Hospitals shall inform patients of their right to be provided with information regarding their continuing health care requirements. A patient may authorize a friend or family member to receive such information.
A single authorization must be given to the parent or guardian of the seriously emotionally disturbed and special needs child entering the program to sign. The authorization must be in writing, and gives permission to release medical, mental health, social services, and education records across multiple providers.
(2) Integrated programs must obtain an individual's informed authorization or the authorization of the parent/guardian/custodian of a minor before obtaining an individual's medical information, including mental health and drug treatment records. (3) Medical information shall not be disclosed to unauthorized persons (4) nor shall it be disclosed for any purpose that is not authorized in the authorization.
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.
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.
A person placed under conservatorship by a court as a result of a mental disorder or impairment by chronic alcoholism cannot purchase, receive or possess any firearm or deadly weapon. The court shall immediately notify the Department of Justice of the court order placing the person under conservatorship and prohibiting firearm or deadly weapon possession.
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)].
