164.502(a)

Summary:

:A covered entity may not use or disclose protected health information; exceptions.

Other Relevant California Code Sections:
Uses and disclosures of protected health information: general rules
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Summary:

Owners and laboratory directors of all clinical laboratories shall preserve medical records and laboratory records, as defined in this section, for three years from the date of testing, examination, or purchase. Failure to retain records accordingly is cause of legal action. Information in these medical records shall be confidential, with certain exceptions.

Summary:

After a diversion evaluation committee, in its discretion, has determined that a licensed dental hygienist has been rehabilitated and the diversion program is completed, the diversion evaluation committee shall purge and destroy all records pertaining to the licensee's participation in the diversion program.

Summary:

Within a telemedicine scenario, all existing laws regarding patient access to medical information and copies of medical records apply, and dissemination of any patient identifiable images or information from the telemedicine interaction to researchers or other entities shall not occur without the consent of the patient;

Summary:

A licensee who fails or refuses to comply with a request for the medical records of a patient within 15 days of receiving the request and authorization shall pay to the board a civil penalty. A health care facility shall comply with a request for the medical records of a patient to the board; failure to provide the authorizing patient's medical records to the board subjects the health care facility to a civil penalty. Failure by a licensee or health care facility to comply with a court order to release patient records to the board also results in a civil penalty.

Summary:

A pharmacist is authorized to perform the various listed functions. Pharmacist must register with federal DEA if authorized to prescribe controlled substances. This code section does not alter existing law regarding confidentiality of medical records or licensing of health care facilities.

Summary:

If a pharmacist substitutes the prescribed drug when filling a prescription, she must notify the patient of the substitution.

Summary:

The section describes acts that constitute unprofessional conduct by pharmacists; authorizes disciplinary action by the Board of Pharmacy; and clarifies that a wholesaler supplying a pharmacy is not required to obtain nor is authorized to have access to personal medical information (under the control of the pharmacist), except as specified under CMIA.

Summary:

If there is insufficient evidence to bring an action against a licentiate then all records of the proceedings shall be confidential and not subject to subpoena. If there are no further proceedings conducted to determine the licentiate's ability to practice within five years, then the licensing agency must destroy all records or the proceedings. If there are new proceedings within five years, then the records must be made available to the respondent.

Summary:

All records pertaining to the registered nurse's participation in the diversion program must be purged after the nursing diversion program committee and the program manager have determined that a registered nurse has successfully completed the diversion program.

Summary:

All Board of Registered Nursing and nursing diversion committee records and records of a proceeding pertaining to the participation of a registered nurse in the diversion program shall be kept confidential and are not subject to discovery or subpoena. However, such records are subject to discovery or subpoena if the registered nurse presents a threat to the public or his or her own health and safety, or has waived his or her rights to confidentiality.

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