After a committee in its discretion has determined that a dentist licentiate has been rehabilitated and the diversion program is completed, the committee shall purge and destroy all records pertaining to the licentiate's participation in a diversion program. Treatment records are confidential.
All Board of Registered Nursing and nursing diversion committee records and records of a proceeding pertaining to the participation of a registered nurse in the diversion program shall be kept confidential and are not subject to discovery or subpoena. However, such records are subject to discovery or subpoena if the registered nurse presents a threat to the public or his or her own health and safety, or has waived his or her rights to confidentiality.
The CMIA does not apply to certain mental health and drug abuse treatment records, as enumerated in the section. These other California and federal laws control the disclosure and use of confidential medical information, and prevail over the general provisions of the CMIA.
The Attorney General's biannual survey of alcohol and drug abuse in schoolchildren shall be conducted in a way that ensures the confidentiality of the surveyed students.
The State Department of Alcohol and Drug Programs shall not require that a narcotic treatment program disclose the identity of patients or former patients or any records containing identifying information except as provided in Health & Safety Code 11845.5
This chapter does not require a health care provider to permit access to alcohol and drug abuse records that is prohibited by federal and other laws. Records subject to those laws are subject to this chapter to the extent that disclosure is permitted. This chapter does not require a health care provider to allow access of records of communicable disease carriers that is prohibited by law to protect confidentiality.
A person participating in a deferred entry of judgment program or a preguilty plea program, may also participate in a licensed methadone or levoalphacetylmethadol (LAAM) program if certain conditions are met, including: the participant allows release of his or her medical records to the court presiding over his or her preguilty/deferred entry program for the limited purpose of determining whether the participant is duly enrolled in the licensed methadone or LAAM program and is in compliance with deferred entry or preguilty plea program rules.
A person participating in a deferred entry of judgment program or a preguilty plea program, may also participate in a licensed methadone or levoalphacetylmethadol (LAAM) program if certain conditions are met, including: the participant allows release of his or her medical records to the court presiding over his or her preguilty/deferred entry program for the limited purpose of determining whether the participant is duly enrolled in the licensed methadone or LAAM program and is in compliance with deferred entry or preguilty plea program rules.
For nonviolent drug possession charges, the court shall impose probation that requires participation in a drug treatment program. If the person violates the probation, the court may revoke the probation or intensify the drug treatment program, looking to factors like medical history and condition to guide its decision.
