BILL ANALYSIS
AB 681
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 681 (Hernandez)
As Amended June 23, 2009
Majority vote
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|ASSEMBLY: |78-0 |(May 11, 2009) |SENATE: |40-0 |(June 29, |
| | | | | |2009) |
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Original Committee Reference: HEALTH
SUMMARY : Permits a health care provider to release otherwise
confidential medical information about a patient's participation
in outpatient treatment with a psychotherapist if the
psychotherapist has disclosed medical information pursuant to an
existing exception under circumstance relating to preventing or
lessening a serious imminent threat to the health and safety of
a reasonably foreseeable victim or victims and is clearly
necessary to prevent serious and imminent harm. The disclosure
must be pursuant to a request for information from law
enforcement subsequent to the disclosure.
The Senate amendments delete the previous exception and recast
the language to more specifically address the intended
situation.
EXISTING LAW :
1)Prohibits, under the Confidentiality of Medical Information
Act (CMIA), a health care provider, health care service plan,
or contractor from releasing medical information to persons or
entities authorized by law to receive that information if the
requested information specifically relates to the patient's
participation in outpatient treatment with a psychotherapist,
unless the person or entity requesting that information
submits to the patient and to the health care provider, health
care service plan, or contractor a written request, signed by
the person requesting the information, that includes all of
the following:
a) The specific information relating to a patient's
participation in outpatient treatment with a
psychotherapist being requested and its specific intended
AB 681
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use or uses;
b) The length of time during which the information will be
kept before being destroyed or disposed of;
c) A statement that the information will not be used for
any purpose other than its intended use; and,
d) A statement that the person or entity requesting the
information will destroy the information and all copies in
the person's or entity's possession or control, will cause
it to be destroyed, or will return the information and all
copies of it before or immediately after the length of time
specified has expired.
2)Requires the person or entity requesting the information to
submit a copy of the required written request to the patient
within 30 days of receipt of the information requested, unless
the patient has signed a written waiver in the form of a
letter signed and submitted by the patient to the health care
provider or health care service plan waiving notification.
3)Exempts from the above requirements the disclosure or use of
medical information by a law enforcement agency or a
regulatory agency when required for an investigation of
unlawful activity or for licensing, certification, or
regulatory purposes, unless the disclosure is otherwise
prohibited by law.
4)Permits a psychotherapist to disclose medical information, if
the psychotherapist, in good faith, believes the disclosure is
necessary to prevent or lessen a serious and imminent threat
to the health or safety of a reasonably foreseeable victim or
victims, and the disclosure is made to a person or persons
reasonably able to prevent or lessen the threat, including the
target of the threat.
AS PASSED BY THE ASSEMBLY , this bill permitted a provider of
health care services to disclose medical information related to
a patient's participation in outpatient treatment if the
psychotherapist, in good faith, believed the disclosure was
necessary to prevent or lessen a serious and imminent threat to
the health or safety of a reasonably foreseeable victim or
victims, and the disclosure is made to a person or persons
AB 681
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reasonably able to prevent or lessen the threat, including the
target of the threat, without having a signed request by the
entity requesting the information that must be furnished to the
patient and the health care provider, health care service plan,
or contractor that meets specified requirements.
FISCAL EFFECT : None
COMMENTS : The Senate amendments are to specifically allow law
enforcement to have access to medical records after a
psychotherapist has reported a threat. These amendments advance
the sponsor's (California Association of Marriage and Family
Therapists (CAMFT), stated purpose to disclose medical
information in a more timely fashion when a patient presents a
serious or imminent threat to health and safety. CAMFT argues
that an exception to the request and notification requirement is
warranted where quick action is required when a disclosure can
be made to prevent or lessen a serious imminent threat to the
health or safety of a reasonably foreseeable victim or victims
Analysis Prepared by : Marjorie Swartz / HEALTH / (916)
319-2097
FN: 0001584