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Summary:

Licensed midwives must report to the Office of Statewide Health Planning and Development certain information relating to the out-of-hospital births they assisted with in California. The Office must maintain the confidentiality of that information. The Office may not permit any law enforcement or regulatory agency to inspect or have copies made of the contents of any midwives' reports, for any purpose, including investigations for licensing, certification, or regulatory purposes. The Office shall report the aggregate information collected to the Medical Board of California by July 30 of each year; the Medical Board shall include this information in its annual report to the Legislature. The board, with input from the Midwifery Advisory Council, may adjust the data elements required to be reported to better coordinate with other reporting systems (e.g., the reporting system of the Midwives Alliance of North America (MANA)), while maintaining the data elements unique to California. To better capture data needed for the report required by this section, the concurrent use of systems (including MANA's) by licensed midwives is encouraged.

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:

Requires health care administrators to report instances of disciplinary action against licensed medical professionals to the agency. These reports do not act as a waiver of confidentiality of medical records.

Summary:

Subsection (g) specifies that the required filing of an 805 report (required from peer review bodies for disciplinary actions/investigations of medical practitioner) shall not act as a waiver of confidentiality of medical records and committee reports. The information reported or disclosed shall be kept confidential. Subsection (h) specifies that the Medical Board of California, the Osteopathic Medical Board of California, and the Dental Board of California shall disclose reports to requesting health facilities as required by Section 805.5. Under subsection (i), an 805 report shall be maintained by an agency for dissemination purposes for a period of three years after receipt.

Summary:

The head of a medical staff, peer review body, or licensed health care facility or clinic shall file a report with the relevant agency within 15 days after a peer review body makes a final decision to sanction a licentiate (e.g., physician and surgeon, podiatrist, clinical psychologist, marriage and family therapist, clinical social worker, professional clinical counselor, dentist, physician assistant, or anyone authorized to practice medicine) based on the peer review body's investigation into any of four possible alleged malpractice actions: (1) incompetence or gross deviation from the standard of care; (2) the use or administration to oneself of controlled substances; (3) excessive furnishing of controlled substances without a lawful prescription and good faith examination/medical reason; (4) sexual misconduct with a patient during treatment or examination. The licentiate shall receive a notice of the proposed action, which shall also include notice of the licentiate’s right to submit additional explanatory or exculpatory statements. The relevant agency is entitled to inspect any statement of charges, documents, medical charts, exhibits, opinions, findings, conclusions, or any certified copy of medical records, as permitted by other applicable law. The information disclosed in the investigation shall be kept confidential and shall not be subject to discovery, though the information may be reviewed in an administrative disciplinary hearing.

Summary:

The Medical Board of California shall contract with an independent entity to conduct a comprehensive study of the peer review process. (e) The case files and other information obtained by the independent entity shall be confidential. The independent entity shall not release the case files or other information it obtains to any individual, agency, or entity, including the board, except as aggregate data, examples, or in the final report submitted to the board and the Legislature, but in no case shall information released under these exemptions be identifiable in any way or associated with, or related to, a specific facility, individual, or peer review body. (f) Information obtained by the independent entity, including raw data, patient information, case files or records, interviews and records of interviews, etc., shall not be subject to discovery/subpoena/subpoena duces tecum and shall not be admissible as evidence in any court of law in this state. The information described in this subdivision shall be subje

Summary:

A licensing agency may order a licentiate to be examined by one or more physicians, surgeons or psychologists if the licentiate appears to be unable to practice his profession safely due to of an impairment caused by mental or physical illness. The examination report must be made available to the licentiate and may used as evidence in subsequent proceedings.

Summary:

Investigative consumer reporting agency shall not furnish report to employer, court, insurance, or landlord if it includes medical information unless consumer consents.

Summary:

Each agency shall maintain in its records only personal information which is relevant and necessary to accomplish a purpose of the agency required or authorized by the California Constitution or statute or mandated by the federal government.

Summary:

An agency that collects personal information, including electronically, must maintain the source(s) in accessible form to the data subject unless the source is the data subject or she or he has received a copy of the source document.

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