knowingly released confidential information or records pertaining to such person for damages or to enjoin the release of such information.
An recipient of or applicant for developmentally disabled services, or his authorized representative shall have access to records for purposes of appeal.
Service agencies for the developmentally disabled shall implement procedures for providing access to records to recipients, applicants, or their personal representatives.
When requested, the developmentally disabled service agency shall at least provide the types of records maintained by the agency, the position of the official responsible for maintaining records, and the right to access the records.
Any disclosure of information of records made under 4514 (a), (d), or (q) or 4514.5 shall be entered into the person's medical record and included reasons for disclosure, to whom disclosure was made, and the information disclosed.
