With the exceptions of the Board of Psychology, the Board of Behavioral Sciences, and the Respiratory Care Board of California which can maintain complaints or reports as long as each board deems necessary, if a board, committee, or panel has failed to act upon a complaint or report within five years, or has found that the complaint or report is without merit, the central file shall be purged of information relating to the complaint or report.
The diversion program must destroy all records related to the investigation upon notification from the peer review body that the investigation has been closed, unless the matter has been referred to the chief of enforcement.
If there is insufficient evidence to bring an action against a licentiate then all records of the proceedings shall be confidential and not subject to subpoena. If there are no further proceedings conducted to determine the licentiate's ability to practice within five years, then the licensing agency must destroy all records or the proceedings. If there are new proceedings within five years, then the records must be made available to the respondent.
Each agency shall maintain in its records only personal information which is relevant and necessary to accomplish a purpose of the agency required or authorized by the California Constitution or statute or mandated by the federal government.
Agencies shall maintain records with accuracy, relevance, timeliness, and completeness to the maximum extent possible when records are used to make a determination about the individual. When records are transferred outside of state government, the agency shall update, correct, withhold, or delete any inaccurate or untimely portion of the record.
When customer records that contain personal information (including medical information) are no longer to be retained, a business shall take all reasonable steps to dispose of the records by shredding, erasing, or otherwise modifying the personal information in those records to make it unreadable or undecipherable through any means.
Every provider of health care, health care service plan, pharmaceutical company, or contractor who creates, maintains, preserves, stores, abandons, destroys, or disposes of medical records shall do so in a manner that preserves the confidentiality of the information contained therein.
School districts shall establish, maintain, and destroy pupil records in accordance with the State Board of Education regulations. Pupil records shall include the pupil's health record.
If the school district superintendent denies the allegations, the pupil's parent may appeal to the school district's governing board. Administrative proceeding records regarding the appeal shall be confidential and destroyed one year after the governing board makes a decision.
