Notwithstanding the general confidentiality protections of Welf. & Inst. Code 5328, when the patient, in the opinion of his or her psychotherapist, presents a serious danger of violence to a reasonably foreseeable victim or victims, then any of the information or records may be released to that person or persons and to law enforcement agencies as the psychotherapist determines is needed for the protection of that person or persons.
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.
Director shall provide at least annual review of physical, mental, social condition of each developmentally disabled person. Records are confidential except by approval of director or court.
As a condition of parole, a prisoner shall be treated by the Department of Mental Health when the person in charge of treating the prisoner and a psychiatrist or psychologist have evaluated the prisoner and a Department of Corrections chief psychiatrist has certified to the Board of Prison Terms that the prisoner has a severe mental disorder that cannot be kept in remission without treatment, that the disorder was a factor in the commission of the crime, that the prisoner has received treatment for the disorder for 90 or more days, and that because of the disorder the prisoner is a substantial
If the proposed conservatee is an allegedly developmentally disabled adult, the petition must include the nature and degree of the alleged disability and whether the proposed limited conservatee is or is alleged to be developmentally disabled.
In any proceeding to establish a limited or general conservatorship for a person with developmental disabilities, a proposed limited conservatee with his or her consent shall be assessed at a regional center pursuant to Welf. & Inst. Code 4620, who will submit a written report of findings and recommendations to the court. A copy of the report shall be mailed to the proposed limited conservatee and his or her attorney, other persons as the court orders. The report is confidential and shall not be made available to other parties, unless with the court's discretion.
This chapter does not prohibit the government or researchers from using data on developmentally disabled users of social services for statistical purposes.
