Notwithstanding the general confidentiality protections of Welf. & Inst. Code 5328, personal health information shall be disclosed in communications between qualified professional persons in the provision of services or appropriate referrals, or in the course of conservatorship proceedings. The consent of the patient or his or her guardian or conservator shall be obtained before information or records may be disclosed from a facility providing treatment to a facility which does not have the medical or psychological responsibility for the patient's care.
Notwithstanding the general confidentiality protections of Welf. & Inst. Code 5328, if the recipient of services is a minor, ward, or conservatee, the patient’s information and records can be disclosed to persons designated in writing by his or her parent, guardian, guardian ad litem, or conservator.
Notwithstanding the general confidentiality protections of Welf. & Inst. Code 5328, information and records shall be disclosed to county patients' rights advocates who have been given knowing voluntary authorization by a client or a guardian ad litem. The client or guardian ad litem, whoever entered into the agreement, may revoke the authorization at any time, either in writing or by oral declaration to an approved advocate.
Upon the discharge of a mental health patient, the patient and the patient's conservator, guardian, or other legal representative must be given a written aftercare plan. Such plan should include: nature of the illness and required follow up, medications to be taken, expected course of recovery, recommendations of treatment relevant to the patient's care, referrals to medical and mental health services, and other relevant information. The patient may designate another person to receive a copy of the plan.
Mental health facilities that admit persons on the basis of their being a threat to themselves or others must report specified information to the Department of Justice regarding those persons. Any report submitted shall be confidential, except for purposes of certain court proceedings and for determining the eligibility of the person to own, possess, control, receive, or purchase a firearm. Beginning July 1, 2012, facilities shall only submit these reports electronically.
Mental health facilities shall not report to the Department of Justice persons certified for intensive treatment for a mental disorder or impairment by chronic alcoholism [under Welf. & Inst. Code 8103(g)] if the same persons have already been admitted and reported to the DOJ on the basis of their being a threat to themselves or others [under Welf. & Inst. Code 8103(f)].
