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CA SB1407

Bill

Status

Passed

9/27/2012

Primary Sponsor

Mark Leno

Click for details

Origin

Senate

2011-2012 Session

AI Summary

  • Prohibits psychotherapists from releasing mental health records of minors removed from parental custody in dependency proceedings based solely on parental authorization, unless the juvenile court authorizes such release after finding it would not be detrimental to the minor.

  • Requires parents or guardians to present a copy of the juvenile court's authorization order to the psychotherapist before any mental health records or information can be released or inspected.

  • Does not restrict a psychotherapist's existing authority to deny access to records under other circumstances, and does not affect liability protections for such denials.

  • Imposes no duty on psychotherapists to investigate or inquire whether a minor has been removed from parental custody when presented with a court authorization order.

  • Applies to all providers of health care who serve as psychotherapists and covers mental health records as defined in Health and Safety Code Section 123105.

Legislative Description

Medical information: disclosure.

Last Action

Chaptered by Secretary of State. Chapter 657, Statutes of 2012.

9/27/2012

Committee Referrals

Appropriations6/19/2012
Judiciary6/7/2012
Appropriations5/10/2012
Public Safety5/9/2012
Judiciary4/9/2012
Rules2/24/2012

Full Bill Text

No bill text available