Bill Text: CA SB1407 | 2011-2012 | Regular Session | Amended

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

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Bill Title: Medical information: disclosure.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2012-09-27 - Chaptered by Secretary of State. Chapter 657, Statutes of 2012. [SB1407 Detail]

Download: California-2011-SB1407-Amended.html

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BILL NUMBER: SB 1407	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 16, 2012
	AMENDED IN SENATE  MARCH 29, 2012

INTRODUCED BY   Senator Leno

                        FEBRUARY 24, 2012

   An act to amend Section 56.11 of the Civil Code,   and 
to amend Section 123105 of the Health and Safety Code,   and
to amend Sections 280 and 281 of the Welfare and Institutions Code,
  relating to medical information.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1407, as amended, Leno. Medical information: disclosure.

   (1) Existing 
    Existing  law governs the release of a patient's medical
records and medical information by a health care provider, health
care service plan, pharmaceutical company, or provider. Under
existing law, a patient may inspect his or her medical records if the
patient or his or her representative, as defined, presents a written
request to the health care provider. Existing law also authorizes a
health care provider, health care service plan, pharmaceutical
company, or contractor to release a patient's medical information
after receiving a valid signed authorization from the patient, the
patient's legal representative, as defined, if the patient is a minor
or incompetent, and other specified individuals. Existing law
provides that a minor may be removed from the physical custody of his
or her parents in dependency proceedings if there is a substantial
danger to the physical health of the child or the child is suffering
severe emotional damage and there are no reasonable means to protect
the child without removing him or her.
   This bill would provide that a minor patient's parent shall not be
considered the minor's representative for medical information
release purposes if the minor has been removed from that parent's
physical custody in dependency proceedings  , except pursuant to
court order, as specified  . 
   (2) Existing law requires a juvenile probation officer in a
dependency or delinquency proceeding to prepare a social study, which
includes a recommendation for disposition of that case, for
disposition hearings. Under existing law, the juvenile court may also
order the probation officer to file other written reports and
recommendations concerning a minor's custody, status, or welfare.
Existing law permits disclosure of medical information to a county
social worker, probation officer, or any other person who is legally
authorized to have custody or care of a minor for the purpose of
coordinating the minor's health care services and medical treatment,
including mental health and developmental disability services.
 
   This bill would expand the requirement that a juvenile probation
officer prepare a social study to include any disposition hearing in
a case involving a nonminor dependent of the court. The bill would
also prohibit the probation officer from including any privileged
information in the report, including information relating to the
minor's health care and mental health treatment, unless the holder of
the privilege validly waives that privilege. By increasing the
duties of local probation officers to include social studies for
cases involving nonminor dependents, this bill would impose a
state-mandated local program.  
   (3) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.  
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions. 
   Vote: majority. Appropriation: no. Fiscal committee:  yes
  no  . State-mandated local program:  yes
  no  .


