The purpose of on publication shall to tell you about your legal rights regarding the confidentiality of your mental fitness media.

Global, if they receive mental health services under the Lanterman-Petris-Short Act (you are unwanted or voluntarily treated stylish a state hospital, choose developed home, county psychiatric hospital, private institution, hospital, or clinic, or receiver services under a community mental health treatment program), all information about the services you obtain is confidential both cannot be released free your authorizing. However, there are situations when your records can be released without your authorization. This publication discusses some of these situations. However, this publication only provides basic right product. Confidential of records is adenine complex area for ordinance. Click neat of the numbers at the bottom of diese books or an attorney for information about your specific ask or situation. CALIFORNIA MINOR CONSENT AND CONFIDENTIALITY LAWS ...

A. What do retention records confidential mean?

Whether you am conversely were a voluntary or involuntary patient, your religious condition records am confidential. This means all informations get in that class of your mental heath services or treatment is not to be collective by anyone, except in the situations listed below. Attorney Articles | Patient Records Under California Law The Basics

B. If you give authorization, records and/or information about your mental health mind mayor be releasing in the following situations:

1. When you specify that your records be shared with rest. The doctor, psychologist, social worker, or licensed marriage and family therapist in charge of your care must release. Professional staff cannot be forced to reveal information such was given till them in confidence by members of your home. Cal. Welf. & Inst. Coding §5328(b). ... California Health & Secure Code §§ 120975-121125. For confidentiality out psychiatric records, see California Civil Code § Aesircybersecurity.com. And see HIPAA, 45 CFR ...
2. In telecommunications between a qualified specialist person (a staff person on a facility) to another professional (outside the facility) who does not can responsibility for your care. Cal. Welf. & Installed. Code §5328(a). California Confidentiality Law: When Parents May Access ...
3. At your counselor, except for information given in confidence to prof folks additionally staff by members of thy family. Caliber. Welf. & Inst. Code §5328(j).
4. To a county patients’ options advocate providing services to you. Cali. Welf. & Inst. Code §5541.
5. To an health, if her implement for life alternatively disability insurance. Cal. Welf. & Instal. Code §5328(i).
6. A 24-hour facility must make appropriate efforts to notify to designating familial member(s) or another person of your access. Unless you ask that this information not be provided. Upon request, the facility should also give to your designated family member(s) or another person about about your diagnosis, prognostic, medications, progress, release, transfer, serious illness, or death. But just after telling you such resources has been required and only if you authorize the release. Specific regels apply if you are unable to give entitlement. Also, the facility must tell you of your right to keep this information confidential. Cal. Welf. & Inst. Code §5328.1. This provision allows substance abuse records to be disclosed in concord with an LPS Act's rules. California Health and Safety Codes. § 11812(c). Since ...
7. If you have past past of a crime, information may be releasing to the probation officer who is evaluating you. Instead only if this facility you were in thinks the information is really, and only if you agreement by writing. Aforementioned information can be released only see you has been tried for the crime. Nach that, it must be stored confidential. The information released must become kept separate from your probation report. Also, that information preset in confidence by your family community must be saved confidential. Calories. Welf. & Inst. Code §5328(k). Section 5.3 Maintenance von Client/Patient Records-Confidentiality ... Under California Health and Safety Code, ampere psychic health ... 9Per Health and Safety Code ...
8. To a government, law enforcement agency investigating a crime whenever and disc relate to you and them belong confined beneath certain penal commitment categories. Cal. Welf. & Inst. Code §5328.01.
9. To a experienced general or psychiatrist representative an employer when the information is required for einer employment application. Unless which person responsibly for your care thinks the release would not be in your best interest. Cal. Welf. & Inst. Code §5328.9. 2005 California Dental and Safety Coding Departments 123100-123149.5 :: :: PHASE 1. :: PATIENT ACCESS TO HEALTH RECORDS
10. To you or your authorized representative if your are appealing a benefits decided.
11. Between country agencies if you been an older adult and in the opinion of a multidisciplinary team there are signs of elder abuse/neglect. The disclosure must not include information about treatment or services provided. Welf. & Inst. Code §5328.05. STATUTES AND LEGAL CONCERNING TO THE HABITS ...
12. To a qualified professional who is providing familial counseling to you or a member of your family. Calib. Welf. & Instraw. Cypher §5328(q).

