Bill Text: CA SB1377 | 2011-2012 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Protection and advocacy agencies.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2012-09-27 - Chaptered by Secretary of State. Chapter 664, Statutes of 2012. [SB1377 Detail]
Download: California-2011-SB1377-Introduced.html
Bill Title: Protection and advocacy agencies.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2012-09-27 - Chaptered by Secretary of State. Chapter 664, Statutes of 2012. [SB1377 Detail]
Download: California-2011-SB1377-Introduced.html
BILL NUMBER: SB 1377 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Corbett
FEBRUARY 24, 2012
An act to amend Sections 4514, 4903, and 5328.15 of the Welfare
and Institutions Code, relating to public social services.
LEGISLATIVE COUNSEL'S DIGEST
SB 1377, as introduced, Corbett. Protection and advocacy agencies.
Existing law prescribes, in accordance with federal law, the
powers of the protection and advocacy agency, which is a private,
nonprofit corporation charged with protecting and advocating for the
rights of persons with developmental disabilities and mental
disorders. Under existing law, a protection and advocacy agency's
powers include the authority to investigate any incident of abuse or
neglect of persons with developmental disabilities or persons with
mental illness if the complaints are reported to the protection and
advocacy agency or if probable cause exists to believe that abuse or
neglect has occurred. This authority includes the authorization to
examine all relevant records and interview any facility or program
service recipient, employee, or other person who might have knowledge
of the alleged abuse or neglect. Existing law requires the agency to
have access to the records of specified people with disabilities,
including reports prepared by an agency charged with investigating
reports of incidents of abuse, neglect, injury, or death occurring at
the program, facility, or service.
This bill would provide that the authority to access these records
includes access to an unredacted citation, licensing, or survey
report prepared by a department responsible for issuing a license or
certificate to a program, facility, or service serving an individual
with a disability.
Existing law requires the confidentiality of all information and
records obtained in the course of providing intake, assessment, and
services pursuant to specified provisions of existing law to persons
with developmental disabilities and to voluntary or involuntary
recipients of services under the existing Lanterman-Petris Short Act
or within a prescribed state or county hospital.
This bill would authorize disclosure of the above-described
confidential information to a protection and advocacy agency to the
extent that the information is incorporated within a citation report,
plan of correction, unredacted survey report, or statement of
deficiency prepared by authorized licensing personnel or authorized
representatives of the State Department of Health Care Services or
the State Department of Social Services.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 4514 of the Welfare and Institutions Code is
amended to read:
4514. All information and records obtained in the course of
providing intake, assessment, and services under Division 4.1
(commencing with Section 4400), Division 4.5 (commencing with Section
4500), Division 6 (commencing with Section 6000), or Division 7
(commencing with Section 7100) to persons with developmental
disabilities shall be confidential. Information and records obtained
in the course of providing similar services to either voluntary or
involuntary recipients prior to 1969 shall also be confidential.
Information and records shall be disclosed only in any of the
following cases:
(a) In communications between qualified professional persons,
whether employed by a regional center or state developmental center,
or not, in the provision of intake, assessment, and services or
appropriate referrals. The consent of the person with a developmental
disability, or his or her guardian or conservator, shall be obtained
before information or records may be disclosed by regional center or
state developmental center personnel to a professional not employed
by the regional center or state developmental center, or a program
not vendored by a regional center or state developmental center.
(b) When the person with a developmental disability, who has the
capacity to give informed consent, designates individuals to whom
information or records may be released, except that nothing in this
chapter shall be construed to compel a physician and surgeon,
psychologist, social worker, marriage and family therapist,
professional clinical counselor, nurse, attorney, or other
professional to reveal information that has been given to him or her
in confidence by a family member of the person unless a valid release
has been executed by that family member.
(c) To the extent necessary for a claim, or for a claim or
application to be made on behalf of a person with a developmental
disability for aid, insurance, government benefit, or medical
assistance to which he or she may be entitled.
(d) If the person with a developmental disability is a minor,
dependent ward, or conservatee, and his or her parent, guardian,
conservator, limited conservator with access to confidential records,
or authorized representative, designates, in writing, persons to
whom records or information may be disclosed, except that nothing in
this chapter shall be construed to compel a physician and surgeon,
psychologist, social worker, marriage and family therapist,
professional clinical counselor, nurse, attorney, or other
professional to reveal information that has been given to him or her
in confidence by a family member of the person unless a valid release
has been executed by that family member.
