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Summary:

An optometrist may practice optometry in any health facility or residential facility provided that certain conditions are met, including: (1) the optometrist has a primary business office (separate from the facility) that is available by telephone during normal business hours for access to patient records; (2) the optometrist complies with all state and federal laws regulations regarding maintenance and protection of health records; (3) records are maintained so that the type and extent of services provided to patients are conspicuously disclosed; (4) the records are disclosed to patients at or near the time of services rendered and are maintained in a designated office; (5) information about prescriptions issued to a patient are included in the patient's chart; (6) a copy of any referral or order requesting optometric services for a patient from the health facility's or residential care facility's administrator, director of social services, the attending physician and surgeon, the patient, or a family member shall be kept in the patient's medical record; and (7) the optometrist keeps all necessary records for a minimum of seven years from the date of service in order to disclose fully the extent of services furnished to a patient.

Summary:

Any document relevant to the business operations of a licensee, and not involving medical records attributable to identifiable patients, may be inspected and copied where relevant to an investigation of a licensee by the Attorney General or other authorized investigators.

Summary:

Out-of-state pharmacies doing business in California must keep records of controlled substances or dangerous devices dispensed to patients so that the records are readily retrievable from the records of other drugs dispensed. These pharmacies must comply with requests for information from the appropriate California regulatory agency and the oversight agency in the pharmacy's home state.

Summary:

A business that owns or licenses personal information about a California resident shall implement and maintain reasonable security procedures and practices to protect the personal information from unauthorized access, destruction, use, modification, or disclosure. A business that discloses personal information about a California resident pursuant to a contract with a nonaffiliated third party shall require by contract that the third party implement similar security procedures.

Summary:

Any person or business that conducts business in California, and that owns or licenses computerized data that includes personal information, shall disclose any security breach to any resident of California whose unencrypted personal information was, or is reasonably believed to have been, acquired by an unauthorized person. Any person or business that maintains computerized data that includes personal information that the person or business does not own shall notify the owner or licensee of the information of any breach of the security of the data immediately following discovery, if the personal information was, or is reasonably believed to have been, acquired by an unauthorized person. Notification may be delayed if a law enforcement agency determines that the notification will impede a criminal investigation, in which case, notification shall be made after the law enforcement agency determines that it will not compromise the investigation.

Summary:

With some exceptions, if a business has an established business relationship with a customer and has within the immediately preceding calendar year disclosed personal information, including medical conditions and drugs, therapies, or medical products/equipment used, to third parties that used the personal information for direct marketing purposes, that business shall, upon request from the customer, provide to the customer free of charge: (1) a list of the categories of personal information disclosed by the business to third parties for the third parties' direct marketing purposes during the immediately preceding calendar year; and (2) the names and addresses of the third parties and in some cases, examples of the products or services marketed, sufficient to give the customer a reasonable indication of the nature of the third parties' business.

Summary:

A business may not request medical information for marketing purposes unless the business discloses the marketing purpose, and gains the consent of the data subject or the subject's authorized representative prior to obtaining the medical information. The section also lays out requirements for the formatting, readability of written consent forms.

Keywords:
marketing, business
Summary:

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 entity cannot use, sell, or disclose client records for a purpose other than the one for which the record was given. “Client record” means a medical record, chart, or similar file.

Summary:

Under the direct responsibility and supervision of an ophthalmologist or optometrist, an assistant in any setting where optometry or ophthalmology is practiced may collect preliminary patient data, including taking a patient history.

Summary:

(b) A pharmacy receiving an electronic transmission prescription shall not be required to reduce that prescription to writing or to hard copy form if, for three years from the last date of furnishing pursuant to that prescription or order, the pharmacy is able, upon request by the board, to immediately produce a hard copy report that includes for each date of dispensing of a dangerous drug or dangerous device pursuant to that prescription or order: (1) all of the information described in subparagraphs (A) to (E), inclusive, of paragraph (1) of subdivision (a) of Section 4040, and (2) the name or identifier of the pharmacist who dispensed the dangerous drug or dangerous device. This subdivision shall not apply to prescriptions for controlled substances classified in Schedule II, III, IV, or V, except as permitted pursuant to Section 11164.5 of the Health and Safety Code.

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