56.10-56.16

CIVIL CODE
SECTION 56.10-56.16




56.10.  (a) No provider of health care, health care service plan, or
contractor shall disclose medical information regarding a patient of
the provider of health care or an enrollee or subscriber of a health
care service plan without first obtaining an authorization, except
as provided in subdivision (b) or (c).
   (b) A provider of health care, a health care service plan, or a
contractor shall disclose medical information if the disclosure is
compelled by any of the following:
   (1) By a court pursuant to an order of that court.
   (2) By a board, commission, or administrative agency for purposes
of adjudication pursuant to its lawful authority.
   (3) By a party to a proceeding before a court or administrative
agency pursuant to a subpoena, subpoena duces tecum, notice to appear
served pursuant to Section 1987 of the Code of Civil Procedure, or
any provision authorizing discovery in a proceeding before a court or
administrative agency.
   (4) By a board, commission, or administrative agency pursuant to
an investigative subpoena issued under Article 2 (commencing with
Section 11180) of Chapter 2 of Part 1 of Division 3 of Title 2 of the
Government Code.
   (5) By an arbitrator or arbitration panel, when arbitration is
lawfully requested by either party, pursuant to a subpoena duces
tecum issued under Section 1282.6 of the Code of Civil Procedure, or
another provision authorizing discovery in a proceeding before an
arbitrator or arbitration panel.
   (6) By a search warrant lawfully issued to a governmental law
enforcement agency.
   (7) By the patient or the patient's representative pursuant to
Chapter 1 (commencing with Section 123100) of Part 1 of Division 106
of the Health and Safety Code.
   (8) By a coroner, when requested in the course of an investigation
by the coroner's office for the purpose of identifying the decedent
or locating next of kin, or when investigating deaths that may
involve public health concerns, organ or tissue donation, child
abuse, elder abuse, suicides, poisonings, accidents, sudden infant
deaths, suspicious deaths, unknown deaths, or criminal deaths, or
when otherwise authorized by the decedent's representative. Medical
information requested by the coroner under this paragraph shall be
limited to information regarding the patient who is the decedent and
who is the subject of the investigation and shall be disclosed to the
coroner without delay upon request.
   (9) When otherwise specifically required by law.
   (c) A provider of health care or a health care service plan may
disclose medical information as follows:
   (1) The information may be disclosed to providers of health care,
health care service plans, contractors, or other health care
professionals or facilities for purposes of diagnosis or treatment of
the patient. This includes, in an emergency situation, the
communication of patient information by radio transmission or other
means between emergency medical personnel at the scene of an
emergency, or in an emergency medical transport vehicle, and
emergency medical personnel at a health facility licensed pursuant to
Chapter 2 (commencing with Section 1250) of Division 2 of the Health
and Safety Code.
   (2) The information may be disclosed to an insurer, employer,
health care service plan, hospital service plan, employee benefit
plan, governmental authority, contractor, or any other person or
entity responsible for paying for health care services rendered to
the patient, to the extent necessary to allow responsibility for
payment to be determined and payment to be made. If (A) the patient
is, by reason of a comatose or other disabling medical condition,
unable to consent to the disclosure of medical information and (B) no
other arrangements have been made to pay for the health care
services being rendered to the patient, the information may be
disclosed to a governmental authority to the extent necessary to
determine the patient's eligibility for, and to obtain, payment under
a governmental program for health care services provided to the
patient. The information may also be disclosed to another provider of
health care or health care service plan as necessary to assist the
other provider or health care service plan in obtaining payment for
health care services rendered by that provider of health care or
health care service plan to the patient.
   (3) The information may be disclosed to a person or entity that
provides billing, claims management, medical data processing, or
other administrative services for providers of health care or health
care service plans or for any of the persons or entities specified in
paragraph (2). However, information so disclosed shall not be
further disclosed by the recipient in a way that would violate this
part.
   (4) The information may be disclosed to organized committees and
agents of professional societies or of medical staffs of licensed
hospitals, licensed health care service plans, professional standards
review organizations, independent medical review organizations and
their selected reviewers, utilization and quality control peer review
organizations as established by Congress in Public Law 97-248 in
1982, contractors, or persons or organizations insuring, responsible
for, or defending professional liability that a provider may incur,
if the committees, agents, health care service plans, organizations,
reviewers, contractors, or persons are engaged in reviewing the
competence or qualifications of health care professionals or in
reviewing health care services with respect to medical necessity,
level of care, quality of care, or justification of charges.
   (5) The information in the possession of a provider of health care
or health care service plan may be reviewed by a private or public
body responsible for licensing or accrediting the provider of health
care or health care service plan. However, no patient-identifying
medical information may be removed from the premises except as
expressly permitted or required elsewhere by law, nor shall that
information be further disclosed by the recipient in a way that would
violate this part.
   (6) The information may be disclosed to the county coroner in the
course of an investigation by the coroner's office when requested for
all purposes not included in paragraph (8) of subdivision (b).
   (7) The information may be disclosed to public agencies, clinical
investigators, including investigators conducting epidemiologic
studies, health care research organizations, and accredited public or
private nonprofit educational or health care institutions for bona
fide research purposes. However, no information so disclosed shall be
further disclosed by the recipient in a way that would disclose the
identity of a patient or violate this part.
   (8) A provider of health care or health care service plan that has
created medical information as a result of employment-related health
care services to an employee conducted at the specific prior written
request and expense of the employer may disclose to the employee's
employer that part of the information that:
   (A) Is relevant in a lawsuit, arbitration, grievance, or other
claim or challenge to which the employer and the employee are parties
and in which the patient has placed in issue his or her medical
history, mental or physical condition, or treatment, provided that
information may only be used or disclosed in connection with that
proceeding.
   (B) Describes functional limitations of the patient that may
entitle the patient to leave from work for medical reasons or limit
the patient's fitness to perform his or her present employment,
provided that no statement of medical cause is included in the
information disclosed.
   (9) Unless the provider of health care or a health care service
plan is notified in writing of an agreement by the sponsor, insurer,
or administrator to the contrary, the information may be disclosed to
a sponsor, insurer, or administrator of a group or individual
insured or uninsured plan or policy that the patient seeks coverage
by or benefits from, if the information was created by the provider
of health care or health care service plan as the result of services
conducted at the specific prior written request and expense of the
sponsor, insurer, or administrator for the purpose of evaluating the
application for coverage or benefits.
   (10) The information may be disclosed to a health care service
plan by providers of health care that contract with the health care
