Section 11845.5 Of Chapter 12. Registration Of Narcotic, Alcohol, And Other Drug Abuse Programs From California Health And Safety Code >> Division 10.5. >> Part 2. >> Chapter 12.
11845.5
. (a) The identity and records of the identity, diagnosis,
prognosis, or treatment of any patient, which identity and records
are maintained in connection with the performance of any alcohol and
other drug abuse treatment or prevention effort or function
conducted, regulated, or directly or indirectly assisted by the
department shall, except as provided in subdivision (c), be
confidential and be disclosed only for the purposes and under the
circumstances expressly authorized under subdivision (b).
(b) The content of any records referred to in subdivision (a) may
be disclosed in accordance with the prior written consent of the
client with respect to whom the record is maintained, but only to the
extent, under the circumstances, and for the purposes as clearly
stated in the release of information signed by the client.
(c) Whether or not the client, with respect to whom any given
record referred to in subdivision (a) is maintained, gives his or her
written consent, the content of the record may be disclosed as
follows:
(1) In communications between qualified professional persons
employed by the treatment or prevention program in the provision of
service.
(2) To qualified medical persons not employed by the treatment
program to the extent necessary to meet a bona fide medical
emergency.
(3) To qualified personnel for the purpose of conducting
scientific research, management audits, financial and compliance
audits, or program evaluation, but the personnel may not identify,
directly or indirectly, any individual client in any report of the
research, audit, or evaluation, or otherwise disclose patient
identities in any manner. For purposes of this paragraph, the term
"qualified personnel" means persons whose training and experience are
appropriate to the nature and level of work in which they are
engaged, and who, when working as part of an organization, are
performing that work with adequate administrative safeguards against
unauthorized disclosures.
(4) If the recipient of services is a minor, ward, or conservatee,
and his or her parent, guardian, or conservator designates, in
writing, persons to whom his or her identity in records or
information may be disclosed, except that nothing in this section
shall be construed to compel a physician and surgeon, psychologist,
social worker, nurse, attorney, or other professional person to
reveal information that has been given to him or her in confidence by
members of the client's family.
(5) If authorized by a court of competent jurisdiction granted
after application showing probable cause therefor, as provided in
subdivision (c) of Section 1524 of the Penal Code.
(d) Except as authorized by a court order granted under paragraph
(5) of subdivision (c), no record referred to in subdivision (a) may
be used to initiate or substantiate any criminal charges against a
client or to conduct any investigation of a client.
(e) The prohibitions of this section shall continue to apply to
records concerning any individual who has been a client, irrespective
of whether he or she ceases to be a client.