§ 123105. — 123105. (Amended by Stats. 2020, Ch. 101, Sec. 1.)

California § 123105.

• Jurisdiction: California
• Code HSC: Health and Safety Code - HSC
• Div. 106.: DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT)
• Part 1.: PART 1. GENERAL ADMINISTRATION
• Ch. 1.: CHAPTER 1. Patient Access to Health Records

Text

As used in this chapter:
(a)
“Health care provider” means any of the following:
(1)
A health facility licensed pursuant to Chapter 2 (commencing with Section 1250) of Division 2.
(2)
A clinic licensed pursuant to Chapter 1 (commencing with Section 1200) of Division 2.
(3)
A home health agency licensed pursuant to Chapter 8 (commencing with Section 1725) of Division 2.
(4)
A physician and surgeon licensed pursuant to Chapter 5 (commencing with Section 2000) of
Division 2 of the Business and Professions Code or pursuant to the Osteopathic Act.
(5)
A podiatrist licensed pursuant to Article 22 (commencing with Section 2460) of Chapter 5 of Division 2 of the Business and Professions Code.
(6)
A dentist licensed pursuant to Chapter 4 (commencing with Section 1600) of Division 2 of the Business and Professions Code.
(7)
A psychologist licensed pursuant to Chapter 6.6 (commencing with Section 2900) of Division 2 of the Business and Professions Code.
(8)
An optometrist licensed pursuant to Chapter 7 (commencing with Section 3000) of Division 2 of the Business and Professions Code.
(9)
A chiropractor licensed pursuant to the Chiropractic Initiative Act.
(10)
A marriage and family therapist licensed pursuant to Chapter 13 (commencing with Section 4980) of Division 2 of the Business and Professions Code.
(11)
A clinical social worker licensed pursuant to Chapter 14 (commencing with Section 4990) of Division 2 of the Business and Professions Code.
(12)
A physical therapist licensed pursuant to Chapter 5.7 (commencing with Section 2600) of Division 2 of the Business and Professions Code.
(13)
An occupational therapist licensed pursuant to Chapter 5.6 (commencing with Section 2570).
(14)
A professional clinical counselor licensed pursuant to Chapter 16 (commencing with Section 4999.10) of Division 2 of the Business and Professions Code.
(15)
A speech-language pathologist or audiologist licensed pursuant to Chapter 5.3 (commencing with Section 2530) of Division 2 of the Business and Professions Code.
(16)
A physician assistant licensed pursuant to Chapter 7.7 (commencing with Section 3500) of Division 2 of the Business and Professions Code.
(17)
A nurse practitioner licensed pursuant to Article 8 (commencing with Section 2834) of Chapter 6 of Division 2 of the Business and Professions Code.
(b)
“Mental health records” means
patient records, or discrete portions thereof, specifically relating to evaluation or treatment of a mental disorder. “Mental health records” includes, but is not limited to, all alcohol and drug abuse records.
(c)
“Patient” means a patient or former patient of a health care provider.
(d)
“Patient records” means records in any form or medium maintained by, or in the custody or control of, a health care provider relating to the health history, diagnosis, or condition of a patient, or relating to treatment provided or proposed to be provided to the patient. “Patient records” includes only records pertaining to the patient requesting the records or whose representative requests the records. “Patient records” does not include information given in confidence to a health care provider by
a person other than another health care provider or the patient, and that material may be removed from any records prior to inspection or copying under Section 123110 or 123115. “Patient records” does not include information contained in aggregate form, such as indices, registers, or logs.
(e)
“Patient’s representative,” “patient’s personal representative,” or “representative” means any of the following:
(1)
A parent or guardian of a minor who is a patient.
(2)
The guardian or conservator of the person of an adult patient.
(3)
An agent as defined in Section 4607 of the Probate Code, to the extent necessary for the agent to fulfill the duties set forth in Division 4.7
(commencing with Section 4600) of the Probate Code.
(4)
The beneficiary as defined in Section 24 of the Probate Code or personal representative as defined in Section 58 of the Probate Code, of a deceased patient.
(f)
“Alcohol and drug abuse records” means patient records, or discrete portions thereof, specifically relating to evaluation and treatment of alcoholism or drug abuse.

Legislative History

Amended by Stats. 2020, Ch. 101, Sec. 1. (AB 2520) Effective January 1, 2021.