service plan and may be transferred among providers of health care
that contract with the health care service plan, for the purpose of
administering the health care service plan. Medical information shall
not otherwise be disclosed by a health care service plan except in
accordance with this part.
   (11) This part does not prevent the disclosure by a provider of
health care or a health care service plan to an insurance
institution, agent, or support organization, subject to Article 6.6
(commencing with Section 791) of Chapter 1 of Part 2 of Division 1 of
the Insurance Code, of medical information if the insurance
institution, agent, or support organization has complied with all of
the requirements for obtaining the information pursuant to Article
6.6 (commencing with Section 791) of Chapter 1 of Part 2 of Division
1 of the Insurance Code.
   (12) The information relevant to the patient's condition, care,
and treatment provided may be disclosed to a probate court
investigator in the course of an investigation required or authorized
in a conservatorship proceeding under the
Guardianship-Conservatorship Law as defined in Section 1400 of the
Probate Code, or to a probate court investigator, probation officer,
or domestic relations investigator engaged in determining the need
for an initial guardianship or continuation of an existing
guardianship.
   (13) The information may be disclosed to an organ procurement
organization or a tissue bank processing the tissue of a decedent for
transplantation into the body of another person, but only with
respect to the donating decedent, for the purpose of aiding the
transplant. For the purpose of this paragraph, "tissue bank" and
"tissue" have the same meanings as defined in Section 1635 of the
Health and Safety Code.
   (14) The information may be disclosed when the disclosure is
otherwise specifically authorized by law, including, but not limited
to, the voluntary reporting, either directly or indirectly, to the
federal Food and Drug Administration of adverse events related to
drug products or medical device problems, or to disclosures made
pursuant to subdivisions (b) and (c) of Section 11167 of the Penal
Code by a person making a report pursuant to Sections 11165.9 and
11166 of the Penal Code, provided that those disclosures concern a
report made by that person.
   (15) Basic information, including the patient's name, city of
residence, age, sex, and general condition, may be disclosed to a
state-recognized or federally recognized disaster relief organization
for the purpose of responding to disaster welfare inquiries.
   (16) The information may be disclosed to a third party for
purposes of encoding, encrypting, or otherwise anonymizing data.
However, no information so disclosed shall be further disclosed by
the recipient in a way that would violate this part, including the
unauthorized manipulation of coded or encrypted medical information
that reveals individually identifiable medical information.
   (17) For purposes of disease management programs and services as
defined in Section 1399.901 of the Health and Safety Code,
information may be disclosed as follows: (A) to an entity contracting
with a health care service plan or the health care service plan's
contractors to monitor or administer care of enrollees for a covered
benefit, if the disease management services and care are authorized
by a treating physician, or (B) to a disease management organization,
as defined in Section 1399.900 of the Health and Safety Code, that
complies fully with the physician authorization requirements of
Section 1399.902 of the Health and Safety Code, if the health care
service plan or its contractor provides or has provided a description
of the disease management services to a treating physician or to the
health care service plan's or contractor's network of physicians.
This paragraph does not require physician authorization for the care
or treatment of the adherents of a well-recognized church or
religious denomination who depend solely upon prayer or spiritual
means for healing in the practice of the religion of that church or
denomination.
   (18) The information may be disclosed, as permitted by state and
federal law or regulation, to a local health department for the
purpose of preventing or controlling disease, injury, or disability,
including, but not limited to, the reporting of disease, injury,
vital events, including, but not limited to, birth or death, and the
conduct of public health surveillance, public health investigations,
and public health interventions, as authorized or required by state
or federal law or regulation.
   (19) The information may be disclosed, consistent with applicable
law and standards of ethical conduct, by a psychotherapist, as
defined in Section 1010 of the Evidence Code, 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.
   (20) The information may be disclosed as described in Section
56.103.
   (21) (A) The information may be disclosed to an employee welfare
benefit plan, as defined under Section 3(1) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. Sec. 1002(1)),
which is formed under Section 302(c)(5) of the Taft-Hartley Act (29
U.S.C. Sec. 186(c)(5)), to the extent that the employee welfare
benefit plan provides medical care, and may also be disclosed to an
entity contracting with the employee welfare benefit plan for
billing, claims management, medical data processing, or other
administrative services related to the provision of medical care to
persons enrolled in the employee welfare benefit plan for health care
coverage, if all of the following conditions are met:
   (i) The disclosure is for the purpose of determining eligibility,
coordinating benefits, or allowing the employee welfare benefit plan,
or the contracting entity, to advocate on the behalf of a patient or
enrollee with a provider, a health care service plan, or a state or
federal regulatory agency.
   (ii) The request for the information is accompanied by a written
authorization for the release of the information submitted in a
manner consistent with subdivision (a) and Section 56.11.
   (iii) The disclosure is authorized by and made in a manner
consistent with the Health Insurance Portability and Accountability
Act of 1996 (Public Law 104-191).
   (iv) Any information disclosed is not further used or disclosed by
the recipient in any way that would directly or indirectly violate
this part or the restrictions imposed by Part 164 of Title 45 of the
Code of Federal Regulations, including the manipulation of the
information in any way that might reveal individually identifiable
medical information.
   (B) For purposes of this paragraph, Section 1374.8 of the Health
and Safety Code shall not apply.
   (22) Information may be disclosed pursuant to subdivision (a) of
Section 15633.5 of the Welfare and Institutions Code by a person
required to make a report pursuant to Section 15630 of the Welfare
and Institutions Code, provided that the disclosure under subdivision
(a) of Section 15633.5 concerns a report made by that person.
Covered entities, as they are defined in Section 160.103 of Title 45
of the Code of Federal Regulations, shall comply with the
requirements of the Health Insurance Portability and Accountability
Act (HIPAA) privacy rule pursuant to subsection (c) of Section
164.512 of Title 45 of the Code of Federal Regulations if the
disclosure is not for the purpose of public health surveillance,
investigation, intervention, or reporting an injury or death.
   (d) Except to the extent expressly authorized by a patient or
enrollee or subscriber or as provided by subdivisions (b) and (c), a
provider of health care, health care service plan, contractor, or
corporation and its subsidiaries and affiliates shall not
intentionally share, sell, use for marketing, or otherwise use
medical information for a purpose not necessary to provide health
care services to the patient.
   (e) Except to the extent expressly authorized by a patient or
enrollee or subscriber or as provided by subdivisions (b) and (c), a
contractor or corporation and its subsidiaries and affiliates shall
not further disclose medical information regarding a patient of the
provider of health care or an enrollee or subscriber of a health care
service plan or insurer or self-insured employer received under this
section to a person or entity that is not engaged in providing
direct health care services to the patient or his or her provider of
health care or health care service plan or insurer or self-insured
employer.



