Bill Text: CA AB681 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Confidentiality of medical information: psychotherapy.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2009-10-11 - Chaptered by Secretary of State - Chapter 464, Statutes of 2009. [AB681 Detail]

Download: California-2009-AB681-Amended.html

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BILL NUMBER: AB 681	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 23, 2009

INTRODUCED BY   Assembly Member Hernandez

                        FEBRUARY 26, 2009

   An act to amend Section 56.104 of the Civil Code, relating to
confidentiality of medical information.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 681, as amended, Hernandez. Confidentiality of medical
information: psychotherapy.
   Existing law prohibits providers of health care, health care
service plans, and contractors from releasing medical information to
persons authorized by law to receive that information if the
information specifically relates to a patient's participation in
outpatient treatment with a psychotherapist, unless the requester of
the information submits a specified written request for the
information to the patient and to the provider of health care, health
care service plan, or contractor. However, existing law excepts from
those provisions specified disclosures that are made for the purpose
of diagnosis or treatment of a patient.
   This bill would also except from those provisions disclosures that
are made to prevent or lessen a serious and imminent threat to the
health or safety of a reasonably foreseeable victim or victims.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 56.104 of the Civil Code is amended to read:
   56.104.  (a) Notwithstanding subdivision (c) of Section 56.10,
except as authorized in paragraph (1)  and paragraph (19)
 of subdivision (c) of Section 56.10  or except for
information requested by law enforcement subsequent to a disclosure
authorized in paragraph (19) of subdivision (c) of Section 56.10 in
which that information is clearly necessary to prevent the serious
and imminent threat disclosed under that paragraph  , no
provider of health care, health care service plan, or contractor may
release medical information to persons or entities authorized by law
to receive that information pursuant to subdivision (c) of Section
56.10, if the requested information specifically relates to the
patient's participation in outpatient treatment with a
psychotherapist, unless the person or entity requesting that
information submits to the patient pursuant to subdivision (b) and to
the provider of health care, health care service plan, or contractor
a written request, signed by the person requesting the information
or an authorized agent of the entity requesting the information, that
includes all of the following:
   (1) The specific information relating to a patient's participation
in outpatient treatment with a psychotherapist being requested and
its specific intended use or uses.
   (2) The length of time during which the information will be kept
before being destroyed or disposed of. A person or entity may extend
that timeframe, provided that the person or entity notifies the
provider, plan, or contractor of the extension. Any notification of
an extension shall include the specific reason for the extension, the
intended use or uses of the information during the extended time,
and the expected date of the destruction of the information.
   (3) A statement that the information will not be used for any
purpose other than its intended use.
   (4) A statement that the person or entity requesting the
information will destroy the information and all copies in the person'
s or entity's possession or control, will cause it to be destroyed,
or will return the information and all copies of it before or
immediately after the length of time specified in paragraph (2) has
expired.
   (b) The person or entity requesting the information shall submit a
copy of the written request required by this section to the patient
within 30 days of receipt of the information requested, unless the
patient has signed a written waiver in the form of a letter signed
and submitted by the patient to the provider of health care or health
care service plan waiving notification.
   (c) For purposes of this section, "psychotherapist" means a person
who is both a "psychotherapist" as defined in Section 1010 of the
Evidence Code and a "provider of health care" as defined in
subdivision (i) of Section 56.05.
   (d) This section does not apply to the disclosure or use of
medical information by a law enforcement agency or a regulatory
agency when required for an investigation of unlawful activity or for
licensing, certification, or regulatory purposes, unless the
disclosure is otherwise prohibited by law.
   (e) Nothing in this section shall be construed to grant any
additional authority to a provider of health care, health care
service plan, or contractor to disclose information to a person or
entity without the patient's consent.