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

  SECTION 1.  Section 56.11 of the Civil Code is amended to read:
   56.11.  Any person or entity that wishes to obtain medical
information pursuant to subdivision (a) of Section 56.10, other than
a person or entity authorized to receive medical information pursuant
to subdivision (b) or (c) of Section 56.10, except as provided in
paragraph (21) of subdivision (c) of Section 56.10, shall obtain a
valid authorization for the release of this information.
   An authorization for the release of medical information by a
provider of health care, health care service plan, pharmaceutical
company, or contractor shall be valid if it:
   (a) Is handwritten by the person who signs it or is in a typeface
no smaller than 14-point type.
   (b) Is clearly separate from any other language present on the
same page and is executed by a signature which serves no other
purpose than to execute the authorization.
   (c) Is signed and dated by one of the following:
   (1) The patient. A patient who is a minor may only sign an
authorization for the release of medical information obtained by a
provider of health care, health care service plan, pharmaceutical
company, or contractor in the course of furnishing services to which
the minor could lawfully have consented under Part 1 (commencing with
Section 25) or Part 2.7 (commencing with Section 60).
   (2) The legal representative of the patient, if the patient is a
minor or an incompetent. However, authorization may not be given
under this subdivision for the disclosure of medical information
obtained by the provider of health care, health care service plan,
pharmaceutical company, or contractor in the course of furnishing
services to which a minor patient could lawfully have consented under
Part 1 (commencing with Section 25) or Part 2.7 (commencing with
Section 60).  A   Except pursuant to a court
order authorizing the parent or guardian to sign an authorization for
the release of medical information, a  parent or guardian is
not considered the legal representative of a minor patient for
purposes of this paragraph if the minor has been removed from the
physical custody of the parent or guardian pursuant to Section 300 of
the Welfare and Institutions Code.  The juvenile court may issue
an order authorizing the parent or guardian to sign an authorization
for the release of medical information upon finding that the order
would not be detrimental to the minor patient. 
   (3) The spouse of the patient or the person financially
responsible for the patient, where the medical information is being
sought for the sole purpose of processing an application for health
insurance or for enrollment in a nonprofit hospital plan, a health
care service plan, or an employee benefit plan, and where the patient
is to be an enrolled spouse or dependent under the policy or plan.
   (4) The beneficiary or personal representative of a deceased
patient.
   (d) States the specific uses and limitations on the types of
medical information to be disclosed.
   (e) States the name or functions of the provider of health care,
health care service plan, pharmaceutical company, or contractor that
may disclose the medical information.
   (f) States the name or functions of the persons or entities
authorized to receive the medical information.
   (g) States the specific uses and limitations on the use of the
medical information by the persons or entities authorized to receive
the medical information.
   (h) States a specific date after which the provider of health
care, health care service plan, pharmaceutical company, or contractor
is no longer authorized to disclose the medical information.
   (i) Advises the person signing the authorization of the right to
receive a copy of the authorization.
  SEC. 2.  Section 123105 of the Health and Safety Code is amended to
read:
   123105.  As used in this chapter:
   (a) "Health care provider" means any of the following:
   (1) A health facility licensed pursuant to Chapter 2 (commencing
with Section 1250) of Division 2.
   (2) A clinic licensed pursuant to Chapter 1 (commencing with
Section 1200) of Division 2.
   (3) A home health agency licensed pursuant to Chapter 8
(commencing with Section 1725) of Division 2.
   (4) A physician and surgeon licensed pursuant to Chapter 5
(commencing with Section 2000) of Division 2 of the Business and
Professions Code or pursuant to the Osteopathic Act.
   (5) A podiatrist licensed pursuant to Article 22 (commencing with
Section 2460) of Chapter 5 of Division 2 of the Business and
Professions Code.
   (6) A dentist licensed pursuant to Chapter 4 (commencing with
Section 1600) of Division 2 of the Business and Professions Code.
   (7) A psychologist licensed pursuant to Chapter 6.6 (commencing
with Section 2900) of Division 2 of the Business and Professions
Code.
   (8) An optometrist licensed pursuant to Chapter 7 (commencing with
Section 3000) of Division 2 of the Business and Professions Code.
   (9) A chiropractor licensed pursuant to the Chiropractic
Initiative Act.
   (10) A marriage and family therapist licensed pursuant to Chapter
13 (commencing with Section 4980) of Division 2 of the Business and
Professions Code.
   (11) A clinical social worker licensed pursuant to Chapter 14
(commencing with Section 4990) of Division 2 of the Business and
Professions Code.
   (12) A physical therapist licensed pursuant to Chapter 5.7
(commencing with Section 2600) of Division 2 of the Business and
Professions Code.
   (13) An occupational therapist licensed pursuant to Chapter 5.6
(commencing with Section 2570).
   (14) A professional clinical counselor licensed pursuant to
Chapter 16 (commencing with Section 4999.10) of Division 2 of the
Business and Professions Code.
   (b) "Mental health records" means patient records, or discrete
portions thereof, specifically relating to evaluation or treatment of
a mental disorder. "Mental health records" includes, but is not
limited to, all alcohol and drug abuse records.
   (c) "Patient" means a patient or former patient of a health care
provider.
   (d) "Patient records" means records in any form or medium
maintained by, or in the custody or control of, a health care
provider relating to the health history, diagnosis, or condition of a
patient, or relating to treatment provided or proposed to be
provided to the patient. "Patient records" includes only records
pertaining to the patient requesting the records or whose
representative requests the records. "Patient records" does not
include information given in confidence to a health care provider by
a person other than another health care provider or the patient, and
that material may be removed from any records prior to inspection or
copying under Section 123110 or 123115. "Patient records" does not
include information contained in aggregate form, such as indices,
registers, or logs.
   (e) "Patient's representative" or "representative" means any of
the following:
   (1) A parent or guardian of a minor who is a patient, unless the
minor patient has been removed from the physical custody of the
parent or guardian pursuant to Section 300 of the Welfare and
Institutions Code.  The juvenile court may issue an order making
that parent or guardian the patient representative of the minor
patient upon finding that the order would not be detrimental to the
minor patient. 
   (2) The guardian or conservator of the person of an adult patient.

