Medical information: disclosure.

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. A violation of these provisions that causes economic loss or personal injury to a patient is punishable as a misdemeanor. 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 prohibit a psychotherapist, as defined, who knows that a minor has been removed from the physical custody of his or her parent or guardian in dependency proceedings, from releasing or disclosing the information in the mental health records of that minor patient to the patient's parent or guardian based solely on an authorization to release those records signed by the parent or guardian, and from allowing the parent or guardian to inspect or obtain those records, unless the juvenile court has authorized the parent or guardian to sign an authorization for the release of those records after finding that the authorization order would not be detrimental to the minor. Under the bill, when the juvenile court issues such an order, the parent or guardian would be required to present a copy of the order to the psychotherapist before the release of the records or any information about the minor. When presented with the order, the psychotherapist would have no duty to inquire into whether a minor has been removed from the physical custody of his or her parent or guardian in dependency proceedings. Because a violation of these provisions that causes economic loss or personal injury to a patient would be punishable as a misdemeanor, this bill would impose a state-mandated local program. The bill would not affect a psychotherapist's ability to deny a parent's or guardian's request to inspect or obtain a minor's records in specified circumstances, and would not affect the psychotherapist's immunity from liability for that decision. 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 no reimbursement is required by this act for a specified reason.