(e) Terms of imprisonment are subject to recall and reconsideration if any physician employed by the department determines, and subsequently notifies the chief medical officer, that a prisoner has six months or less to live or is permanently medically incapacitated. If the chief medical officer concurs with the prognosis, he or she shall notify the warden of the re-sentencing proceedings. The warden shall then provide the prisoner and his or her family member, agent, or emergency contact updated information throughout the recall and re-sentencing procedures.
Exemptions from Public Records Act disclosure include confidentiality of resident information in residential care facilities, client information for residential care facilities for the elderly.
A contract for admission to a long term health care facility shall provide a means by which the resident may authorize the disclosure of information to specific persons.
Acute care hospital shall make reasonable efforts to contact the patient's agent, family member or person who has the authority to make health care decisions on behalf of the patient by examining any medical records regarding the patient in its possession and contacting the Secretary of State to inquire whether the patient has registered an advance health care directive with the Advance Health Care Directive Registry.
In order to provide incidental medical services through a home health agency, an adult community care facility must show an agreed-upon protocol between the agency and the facility. The protocol shall address the sharing of client information related to the home health care plan, client's medical condition and the care and treatment provided to the client by the home health agency, including, but not limited to, medical information defined by the CMIA.
A health care provider must treat an individual in accordance with a Physician Orders for Life Sustaining Treatment form. A physician may conduct an evaluation of the individual and, in consultation with the individual or the individual's legally recognized health care decisionmaker, issue a new order consistent with the most current information available about the individual's health status and goals of care.
The legally recognized health care decisionmaker of an individual without capacity shall consult with the physician who is, at that time, the individual's treating physician prior to making a request to modify that individual's Physician Orders for Life Sustaining Treatment form.
A licensing agency may order a licentiate to be examined by one or more physicians, surgeons or psychologists if the licentiate appears to be unable to practice his profession safely due to of an impairment caused by mental or physical illness. The examination report must be made available to the licentiate and may used as evidence in subsequent proceedings.
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.
There is no Physician-Patient Privilege in a proceeding to commit the patient or otherwise place him or his property, or both, under the control of another because of his alleged mental or physical condition. (No privilege in a mental illness trial to prevent the introduction of testimony of doctors who have been appointed by the court, 35 Op.Atty.Gen. 226 (1960).)