   (3) An agent as defined in Section 4607 of the Probate Code, to
the extent necessary for the agent to fulfill his or her duties as
set forth in Division 4.7 (commencing with Section 4600) of the
Probate Code.
   (4) The beneficiary as defined in Section 24 of the Probate Code
or personal representative as defined in Section 58 of the Probate
Code, of a deceased patient.
   (f) "Alcohol and drug abuse records" means patient records, or
discrete portions thereof, specifically relating to evaluation and
treatment of alcoholism or drug abuse. 
  SEC. 3.    Section 280 of the Welfare and
Institutions Code is amended to read:
   280.  (a) Except where waived by the probation officer, judge, or
referee and the minor, the probation officer shall be present in
court to represent the interests of each person who is the subject of
a petition to declare that person to be a ward or dependent child
upon all hearings or rehearings of his or her case, and shall furnish
to the court such information and assistance as the court may
require. If so ordered, the probation officer shall take charge of
that person before and after any hearing or rehearing.
   (b) It shall be the duty of the probation officer to prepare for
every hearing on the disposition of a case a social study of the
minor, containing any matters that may be relevant to a proper
disposition of the case, as provided by Section 356, 358, 358.1,
361.5, 364, 366, 366.2, 366.21, 366.22, 366.25, 366.26, 366.3, 391,
702, or any other hearing for a dependent minor or nonminor dependent
if a social study is required by law, as is appropriate for the
specific hearing. The social study shall include a recommendation for
the disposition of the case, but shall not contain any information
that is privileged pursuant to Division 8 (commencing with Section
900) of the Evidence Code, including, but not limited to, privileged
information that is already contained in the probation or child
welfare file, or information obtained pursuant to Section 56.103 of
the Civil Code or Section 5328.04, unless there is a valid waiver by
the holder of the privilege.  
  SEC. 4.    Section 281 of the Welfare and
Institutions Code is amended to read:
   281.  (a) The probation officer shall, upon order of any court in
any matter involving the custody, status, or welfare of a minor or
minors, make an investigation of appropriate facts and circumstances
and prepare and file with the court written reports and written
recommendations in reference to those matters. The court is
authorized to receive and consider the reports and recommendations of
the probation officer in determining any of those matters.
   (b) A written report under this section shall not include any
information that is privileged pursuant to Division 8 (commencing
with Section 900) of the Evidence Code, including, but not limited
to, privileged information already contained in the probation or
child welfare file, or information obtained pursuant to Section
56.103 of the Civil Code or Section 5328.04, unless there is a valid
waiver by the holder of the privilege.  
  SEC. 5.    If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.