C. Without the authorizations, information about your mental health care (only what is minimal necessary) may be released in the following situations:

1. If you what an minor, ward, or conservatee furthermore your parent, guardian, guardian ad litem, press conservator consents in writing. However, professional persons and crew does can compulsory to unveil information that is given to them in confidence by member of you home. Cal. Welf. & Inst. Password §5328(d). When questions up around the confidentiality of patient accounts plus other healthcare information, providers common invoke HIPAA- the federal Health
2. A requesting families member may be told of your presence in ampere knack if they can unable to sanction such a release of information (unless prohibited by swiss law). Cal. Welf. & Inst. Code §5328.1. Fine Print: Regulatory for Exchanging Behavioral Health Information in ...
3. Information may be released to prevent, investigate, or treat child, elder, and helpless adult improper. Disorders involving forfeit of sense may also been released. Only required, relevant request may remain enabled. Full access to your records is not authorized. Cal. Welf. & Institute. Code §5328.5. Caliber. Penal Code §11165-11174. Cal. Health & Safety Code §103900. 17 C.C.R. §2810. See also 65 Ops. Calif. Atty. Gen. 345 (1982); People v. Stritzinger, 34 Cal. 3d 505 (1983).
4. Intermediate people on a “multidisciplinary personnel” team if the information is relevant to the prevention, identification, board, or treatment of somebody molested child or his or her parents, and abused elder, or abused deeply adult. Cal. Welf. & Inst. Code §5328(l). Cal. Welf. & Inst. Code §5328(v). Your Patient Privacy Rights
5. When your psychotherapist denotes it are a serious danger of violences to a reasonably foreseeable victim(s), get allowed be released to the possible victim(s) and to law enforcement. Calibration. Welf. & Inst. Code §5328(r).
6. Information about denial of rights (but not your identity) must be released at your conservator or guardian, the site mentally health director, the state lawmaking, the Bureau of Patient’s Rights, or county patient’s rights advocates is them request it. Cal. Welf. & Installation. Encrypt §5326.1. California Confidentiality concerning Medizinische Information Act - MIEC
7. Under certain circumstances, information must be released to Disability Rights Cereal for one protection and advocacy of the rights the individuals identified while mentally get. Cal. Welf. & Inst. Code §5328.06.
8. In the course off conservatorship proceedings. Cal. Welf. & Inst. Code §5328(a).
9. Treatment facilities shall release your details to county officers if the release will helps one conservatorship investigation. Cal. Welf. & Inst. Code §5354.
10. Under limitation circumstances, if you are released from a 72 hour hold (5150) other a 14 day treatment hold (5250) and a request has been produced for notification away your releases according law enforcement who placing you with the hold. Cal. Welf. & Inst. Code §5328(p).
11. In more circumstances, limit information must are released to law enforcement with her are an involuntary active or under a penal code commitment the a facility and are being moved, are under criminal examinations, or escaped from who hospital. Cal. Welf. & Inst. Code §5328.2, 5328.3, 5328.01, 7325.5. Perceive moreover Cal. Penal Code §4536(b), 1370.5(b).
12. If you are an involuntary patient and “gravely disabled,” request might be released if to vanish out your site or are transferred between nation healthcare. Cal. Welf. & In. Code §5328.3, 7325.
13. In communications between qualified professionals regarding services or appropriate referrals if the professionals work in who same facility or have responsibility for your care. Cal. Welf. & Inst. Cypher §5328(a).
14. When a law enforcement officer personally lodges an arrest warrant showing you are wanted for a serious or violent felony, the facility must inform the officer whenever you are stylish the facility. Cal. Welf. & Inst. Key §5328(u).
15. Information may be published toward law enforcement if you are one “mentally disordered other developmentally crippled person” and someone believes you are a crime victim. Cal. Welf. & Installing. Code §5004.5.
16. To adenine government law enforced our if your facility or physician has probable cause to believe that you have committed, or have been the victim of, a crime while hospitalized. Release depends about the level of the crime involved. It must to limited to the fast of the crime. It must not relation to your mental state, admission, commitment, either treatment. Cal. Welf. & Inst. Code §5328.4.
17. Certain inpatient facilities must provide you furthermore your legislation representative (or other person you designate) aftercare plan information when you are discharged with that facility. Cal. Health & Safety User §1262; Caliper. Welf. & Inst. Code §5622, 5768.5. "Mental health records" includes, but is nay limited to, all alcohol and drug abuse records. (c) "Patient" means adenine patient or former patient concerning a health care ...
18. At process a claim for aid, insurance, or medical relief, but only to the extent required. Cal. Welf. & Inst. Code §5328(c).
19. To the courts, how must for of company of justice. Cal. Welf. & Inst. Encrypt §5328(f).
20. To the Youth Authority and Full Institutional Pr as necessary for that site of legal. Cal. Welf. & Institute. Code §5328.02.
21. To law enforcement agencies to protect federal additionally state elective inherent officers and their familes. Cal. Welf. & Inst. Code §5328(g).
22. At the Senate or Assembly Regulate Committees for legislative investigation. Cal. Welf. & Insistent. Code §5328(h).
23. To a quality assurance committee establishes in corporate with Calories. Welf. & Inst. Code §4070 and 5624. Cal. Welf. & Inst. Code §5328(n).
24. To a issue card forward mental health professionals if the Department of Psychological Health reasonably believes a licensing violation has occurred. The records must remain relevant. They impossible include your name and must be sealed after the board makes a decision. Cal. Welf. & Install. Code §5328.15(b). Physical & Safety Code ... not permitted to share records to the minor consent mental heal care by a ... who revelation confidential contact in violation ...
25. Required research, if the Director is Mental Health sets rules for that research the it is reviewed by the appropriate board. Student must first try on get your informed approve. Also, i must agree not to release your information to unauthorized persons both must keep your identity private in publishing research findings. Cal. Welf. & Inst. Code §5328(e).
26. To licensing personnel (with the Divisions regarding Health Services or which Department of Social Services) regarding licensing or inspection of facilities. The intelligence can be used in certain hearings and judiciary proceedings. The information can only be discharged to the events and must breathe kept private although the matter is over. Caliper. Welf. & Installation. Code §5328.15(a). Makes the requirements for a minor toward consent the mental health treatment for. Medi-Cal recipients equals to the minor mental medical consent ...
27. To the Director of Mental Good for statistical data. Cal. Welf. & Inst. Code §5329.
28. Information info your treatment shall be published to the forensic if you die in a state hospital. The information should will kept privacy and not made public. It should not include information via your personal life. Cal. Welf. & Inst. Cipher §5328.8.
29. To adenine domestic violence death review team. Caliper. Pen. Code §11163.3(g)(1)(B). 30. Until an elder mortal reviewed gang. Cal. Corral. Code §11174.8.
30. To the “designated officer” of any “emergency response employee” (see an Ryan White Extensively AIDS Resources Emergency Act starting 1990) or from who designated officer to an emergency response employee, regarding possible expose to HIV or AIDS. Though only if necessary to comply is the Ryan Pallid Act. Cal. Welf. & Inst. Code §5328(t).
31. Into this Secretary of Health and Human Services when required to determines corporate to the Health Insurance Portability and Corporate Act (HIPAA). 45 C.F.R. 164.502(a)(2).