56.1007.  (a) A provider of health care, health care service plan,
or contractor may, in accordance with subdivision (c) or (d),
disclose to a family member, other relative, domestic partner, or a
close personal friend of the patient, or any other person identified
by the patient, the medical information directly relevant to that
person's involvement with the patient's care or payment related to
the patient's health care.
   (b) A provider of health care, health care service plan, or
contractor may use or disclose medical information to notify, or
assist in the notification of, including identifying or locating, a
family member, a personal representative of the patient, a domestic
partner, or another person responsible for the care of the patient of
the patient's location, general condition, or death. Any use or
disclosure of medical information for those notification purposes
shall be in accordance with the provisions of subdivision (c), (d),
or (e), as applicable.
   (c) (1) Except as provided in paragraph (2), if the patient is
present for, or otherwise available prior to, a use or disclosure
permitted by subdivision (a) or (b) and has the capacity to make
health care decisions, the provider of health care, health care
service plan, or contractor may use or disclose the medical
information if it does any of the following:
   (A) Obtains the patient's agreement.
   (B) Provides the patient with the opportunity to object to the
disclosure, and the patient does not express an objection.
   (C) Reasonably infers from the circumstances, based on the
exercise of professional judgment, that the patient does not object
to the disclosure.
   (2) A provider of health care who is a psychotherapist, as defined
in Section 1010 of the Evidence Code, may use or disclose medical
information pursuant to this subdivision only if the psychotherapist
complies with subparagraph (A) or (B) of paragraph (1).
   (d) If the patient is not present, or the opportunity to agree or
object to the use or disclosure cannot practicably be provided
because of the patient's incapacity or an emergency circumstance, the
provider of health care, health care service plan, or contractor
may, in the exercise of professional judgment, determine whether the
disclosure is in the best interests of the patient and, if so,
disclose only the medical information that is directly relevant to
the person's involvement with the patient's health care. A provider
of health care, health care service plan, or contractor may use
professional judgment and its experience with common practice to make
reasonable inferences of the patient's best interest in allowing a
person to act on behalf of the patient to pick up filled
prescriptions, medical supplies, X-rays, or other similar forms of
medical information.
   (e) A provider of health care, health care service plan, or
contractor may use or disclose medical information to a public or
private entity authorized by law or by its charter to assist in
disaster relief efforts, for the purpose of coordinating with those
entities the uses or disclosures permitted by subdivision (b). The
requirements in subdivisions (c) and (d) apply to those uses and
disclosures to the extent that the provider of health care, health
care service plan, or contractor, in the exercise of professional
judgment, determines that the requirements do not interfere with the
ability to respond to the emergency circumstances.
   (f) Nothing in this section shall be construed to interfere with
or limit the access authority of Protection and Advocacy, Inc., the
Office of Patients' Rights, or any county patients' rights advocates
to access medical information pursuant to any state or federal law.



