Bus. & Prof. Code 2516 (2006; amended by AB 1308, 2013)

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.

Bus. & Prof. Code 4112 (1996; amended 1997, 1999, 2000)

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.

Bus. & Prof. Code 805(g), (h), and (i)

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.

Bus. & Prof. Code 805.01 (Added by SB 700, 2010)

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.

Bus. & Prof. Code 805.2(e) and (f)

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

Civil Code 1786.12(f)

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

Civil Code 1798.14

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.

Civil Code 1798.16 (1977; amended 1998, 1999)

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.

Civil Code 1798.16 (1977; amended by AB 724, 1999)

An agency that collects personal information, including electronically, must maintain the source(s) in accessible form that can be provided to the data subject; unless 1) the source is the data subject, or 2) he or she has received a copy of the source document, or 3) the data subject that has requested that the electronic information be discarded.

Civil Code 1798.17

Each agency that collects personal information shall provide the following notice: the name of the agency/division requesting the information; the contact information of the agency official responsible for the system of records and who shall, upon request, inform an individual regarding the location of his or her records and the categories of any persons who use the information in those records; the legal authority for the maintenance of the information; whether submission of such information is mandatory or voluntary; the consequences of not providing all or any part of the requested information; the purpose for which the information will be used; any known or foreseeable disclosures which may be made of the information; the individual's right of access to records containing personal information which are maintained by the agency.