Any person authorized to administer the State Authorized Risk Assessment Tool for Sex Offenders (SARATSO) and any person acting under authority from the SARATSO Review Committee as an expert to train, monitor, or review scoring by persons who administer the SARATSO, shall have access to all relevant records pertaining to a registered sex offense, including psychological evaluations and psychiatric hospital reports. Records and information obtained under this section shall not be subject to the California Public Records Act.
In its oversight of mental health plans (MHPs) and subcontractors, the Department of Mental Health may review client records of specialty mental health services provided under the Medi-Cal specialty mental health services waiver. “Client record” means a medical record, chart, or similar file.
A report assessing child custody and visitation rights shall include (1) a summary of a written report from any therapist treating the child for suspected child sexual abuse, reports from other professionals, and the results of any forensic medical examination and any other medical examination or treatment that could help establish or disprove whether the child has been the victim of sexual abuse, (2) any information regarding the presence of domestic violence or substance abuse in the family that has been obtained from medical personnel or records, prior or currently treating therapists, or f
Notwithstanding the general confidentiality protections of Welf. & Inst. Code 5328, information and records shall be disclosed for research, provided that the Director of Mental Health or the Director of Developmental Services designates by regulation, rules for the conduct of research and requires the research to be first reviewed by the appropriate institutional review board or boards. The rules shall include the requirement that all researchers sign an oath of confidentiality.
Notwithstanding Welf. & Inst. Code 5328, when an employee is served with a notice of adverse action, information and records relevant to the adverse action shall be disclosed if certain conditions are met, including a stipulation that prohibits the parties from disclosing or using the information or records for any purpose other than the proceedings for which the information or records were requested or provided.
The Department of Mental Health may contract with an independent, nongovernmental entity to conduct client record reviews. The entity must comply with all federal and state privacy laws, including the federal Health Insurance Portability and Accountability Act, the Confidentiality of Medical Information Act, and Section 1798.81.5 of the Civil Code [businesses that own or license personal information about Californians must provide reasonable security for that information]. The entity shall be subject to existing penalties for violation of these laws.
The mental health treatment or counseling of a minor authorized by this law shall include involvement of the minor's parent or guardian unless, in the opinion of the professional person who is treating or counseling the minor, the involvement would be inappropriate. The professional person shall state in the client record whether and when the person attempted to contact the minor's parent or guardian, and whether the attempt to contact was successful or unsuccessful, or the reason why it would be inappropriate to contact the minor's parent or guardian.