(e) For research, provided that the Director of Developmental
Services designates by regulation rules for the conduct of research
and requires the research to be first reviewed by the appropriate
institutional review board or boards. These rules shall include, but
need not be limited to, the requirement that all researchers shall
sign an oath of confidentiality as follows:
"" ____________________________
Date
As a condition of doing research concerning persons with
developmental disabilities who have received services from ____ (fill
in the facility, agency or person), I, ____, agree to obtain the
prior informed consent of persons who have received services to the
maximum degree possible as determined by the appropriate
institutional review board or boards for protection of human subjects
reviewing my research, or the person's parent, guardian, or
conservator, and I further agree not to divulge any information
obtained in the course of the research to unauthorized persons, and
not to publish or otherwise make public any information regarding
persons who have received services so those persons who received
services are identifiable.
I recognize that the unauthorized release of confidential
information may make me subject to a civil action under provisions of
the Welfare and Institutions Code.
________________________''
Signed
(f) To the courts, as necessary to the administration of justice.
(g) To governmental law enforcement agencies as needed for the
protection of federal and state elective constitutional officers and
their families.
(h) To the Senate Committee on Rules or the Assembly Committee on
Rules for the purposes of legislative investigation authorized by the
committee.
(i) To the courts and designated parties as part of a regional
center report or assessment in compliance with a statutory or
regulatory requirement, including, but not limited to, Section 1827.5
of the Probate Code, Sections 1001.22 and 1370.1 of the Penal Code,
and Section 6502 of the Welfare and Institutions Code
, and Section 56557 of Title 17 of the California Code of
Regulations .
(j) To the attorney for the person with a developmental disability
in any and all proceedings upon presentation of a release of
information signed by the person, except that when the person lacks
the capacity to give informed consent, the regional center or state
developmental center director or designee, upon satisfying himself or
herself of the identity of the attorney, and of the fact that the
attorney represents the person, shall release all information and
records relating to the person except that nothing in this article
shall be construed to compel a physician and surgeon, psychologist,
social worker, marriage and family therapist, professional clinical
counselor, nurse, attorney, or other professional to reveal
information that has been given to him or her in confidence by a
family member of the person unless a valid release has been executed
by that family member.
(k) Upon written consent by a person with a developmental
disability previously or presently receiving services from a regional
center or state developmental center, the director of the regional
center or state developmental center, or his or her designee, may
release any information, except information that has been given in
confidence by members of the family of the person with developmental
disabilities, requested by a probation officer charged with the
evaluation of the person after his or her conviction of a crime if
the regional center or state developmental center director or
designee determines that the information is relevant to the
evaluation. The consent shall only be operative until sentence is
passed on the crime of which the person was convicted. The
confidential information released pursuant to this subdivision shall
be transmitted to the court separately from the probation report and
shall not be placed in the probation report. The confidential
information shall remain confidential except for purposes of
sentencing. After sentencing, the confidential information shall be
sealed.
( l ) Between persons who are trained and qualified to
serve on "multidisciplinary personnel" teams pursuant to subdivision
(d) of Section 18951. The information and records sought to be
disclosed shall be relevant to the prevention, identification,
management, or treatment of an abused child and his or her parents
pursuant to Chapter 11 (commencing with Section 18950) of Part 6 of
Division 9.
(m) When a person with a developmental disability dies from any
cause, natural or otherwise, while hospitalized in a state
developmental center, the State Department of Developmental Services,
the physician and surgeon in charge of the client, or the
professional in charge of the facility or his or her designee, shall
release information and records to the coroner. The State Department
of Developmental Services, the physician and surgeon in charge of the
client, or the professional in charge of the facility or his or her
designee, shall not release any notes, summaries, transcripts, tapes,
or records of conversations between the resident and health
professional personnel of the hospital relating to the personal life
of the resident that is not related to the diagnosis and treatment of
the resident's physical condition. Any information released to the
coroner pursuant to this section shall remain confidential and shall
be sealed and shall not be made part of the public record.