56.101.  Every provider of health care, health care service plan,
pharmaceutical company, or contractor who creates, maintains,
preserves, stores, abandons, destroys, or disposes of medical records
shall do so in a manner that preserves the confidentiality of the
information contained therein. Any provider of health care, health
care service plan, pharmaceutical company, or contractor who
negligently creates, maintains, preserves, stores, abandons,
destroys, or disposes of medical records shall be subject to the
remedies and penalties provided under subdivisions (b) and (c) of
Section 56.36.



56.102.  (a) A pharmaceutical company may not require a patient, as
a condition of receiving pharmaceuticals, medications, or
prescription drugs, to sign an authorization, release, consent, or
waiver that would permit the disclosure of medical information that
otherwise may not be disclosed under Section 56.10 or any other
provision of law, unless the disclosure is for one of the following
purposes:
   (1) Enrollment of the patient in a patient assistance program or
prescription drug discount program.
   (2) Enrollment of the patient in a clinical research project.
   (3) Prioritization of distribution to the patient of a
prescription medicine in limited supply in the United States.
   (4) Response to an inquiry from the patient communicated in
writing, by telephone, or by electronic mail.
   (b) Except as provided in subdivision (a) or Section 56.10, a
pharmaceutical company may not disclose medical information provided
to it without first obtaining a valid authorization from the patient.



