After a committee in its discretion has determined that a dentist licentiate has been rehabilitated and the diversion program is completed, the committee shall purge and destroy all records pertaining to the licentiate's participation in a diversion program. Treatment records are confidential.
All Board of Registered Nursing and nursing diversion committee records and records of a proceeding pertaining to the participation of a registered nurse in the diversion program shall be kept confidential and are not subject to discovery or subpoena. However, such records are subject to discovery or subpoena if the registered nurse presents a threat to the public or his or her own health and safety, or has waived his or her rights to confidentiality.
The CMIA does not apply to certain mental health and drug abuse treatment records, as enumerated in the section. These other California and federal laws control the disclosure and use of confidential medical information, and prevail over the general provisions of the CMIA.
The Attorney General's biannual survey of alcohol and drug abuse in schoolchildren shall be conducted in a way that ensures the confidentiality of the surveyed students.
The State Department of Alcohol and Drug Programs shall not require that a narcotic treatment program disclose the identity of patients or former patients or any records containing identifying information except as provided in Health & Safety Code 11845.5
CalWORKS team members may maintain a computer database of information or records received relating to a client receiving services. Information stored in the database must only be used and disclosed within the program and for the purpose of planning and delivering services, unless consent is obtained from the proper CalWORKS recipient.
A judge may order the district attorney to file a petition to commit a convicted defendant addicted to narcotics or in imminent danger of becoming addicted, to the Director of Corrections for confinement in a narcotic detention facility. The court shall order the examination of the defendant by one physician, but it can be waived by the defendant. A written report of the physical examination shall be presented to the court.
Anyone who believes that a person addicted to narcotics or is in danger of becoming addicted may report his belief to the district attorney. If there is probable cause, the district attorney may petition the superior court to commit the person to the Director of Corrections for confinement in a narcotic facility.
The court shall appoint two physicians to examine the person to determine if he/she is addicted to narcotics or in imminent danger of becoming addicted. A written report of such examination shall be delivered to the court.
A court may appoint physicians to examine a person suspected of being addicted to narcotics. A written report of the examination shall be delivered to the court.