(n) To authorized licensing personnel who are employed by, or who
are authorized representatives of, the State Department of
Public Health Services , and who are
licensed or registered health professionals, and to authorized legal
staff or special investigators who are peace officers who are
employed by, or who are authorized representatives of, the State
Department of Social Services, as necessary to the performance of
their duties to inspect, license, and investigate health facilities
and community care facilities, and to ensure that the standards of
care and services provided in these facilities are adequate and
appropriate and to ascertain compliance with the rules and
regulations to which the facility is subject. The confidential
information shall remain confidential except for purposes of
inspection, licensing, or investigation pursuant to Chapter 2
(commencing with Section 1250) and Chapter 3 (commencing with Section
1500) of Division 2 of the Health and Safety Code, or a criminal,
civil, or administrative proceeding in relation thereto. The
confidential information may be used by the State Department of
Public Health Services or the State
Department of Social Services in a criminal, civil, or administrative
proceeding. The confidential information shall be available only to
the judge or hearing officer and to the parties to the case. Names
which are confidential shall be listed in attachments separate to the
general pleadings. The confidential information shall be sealed
after the conclusion of the criminal, civil, or administrative
hearings, and shall not subsequently be released except in accordance
with this subdivision. If the confidential information does not
result in a criminal, civil, or administrative proceeding, it shall
be sealed after the State Department of Public Health
Services or the State Department of Social
Services decides that no further action will be taken in the matter
of suspected licensing violations. Except as otherwise provided in
this subdivision, confidential information in the possession of the
State Department of Public Health Services
or the State Department of Social Services shall not
contain the name of the person with a developmental disability.
(o) To any board which licenses and certifies professionals in the
fields of mental health and developmental disabilities pursuant to
state law, when the Director of Developmental Services has reasonable
cause to believe that there has occurred a violation of any
provision of law subject to the jurisdiction of a board and the
records are relevant to the violation. The information shall be
sealed after a decision is reached in the matter of the suspected
violation, and shall not subsequently be released except in
accordance with this subdivision. Confidential information in the
possession of the board shall not contain the name of the person with
a developmental disability.
(p) To governmental law enforcement agencies by the director of a
regional center or state developmental center, or his or her
designee, when (1) the person with a developmental disability has
been reported lost or missing or (2) there is probable cause to
believe that a person with a developmental disability has committed,
or has been the victim of, murder, manslaughter, mayhem, aggravated
mayhem, kidnapping, robbery, carjacking, assault with the intent to
commit a felony, arson, extortion, rape, forcible sodomy, forcible
oral copulation, assault or battery, or unlawful possession of a
weapon, as provided in any provision listed in Section 16590 of the
Penal Code.
This subdivision shall be limited solely to information directly
relating to the factual circumstances of the commission of the
enumerated offenses and shall not include any information relating to
the mental state of the patient or the circumstances of his or her
treatment unless relevant to the crime involved.
This subdivision shall not be construed as an exception to, or in
any other way affecting, the provisions of Article 7 (commencing with
Section 1010) of Chapter 4 of Division 8 of the Evidence Code, or
Chapter 11 (commencing with Section 15600) and Chapter 13 (commencing
with Section 15750) of Part 3 of Division 9.
(q) To the Division of Juvenile Facilities and Department of
Corrections and Rehabilitation or any component thereof, as necessary
to the administration of justice.
(r) To an agency mandated to investigate a report of abuse filed
pursuant to either Section 11164 of the Penal Code or Section 15630
of the Welfare and Institutions Code for the purposes of either a
mandated or voluntary report or when those agencies request
information in the course of conducting their investigation.
(s) When a person with developmental disabilities, or the parent,
guardian, or conservator of a person with developmental disabilities
who lacks capacity to consent, fails to grant or deny a request by a
regional center or state developmental center to release information
or records relating to the person with developmental disabilities
within a reasonable period of time, the director of the regional or
developmental center, or his or her designee, may release information
or records on behalf of that person provided both of the following
conditions are met:
(1) Release of the information or records is deemed necessary to
protect the person's health, safety, or welfare.
(2) The person, or the person's parent, guardian, or conservator,
has been advised annually in writing of the policy of the regional
center or state developmental center for release of confidential
client information or records when the person with developmental
disabilities, or the person's parent, guardian, or conservator, fails
to respond to a request for release of the information or records
within a reasonable period of time. A statement of policy contained
in the client's individual program plan shall be deemed to comply
with the notice requirement of this paragraph.
(t) (1) When an employee is served with a notice of adverse
action, as defined in Section 19570 of the Government Code, the
following information and records may be released:
(A) All information and records that the appointing authority
relied upon in issuing the notice of adverse action.
(B) All other information and records that are relevant to the
adverse action, or that would constitute relevant evidence as defined
in Section 210 of the Evidence Code.
