Occupational therapists are required to document evaluation, goals, treatment plan and summary of treatment in the patient record. These records shall be maintained for a minimum of seven years following patient's discharge, except records of a minor shall be maintained at least until one year after the minor.
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.
A licensing agency may convene closed sessions to the extent necessary to protect the licentiate's privacy when considering evidence regarding a licentiate's mental or physical illness.
In a civil action for a violation of the Elder Abuse and Dependent Adult Civil Protection Act, information acquired through discovery and is protected from disclosure by a protective order shall remain protected, except for information that is evidence of elder or dependent adult abuse. Such information may be filed with the court and shall remain confidential under the protective order for 30 days, after which it will become part of the public court record. A party may petition for a protective order of such information upon a showing of good cause.
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).)
If the medical examination and competent medical opinion show that a state service member is incapacitated physically or mentally and is eligible to retire for disability, the Board of Administration of the Public Employees' Retirement System shall immediately retire the member for disability, unless the member can be retired for service.
