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.
A provider of health care or a health care service plan may disclose medical information in the following circumstances: 1) to other healthcare providers to facilitate diagnosis and treatment 2) to find financially liable party and obtain payment 3) to administrative subcontractors 4) quality control organizations (peer review boards, etc.) 5) accrediting agencies 6) coroners 7) \bona fide research purposes\" 8) employer
In an investigation and prosecution of sexual exploitation by physicians, surgeons, psychotherapists, or alcohol and drug abuse counselors – cannot obtain disclosure of any confidential files of other current or former patients/clients of the individual under investigation.
Authorizes the board to suspend or revoke a psychiatric technician's license for various grounds, including the failure to maintain confidentiality of patient medical information.
The Board of Behavioral Sciences may deny, suspend or revoke the license of a licensed educational psychologist if he or she has been guilty of unprofessional conduct. Except as otherwise required or permitted by law, unprofessional conduct includes failing to maintain confidentiality of all information that has been received from a client in confidence during the course of treatment and all information about the client that is obtained from tests or other means.
The section provides limited immunity for psychotherapists who discharge their duty to warn and protect by making reasonable efforts to communicate the threat to potential victims and to law enforcement agency by disclosing otherwise privileged patient communications.
If information filed with state teachers' retirement system is detrimental to the member, then it shall be held confidential except it may be disclosed to a physician or psychologist authorized by the retirement plan member.
Personal information disclosed by students to school counselors is confidential, with the exception of psychotherapist referrals for treatment, reports of child abuse, disclosures to principals or parents to vouchsafe the health and safety of the student or the school community, provided that such disclosures do not imperil the health and safety of the student. In addition, counselors may disclose personal information to law enforcement authorities under court order. Maintaining confidentiality of the personal information is not grounds for civil or criminal actions.
