Patient Access to Health Records
Cal. HSC § 123105
California Statutes
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 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 of Division of the Business and Professions Code.
(6) A dentist licensed pursuant to
Chapter 4 (commencing with
Section 1600) of Division of the Business and Professions Code.
(7) A psychologist licensed pursuant to
Chapter 6.6 (commencing with
Section 2900) of Division of the Business and Professions Code.
(8) An optometrist licensed pursuant to
Chapter 7 (commencing with
Section 3000) of Division 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 of the Business and Professions Code.
(11) A clinical social worker licensed pursuant to
Chapter 14 (commencing with
Section 4990) of Division of the Business and Professions Code.
(12) A physical therapist licensed pursuant to
Chapter 5.7 (commencing with
Section 2600) of Division 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 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 of the Business and Professions Code.
(16) A physician assistant licensed pursuant to
Chapter 7.7 (commencing with
Section 3500) of Division of the Business and Professions Code.
(17) A nurse practitioner licensed pursuant to
Article 8 (commencing with
Section 2834) of
Chapter of Division 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 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 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 of the Probate Code or personal representative as defined in
Section 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.