56.103.  (a) A provider of health care may disclose medical
information to a county social worker, a probation officer, or any
other person who is legally authorized to have custody or care of a
minor for the purpose of coordinating health care services and
medical treatment provided to the minor.
   (b) For purposes of this section, health care services and medical
treatment includes one or more providers of health care providing,
coordinating, or managing health care and related services,
including, but not limited to, a provider of health care coordinating
health care with a third party, consultation between providers of
health care and medical treatment relating to a minor, or a provider
of health care referring a minor for health care services to another
provider of health care.
   (c) For purposes of this section, a county social worker, a
probation officer, or any other person who is legally authorized to
have custody or care of a minor shall be considered a third party who
may receive any of the following:
   (1) Medical information described in Sections 56.05 and 56.10.
   (2) Protected health information described in Section 160.103 of
Title 45 of the Code of Federal Regulations.
   (d) Medical information disclosed to a county social worker,
probation officer, or any other person who is legally authorized to
have custody or care of a minor shall not be further disclosed by the
recipient unless the disclosure is for the purpose of coordinating
health care services and medical treatment of the minor and the
disclosure is authorized by law. Medical information disclosed
pursuant to this section may not be admitted into evidence in any
criminal or delinquency proceeding against the minor. Nothing in this
subdivision shall prohibit identical evidence from being admissible
in a criminal proceeding if that evidence is derived solely from
lawful means other than this section and is permitted by law.
   (e) (1) Notwithstanding Section 56.104, if a provider of health
care determines that the disclosure of medical information concerning
the diagnosis and treatment of a mental health condition of a minor
is reasonably necessary for the purpose of assisting in coordinating
the treatment and care of the minor, that information may be
disclosed to a county social worker, probation officer, or any other
person who is legally authorized to have custody or care of the
minor. The information shall not be further disclosed by the
recipient unless the disclosure is for the purpose of coordinating
mental health services and treatment of the minor and the disclosure
is authorized by law.
   (2) As used in this subdivision, "medical information" does not
include psychotherapy notes as defined in Section 164.501 of Title 45
of the Code of Federal Regulations.
   (f) The disclosure of information pursuant to this section is not
intended to limit the disclosure of information when that disclosure
is otherwise required by law.
   (g) For purposes of this section, "minor" means a minor taken into
temporary custody or as to who a petition has been filed with the
court, or who has been adjudged to be a dependent child or ward of
the juvenile court pursuant to Section 300 or 601 of the Welfare and
Institutions Code.
   (h) (1) Except as described in paragraph (1) of subdivision (e),
nothing in this section shall be construed to limit or otherwise
affect existing privacy protections provided for in state or federal
law.
   (2) Nothing in this section shall be construed to expand the
authority of a social worker, probation officer, or custodial
caregiver beyond the authority provided under existing law to a
parent or a patient representative regarding access to medical
information.


56.104.  (a) Notwithstanding subdivision (c) of Section 56.10,
except as provided in subdivision (e), no provider of health care,
health care service plan, or contractor may release medical
information to persons or entities who have requested that
information and who are authorized by law to receive that information
pursuant to subdivision (c) of Section 56.10, 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 pursuant to
subdivision (b) and to the provider of health care, health care
service plan, or contractor a written request, signed by the person
requesting the information or an authorized agent of the entity
requesting the information, that includes all of the following:
   (1) The specific information relating to a patient's participation
in outpatient treatment with a psychotherapist being requested and
its specific intended use or uses.
   (2) The length of time during which the information will be kept
before being destroyed or disposed of. A person or entity may extend
that timeframe, provided that the person or entity notifies the
provider, plan, or contractor of the extension. Any notification of
an extension shall include the specific reason for the extension, the
intended use or uses of the information during the extended time,
and the expected date of the destruction of the information.
   (3) A statement that the information will not be used for any
purpose other than its intended use.
   (4) 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 in paragraph (2) has
expired.
   (b) The person or entity requesting the information shall submit a
copy of the written request required by this section 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 provider of health care or health
care service plan waiving notification.
   (c) For purposes of this section, "psychotherapist" means a person
who is both a "psychotherapist" as defined in Section 1010 of the
Evidence Code and a "provider of health care" as defined in
subdivision (i) of Section 56.05.
   (d) This section does not apply to 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.
   (e) This section shall not apply to any of the following:
   (1) Information authorized to be disclosed pursuant to paragraph
(1) of subdivision (c) of Section 56.10.
   (2) Information requested from a psychotherapist by law
enforcement or by the target of the threat subsequent to a disclosure
by that psychotherapist authorized by paragraph (19) of subdivision
(c) of Section 56.10, in which the additional information is clearly
necessary to prevent the serious and imminent threat disclosed under
that paragraph.
   (3) Information disclosed by a psychotherapist pursuant to
paragraphs (14) and (22) of subdivision (c) of Section 56.10 and
requested by an agency investigating the abuse reported pursuant to
those paragraphs.
   (f) Nothing in this section shall be construed to grant any
additional authority to a provider of health care, health care
service plan, or contractor to disclose information to a person or
entity without the patient's consent.



