mental health professional

If a patient applies for employment and such employer requires the patient's hospital records, the records shall be forwarded (at the patient's request) to a qualified physician or psychiatrist representing the employer. Physician or administrative officer responsible for the patient may refuse to disclose records if they find that such disclosure is contrary to the patient's best interests. Physician must notify the patient within five days of such refusal to disclose.

The psychiatrist conducting the independent medical review of an inpatient minor must keep a record of the proceeding. After considering all of the clinical information, the psychiatrist shall issue a binding decision whether to continue in-patient treatment.

A licensed psychotherapist must immediately report the identify of a person subject to 8100(b) [patient with possession/control of a firearm who makes a serious threat of physical violence against a reasonably identifiable victim(s)] to a local law enforcement agency. The law enforcement agency must immediately notify the Department of Justice of the person subject to 8100(b).

Licensed psychologists must comply with a request for a patient's medical records within 15 days or face civil penalties.

Personal information disclosed by students to school counselors is confidential, with the exception of psychotherapist referrals for treatment, reports of child abuse, disclosures to principals or parents to vouchsafe the health and safety of the student or the school community, provided that such disclosures do not imperil the health and safety of the student. In addition, counselors may disclose personal information to law enforcement authorities under court order. Maintaining confidentiality of the personal information is not grounds for civil or criminal actions.

Any information of a personal nature disclosed by a student 12 years of age or older in the process of receiving counseling from a school counselor is confidential, except to report child abuse/neglect.

There is no psychotherapist-patient privilege if the psychotherapist is appointed by the court to examine the patient, unless the psychotherapist is appointed upon request of the patient's lawyer to obtain information to advise the patient of whether or not to utilize a defense based on insanity or on his mental or emotional condition. There is no privilege if the psychotherapist is appointed by the Board of Prison Terms to examine the patient.

There is no psychotherapist-patient privilege in a proceeding conducted at the request of a criminal defendant to determine his sanity.

There is no psychotherapist-patient privilege in a proceeding brought by the patient to establish his competence.

This section defines "sexual assault counselor."