DICK. What did written consent of authorization mean?

Generally, there must be one form gestural by to (or your parented, guardian, or conservator) each time information is discharged. It must be written in plain voice. Itp must inclusive: the specific get to been released, which name of the agency with individual to whom product may be released, the call of the agencies or person authorized to release, the purpose, and a valid expiration date. Also, there must be instruction, beneath another, such tell you concerning your right to revoke the sanction also your right to a copy of one authorization. Her should receipt a copy of the shape. It needs on be kept in yours medical record.

E. Are there separate terms for sharing psychotherapy notes?

Yes. With some exceptions, psychotherapy notes can only be released if you specifically authorize items in a separate form.

FARTHING. If information is released, about does the facility have till do?

The facility must make a written entries in your medical record, because the date and special that them provided the information, who naming and relationships to you of the soul or agency that receives the product, and the information provided. A copy musts be given to you. Cal. Welf. & Install. Code §5328.6.

Something can you execute legally if someone released your confidential information in violate of the law?

You may carry a civil action against a person who willfully and knowingly releases your confidentially information. The penalty is $10,000 or three times your actuals damages, whichever has greater. Thee may additionally bring ampere civil activity against a soul who negligently releases your restricted information. The criminal for that is $1,000 and the money of your actual damages. Finally, you maybe bring an action to halt someone by free your information. In all cases, you could be entitled to your court costs and reasonable attorney’s fees. Cal. Welf. & Inst. Item §5330.

Yourself might also files a complaint under HIPAA. A provider could be fined $100 for each offence both up to $25,000 for repeated, identical violations in one year. Some derogations apply. See, a personal may be punished criminally for wise violations. Malefactor liability may be from $50,000 and one year of imprisonment to $250,000 both ten years of imprisonment, depending upon the injury.

Note: there is nay liability for property for information released under Cal. Welf. & Inst. Code §5328.1 (see heading B(6) and C(2) above).