Section 11174.8 Of Article 2.7. Elder And Dependent Adult Death Review Teams From California Penal Code >> Title 1. >> Part 4. >> Chapter 2. >> Article 2.7.
11174.8
. (a) Each organization represented on an elder death review
team may share with other members of the team information in its
possession concerning the decedent who is the subject of the review
or any person who was in contact with the decedent and any other
information deemed by the organization to be pertinent to the review.
Any information shared by an organization with other members of a
team is confidential. The intent of this subdivision is to permit the
disclosure to members of the team of any information deemed
confidential, privileged, or prohibited from disclosure by any other
provision of law.
(b) (1) Written and oral information may be disclosed to an elder
death review team established pursuant to this section. The team may
make a request in writing for the information sought and any person
with information of the kind described in paragraph (3) may rely on
the request in determining whether information may be disclosed to
the team.
(2) No individual or agency that has information governed by this
subdivision shall be required to disclose information. The intent of
this subdivision is to allow the voluntary disclosure of information
by the individual or agency that has the information.
(3) The following information may be disclosed pursuant to this
subdivision:
(A) Notwithstanding Section 56.10 of the Civil Code, medical
information.
(B) Notwithstanding Section 5328 of the Welfare and Institutions
Code, mental health information.
(C) Notwithstanding Section 15633.5 of the Welfare and
Institutions Code, information from elder abuse reports and
investigations, except the identity of persons who have made reports,
which shall not be disclosed.
(D) State summary criminal history information, criminal offender
record information, and local summary criminal history information,
as defined in Sections 11075, 11105, and 13300.
(E) Notwithstanding Section 11163.2, information pertaining to
reports by health practitioners of persons suffering from physical
injuries inflicted by means of a firearm or of persons suffering
physical injury where the injury is a result of assaultive or abusive
conduct.
(F) Information provided to probation officers in the course of
the performance of their duties, including, but not limited to, the
duty to prepare reports pursuant to Section 1203.10, as well as the
information on which these reports are based.
(G) Notwithstanding Section 10825 of the Welfare and Institutions
Code, records relating to in-home supportive services, unless
disclosure is prohibited by federal law.
(c) Written and oral information may be disclosed under this
section notwithstanding Sections 2263, 2918, 4982, and 6068 of the
Business and Professions Code, the lawyer-client privilege protected
by Article 3 (commencing with Section 950) of Chapter 4 of Division 8
of the Evidence Code, the physician-patient privilege protected by
Article 6 (commencing with Section 990) of Chapter 4 of Division 8 of
the Evidence Code, and the psychotherapist-patient privilege
protected by Article 7 (commencing with Section 1010) of Chapter 4 of
Division 8 of the Evidence Code.