(C) The information described in subparagraphs (A) and (B) may be
released only if both of the following conditions are met:
(i) The appointing authority has provided written notice to the
consumer and the consumer's legal representative or, if the consumer
has no legal representative or if the legal representative is a state
agency, to the clients' rights advocate, and the consumer, the
consumer's legal representative, or the clients' rights advocate has
not objected in writing to the appointing authority within five
business days of receipt of the notice, or the appointing authority,
upon review of the objection has determined that the circumstances on
which the adverse action is based are egregious or threaten the
health, safety, or life of the consumer or other consumers and
without the information the adverse action could not be taken.
(ii) The appointing authority, the person against whom the adverse
action has been taken, and the person's representative, if any, have
entered into a stipulation that does all of the following:
(I) Prohibits the parties from disclosing or using the information
or records for any purpose other than the proceedings for which the
information or records were requested or provided.
(II) Requires the employee and the employee's legal representative
to return to the appointing authority all records provided to them
under this subdivision, including, but not limited to, all records
and documents or copies thereof that are no longer in the possession
of the employee or the employee's legal representative because they
were from any source containing confidential information protected by
this section, and all copies of those records and documents, within
10 days of the date that the adverse action becomes final except for
the actual records and documents submitted to the administrative
tribunal as a component of an appeal from the adverse action.
(III) Requires the parties to submit the stipulation to the
administrative tribunal with jurisdiction over the adverse action at
the earliest possible opportunity.
(2) For the purposes of this subdivision, the State Personnel
Board may, prior to any appeal from adverse action being filed with
it, issue a protective order, upon application by the appointing
authority, for the limited purpose of prohibiting the parties from
disclosing or using information or records for any purpose other than
the proceeding for which the information or records were requested
or provided, and to require the employee or the employee's legal
representative to return to the appointing authority all records
provided to them under this subdivision, including, but not limited
to, all records and documents from any source containing confidential
information protected by this section, and all copies of those
records and documents, within 10 days of the date that the adverse
action becomes final, except for the actual records and documents
that are no longer in the possession of the employee or the employee'
s legal representatives because they were submitted to the
administrative tribunal as a component of an appeal from the adverse
action.
(3) Individual identifiers, including, but not limited to, names,
social security numbers, and hospital numbers, that are not necessary
for the prosecution or defense of the adverse action, shall not be
disclosed.
(4) All records, documents, or other materials containing
confidential information protected by this section that have been
submitted or otherwise disclosed to the administrative agency or
other person as a component of an appeal from an adverse action
shall, upon proper motion by the appointing authority to the
administrative tribunal, be placed under administrative seal and
shall not, thereafter, be subject to disclosure to any person or
entity except upon the issuance of an order of a court of competent
jurisdiction.
(5) For purposes of this subdivision, an adverse action becomes
final when the employee fails to answer within the time specified in
Section 19575 of the Government Code, or, after filing an answer,
withdraws the appeal, or, upon exhaustion of the administrative
appeal or of the judicial review remedies as otherwise provided by
law.
(u) To the person appointed as the developmental services
decisionmaker for a minor, dependent, or ward pursuant to Section
319, 361, or 726.
(v) To a protection and advocacy agency established pursuant to
Section 4901 to the extent that the information is incorporated
within a citation report, plan of correction, unredacted survey
report, or statement of deficiency prepared by authorized licensing
personnel or authorized representatives described in subdivision (n).
This information shall remain confidential and subject to the
confidentiality requirements of subdivision (f) of Section 4903.
SEC. 2. Section 4903 of the Welfare and Institutions Code is
amended to read:
4903. (a) The protection and advocacy agency shall have access to
the records of any of the following people with disabilities:
(1) Any person who is a client of the agency, or any person who
has requested assistance from the agency, if that person or the agent
designated by that person, or the legal guardian, conservator, or
other legal representative of that person, has authorized the
protection and advocacy agency to have access to the records and
information. If a person with a disability who is able to authorize
the protection and advocacy agency to access his or her records
expressly denies this access after being informed by the protection
and advocacy agency of his or her right to authorize or deny access,
the protection and advocacy agency may not have access to that person'
s records.
(2) Any person, including any individual who cannot be located, to
whom all of the following conditions apply:
(A) The individual, due to his or her mental or physical
condition, is unable to authorize the protection and advocacy agency
to have access to his or her records.
