BILL NUMBER: SB 282	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Yee

                        FEBRUARY 14, 2013

   An act to amend Section 56.105 of the Civil Code, relating to
personal information.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 282, as introduced, Yee. Confidential medical information:
required authorization to disclose.
   The Confidentiality of Medical Information Act requires, among
other things, that a demand for settlement or offer to compromise
issued on a patient's behalf prior to the service of a complaint in
any action arising out of the professional negligence of a
specifically certified physician and surgeon be accompanied by an
authorization to disclose medical information to the persons or
organizations insuring, responsible for, or defending the
professional liability of the physician and surgeon in order to allow
an evaluation of the merits of the demand for settlement or offer of
compromise.
   This bill would extend these provisions to require that the
authorization to disclose medical information also accompany a demand
for settlement or offer to compromise issued on a patient's behalf
prior to the service of a complaint in any action arising out of the
professional negligence of a person holding a valid license as a
marriage and family therapist, as specified.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 56.105 of the Civil Code is amended to read:
   56.105.  Whenever, prior to the service of a complaint upon a
defendant in any action arising out of the professional negligence of
a person holding a valid physician's and surgeon's certificate
issued pursuant to Chapter 5 (commencing with Section 2000) of
Division 2 of the Business and Professions Code,  or a person
holding a valid license as a marriage and family therapist issued
pursuant to Chapter 13 (commencing with Section 4980) of Division 2
of the Business and Professions Code,  a demand for settlement
or offer to compromise is made on a patient's behalf, the demand or
offer shall be accompanied by an authorization to disclose medical
information to persons or organizations insuring, responsible for, or
defending professional liability that the certificate holder may
incur. The authorization shall be in accordance with Section 56.11
and shall authorize disclosure of that information that is necessary
to investigate issues of liability and extent of potential damages in
evaluating the merits of the demand for settlement or offer to
compromise.
   Notice of any request for medical information made pursuant to an
authorization as provided by this section shall be given to the
patient or the patient's legal representative. The notice shall
describe the inclusive subject matter and dates of the materials
requested and shall also authorize the patient or the patient's legal
representative to receive, upon request, copies of the information
at his or her expense.
   Nothing in this section shall be construed to waive or limit any
applicable privileges set forth in the Evidence Code except for the
disclosure of medical information subject to the patient's
authorization. Nothing in this section shall be construed as
authorizing a representative of any person from whom settlement has
been demanded to communicate in violation of the physician-patient
privilege with a treating physician  , or to communicate in
violation of the psychotherapist-patient privilege with a treating
licensed marriage and family therapist,  except for the medical
information request.
   The requirements of this section are independent of the
requirements of Section 364 of the Code of Civil Procedure.