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, 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 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.



56.11.  Any person or entity that wishes to obtain medical
information pursuant to subdivision (a) of Section 56.10, other than
a person or entity authorized to receive medical information pursuant
to subdivision (b) or (c) of Section 56.10, except as provided in
paragraph (21) of subdivision (c) of Section 56.10, shall obtain a
valid authorization for the release of this information.
   An authorization for the release of medical information by a
provider of health care, health care service plan, pharmaceutical
company, or contractor shall be valid if it:
   (a) Is handwritten by the person who signs it or is in a typeface
no smaller than 14-point type.
   (b) Is clearly separate from any other language present on the
same page and is executed by a signature which serves no other
purpose than to execute the authorization.
   (c) Is signed and dated by one of the following:
   (1) The patient. A patient who is a minor may only sign an
authorization for the release of medical information obtained by a
provider of health care, health care service plan, pharmaceutical
company, or contractor in the course of furnishing services to which
the minor could lawfully have consented under Part 1 (commencing with
Section 25) or Part 2.7 (commencing with Section 60).
   (2) The legal representative of the patient, if the patient is a
minor or an incompetent. However, authorization may not be given
under this subdivision for the disclosure of medical information
obtained by the provider of health care, health care service plan,
pharmaceutical company, or contractor in the course of furnishing
services to which a minor patient could lawfully have consented under
Part 1 (commencing with Section 25) or Part 2.7 (commencing with
Section 60).
   (3) The spouse of the patient or the person financially
responsible for the patient, where the medical information is being
sought for the sole purpose of processing an application for health
insurance or for enrollment in a nonprofit hospital plan, a health
care service plan, or an employee benefit plan, and where the patient
is to be an enrolled spouse or dependent under the policy or plan.
   (4) The beneficiary or personal representative of a deceased
patient.
   (d) States the specific uses and limitations on the types of
medical information to be disclosed.
   (e) States the name or functions of the provider of health care,
health care service plan, pharmaceutical company, or contractor that
may disclose the medical information.
   (f) States the name or functions of the persons or entities
authorized to receive the medical information.
   (g) States the specific uses and limitations on the use of the
medical information by the persons or entities authorized to receive
the medical information.
   (h) States a specific date after which the provider of health
care, health care service plan, pharmaceutical company, or contractor
is no longer authorized to disclose the medical information.
   (i) Advises the person signing the authorization of the right to
receive a copy of the authorization.



56.12.  Upon demand by the patient or the person who signed an
authorization, a provider of health care, health care service plan,
pharmaceutical company, or contractor possessing the authorization
shall furnish a true copy thereof.


56.13.  A recipient of medical information pursuant to an
authorization as provided by this chapter or pursuant to the
provisions of subdivision (c) of Section 56.10 may not further
disclose that medical information except in accordance with a new
authorization that meets the requirements of Section 56.11, or as
specifically required or permitted by other provisions of this
chapter or by law.


56.14.  A provider of health care, health care service plan, or
contractor that discloses medical information pursuant to the
authorizations required by this chapter shall communicate to the
person or entity to which it discloses the medical information any
limitations in the authorization regarding the use of the medical
information. No provider of health care, health care service plan, or
contractor that has attempted in good faith to comply with this
provision shall be liable for any unauthorized use of the medical
information by the person or entity to which the provider, plan, or
contractor disclosed the medical information.


56.15.  Nothing in this part shall be construed to prevent a person
who could sign the authorization pursuant to subdivision (c) of
Section 56.11 from cancelling or modifying an authorization. However,
the cancellation or modification shall be effective only after the
provider of health care actually receives written notice of the
cancellation or modification.



56.16.  For disclosures not addressed by Section 56.1007, unless
there is a specific written request by the patient to the contrary,
nothing in this part shall be construed to prevent a general acute
care hospital, as defined in subdivision (a) of Section 1250 of the
Health and Safety Code, upon an inquiry concerning a specific
patient, from releasing at its discretion any of the following
information: the patient's name, address, age, and sex; a general
description of the reason for treatment (whether an injury, a burn,
poisoning, or some unrelated condition); the general nature of the
injury, burn, poisoning, or other condition; the general condition of
the patient; and any information that is not medical information as
defined in subdivision (c) of Section 56.05.