(B) The individual does not have a legal guardian, conservator, or
other legal representative, or the individual's representative is a
public entity, including the state or one of its political
subdivisions.
(C) The protection and advocacy agency has received a complaint
that the individual has been subject to abuse or neglect, or has
determined that probable cause exists to believe that the individual
has been subject to abuse or neglect.
(3) Any person who is deceased, and for whom the protection and
advocacy agency has received a complaint that the individual had been
subjected to abuse or neglect, or for whom the agency has determined
that probable cause exists to believe that the individual had been
subjected to abuse or neglect.
(4) Any person who has a legal guardian, conservator, or other
legal representative with respect to whom a complaint has been
received by the protection and advocacy agency, or with respect to
whom the protection and advocacy agency has determined that probable
cause exists to believe that the person has been subjected to abuse
or neglect, whenever all of the following conditions exist:
(A) The representative has been contacted by the protection and
advocacy agency upon receipt of the representative's name and
address.
(B) The protection and advocacy agency has offered assistance to
the representatives to resolve the situation.
(C) The representative has failed or refused to act on behalf of
the person.
(b) Individual records that shall be available to the protection
and advocacy agency under this section shall include, but not be
limited to, all of the following information and records related to
the investigation, whether written or in another medium, draft or
final, including, but not limited to, handwritten notes, electronic
files, photographs, videotapes, or audiotapes:
(1) Information and records prepared or received in the course of
providing intake, assessment, evaluation, education, training, or
other supportive services, including, but not limited to, medical
records, financial records, monitoring reports, or other reports,
prepared or received by a member of the staff of a facility, program,
or service that is providing care, treatment, or services.
(2) Reports prepared by an agency charged with investigating
reports of incidents of abuse, neglect, injury, or death occurring at
the program, facility, or service while the individual with a
disability is under the care of a member of the staff of a program,
facility, or service, or by or for a program, facility, or service,
that describe any or all of the following:
(A) Abuse, neglect, injury, or death.
(B) The steps taken to investigate the incidents.
(C) Reports and records, including, but not limited to, personnel
records prepared or maintained by the facility, program, or service
in connection with reports of incidents, subject to the following:
(i) If a state statute specifies procedures with respect to
personnel records, the protection and advocacy agency shall follow
those procedures.
(ii) Personnel records shall be protected from disclosure in
compliance with the fundamental right of privacy established pursuant
to Section 1 of Article I of the California Constitution. The
custodian of personnel records shall have a right and a duty to
resist attempts to allow the unauthorized disclosure of personnel
records, and may not waive the privacy rights that are guaranteed
pursuant to Section 1 of Article I of the California Constitution.
(D) Supporting information that was relied upon in creating a
report, including, but not limited to, all information and records
that document interviews with persons who were interviewed, physical
and documentary evidence that was reviewed, or related investigative
findings.
(3) Discharge planning records.
(c) Information in the possession of a program, facility, or
service that must be available to the agency investigating instances
of abuse or neglect pursuant to paragraph (1) of subdivision (a) of
Section 4902, whether written or in another medium, draft or final,
including, but not limited to, handwritten notes, electronic files,
photographs, videotapes, audiotapes, or records, shall include, but
not be limited to, all of the following:
(1) Information in reports prepared by individuals and entities
performing certification or licensure reviews, or by professional
accreditation organizations, as well as related assessments prepared
for a program, facility, or service by its staff, contractors, or
related entities, subject to any other provision of state law
protecting records produced by medical care evaluation or peer review
committees.
(2) Information in professional, performance, building, or other
safety standards, or demographic and statistical information,
relating to the facility.
(d) The authority of the protection and advocacy agency to have
access to records does not supersede any prohibition on discovery
specified in Sections 1157 and 1157.6 of the Evidence Code, nor does
it supersede any prohibition on disclosure subject to the
physician-patient privilege or the psychotherapist-patient privilege.
(e) (1) The protection and advocacy agency shall have access to
records of individuals described in paragraph (1) of subdivision (a)
of Section 4902 and in subdivision (a), and other records that are
relevant to conducting an investigation, under the circumstances
described in those subdivisions, not later than three business days
after the agency makes a written request for the records involved.
(2) The protection and advocacy agency shall have immediate access
to the records, not later than 24 hours after the agency makes a
request, without consent from another party, in a situation in which
treatment, services, supports, or other assistance is provided to an
individual with a disability, if the agency
determines there is probable cause to believe
that the health or safety of the individual is in serious and
immediate jeopardy, or in a case of death of an individual with a
disability.
(f) Confidential information kept or obtained by the protection
and advocacy agency shall remain confidential and may not be subject
to disclosure. This subdivision shall not, however, prevent the
protection and advocacy agency from doing any of the following:
(1) Sharing the information with the individual client who is the
subject of the record or report or other document, or with his or her
legally authorized representative, subject to any limitation on
disclosure to recipients of mental health services as provided in
subsection (b) of Section 10806 of Title 42 of the United States
Code.
(2) Issuing a public report of the results of an investigation
that maintains the confidentiality of individual service recipients.
(3) Reporting the results of an investigation to responsible
investigative or enforcement agencies should an investigation reveal
information concerning the facility, its staff, or employees
warranting possible sanctions or corrective action. This information
may be reported to agencies that are responsible for facility
licensing or accreditation, employee discipline, employee licensing
or certification suspension or revocation, or criminal prosecution.
(4) Pursuing alternative remedies, including the initiation of
legal action.
(5) Reporting suspected elder or dependent adult abuse pursuant to
the Elder Abuse and Dependent Adult Civil Protection Act (Chapter 11
(commencing with Section 15600) of Part 3 of Division 9).
(g) The protection and advocacy agency shall inform and train
employees as appropriate regarding the confidentiality of client
records.
(h) The authority provided pursuant to subdivision (b) shall
include access to an unredacted citation, licensing, or survey report
prepared by a department responsible for issuing a license or
certificate to a program, facility, or service serving an individual
with a disability.
SEC. 3. Section 5328.15 of the Welfare and Institutions Code is
amended to read:
5328.15. All information and records obtained in the course of
providing services under Division 5 (commencing with Section 5000),
Division 6 (commencing with Section 6000), or Division 7 (commencing
with Section 7000), to either voluntary or involuntary recipients of
services shall be confidential. Information and records may be
disclosed, however, notwithstanding any other provision of law, as
follows:
(a) To authorized licensing personnel who are employed by, or who
are authorized representatives of, the State Department of
Public Health Services , and who are
licensed or registered health professionals, and to authorized legal
staff or special investigators who are peace officers who are
employed by, or who are authorized representatives of the State
Department of Social Services, as necessary to the performance of
their duties to inspect, license, and investigate health facilities
and community care facilities and to ensure that the standards of
care and services provided in such facilities are adequate and
appropriate and to ascertain compliance with the rules and
regulations to which the facility is subject. The confidential
information shall remain confidential except for purposes of
inspection, licensing, or investigation pursuant to Chapter 2
(commencing with Section 1250) of, and Chapter 3 (commencing with
Section 1500) of, Division 2 of the Health and Safety Code, or a
criminal, civil, or administrative proceeding in relation thereto.
The confidential information may be used by the State Department of
Public Health Services or the State
Department of Social Services in a criminal, civil, or administrative
proceeding. The confidential information shall be available only to
the judge or hearing officer and to the parties to the case. Names
which are confidential shall be listed in attachments separate to the
general pleadings. The confidential information shall be sealed
after the conclusion of the criminal, civil, or administrative
hearings, and shall not subsequently be released except in accordance
with this subdivision. If the confidential information does not
result in a criminal, civil, or administrative proceeding, it shall
be sealed after the State Department of Public Health
Services or the State Department of Social
Services decides that no further action will be taken in the matter
of suspected licensing violations. Except as otherwise provided in
this subdivision, confidential information in the possession of the
State Department of Public Health Services
or the State Department of Social Services shall not
contain the name of the patient.
(b) To any board which licenses and certifies professionals in the
fields of mental health pursuant to state law, when the Director of
Mental Health has reasonable cause to believe that there has occurred
a violation of any provision of law subject to the jurisdiction of
that board and the records are relevant to the violation. This
information shall be sealed after a decision is reached in the matter
of the suspected violation, and shall not subsequently be released
except in accordance with this subdivision. Confidential information
in the possession of the board shall not contain the name of the
patient.
(c) To a protection and advocacy agency established pursuant to
Section 4901 to the extent that the information is incorporated
within a citation report, plan of correction, unredacted survey
report, or statement of deficiency prepared by authorized licensing
personnel or authorized representatives described in subdivision (a).
This information shall remain confidential and subject to the
confidentiality requirements of subdivision (f) of Section 4903.
