Elder and Dependent Adult Death Review Teams

Cal. PEN § 11174.8

California Statutes

(

a) Each organization represented on an elder death review team may share with other members of the team information in its possession concerning the decedent who is the subject of the review or any person who was in contact with the decedent and any other information deemed by the organization to be pertinent to the review. Any information shared by an organization with other members of a team is confidential. The intent of this subdivision is to permit the disclosure to members of the team of any information deemed confidential, privileged, or prohibited from disclosure by any other provision of law. (b)

(1) Written and oral information may be disclosed to an elder death review team established pursuant to this section. The team may make a request in writing for the information sought and any person with information of the kind described in paragraph (3) may rely on the request in determining whether information may be disclosed to the team.

(2) No individual or agency that has information governed by this subdivision shall be required to disclose information. The intent of this subdivision is to allow the voluntary disclosure of information by the individual or agency that has the information.

(3) The following information may be disclosed pursuant to this subdivision: (

A) Notwithstanding

Section 56.10 of the Civil Code, medical information. (

B) Notwithstanding

Section of the Welfare and Institutions Code, mental health information. (

C) Notwithstanding

Section 15633.5 of the Welfare and Institutions Code, information from elder abuse reports and investigations, except the identity of persons who have made reports, which shall not be disclosed. (

D) State

summary criminal history information, criminal offender record information, and local

summary criminal history information, as defined in Sections 11075, 11105, and 13300. (

E) Notwithstanding

Section 11163.2, information pertaining to reports by health practitioners of persons suffering from physical injuries inflicted by means of a firearm or of persons suffering physical injury where the injury is a result of assaultive or abusive conduct. (

F) Information provided to probation officers in the course of the performance of their duties, including, but not limited to, the duty to prepare reports pursuant to

Section 1203.10, as well as the information on which these reports are based. (

G) Notwithstanding

Section of the Welfare and Institutions Code, records relating to in-home supportive services, unless disclosure is prohibited by federal law. (

c) Written and oral information may be disclosed under this

section notwithstanding Sections 2263, 2918, 4982, and of the Business and Professions Code, the lawyer-client privilege protected by

Article 3 (commencing with

Section 950) of

Chapter of Division of the Evidence Code, the physician-patient privilege protected by

Article 6 (commencing with

Section 990) of

Chapter of Division of the Evidence Code, and the psychotherapist-patient privilege protected by

Article 7 (commencing with

Section 1010) of

Chapter of Division of the Evidence Code.

Document details

CollectionCalifornia Statutes
CitationCal. PEN § 11174.8
Date2002-01-01
Typestatute
Languageen
SourceCA_STAT
IdentifierPEN11174.8.20013012

Elder and Dependent Adult Death Review Teams

Cal. PEN § 11174.8

California Statutes

Elder and Dependent Adult Death Review Teams

Cal. PEN § 11174.8

California Statutes

(

a) Each organization represented on an elder death review team may share with other members of the team information in its possession concerning the decedent who is the subject of the review or any person who was in contact with the decedent and any other information deemed by the organization to be pertinent to the review. Any information shared by an organization with other members of a team is confidential. The intent of this subdivision is to permit the disclosure to members of the team of any information deemed confidential, privileged, or prohibited from disclosure by any other provision of law. (b)

(1) Written and oral information may be disclosed to an elder death review team established pursuant to this section. The team may make a request in writing for the information sought and any person with information of the kind described in paragraph (3) may rely on the request in determining whether information may be disclosed to the team.

(2) No individual or agency that has information governed by this subdivision shall be required to disclose information. The intent of this subdivision is to allow the voluntary disclosure of information by the individual or agency that has the information.

(3) The following information may be disclosed pursuant to this subdivision: (

A) Notwithstanding

Section 56.10 of the Civil Code, medical information. (

B) Notwithstanding

Section of the Welfare and Institutions Code, mental health information. (

C) Notwithstanding

Section 15633.5 of the Welfare and Institutions Code, information from elder abuse reports and investigations, except the identity of persons who have made reports, which shall not be disclosed. (

D) State

summary criminal history information, criminal offender record information, and local

summary criminal history information, as defined in Sections 11075, 11105, and 13300. (

E) Notwithstanding

Section 11163.2, information pertaining to reports by health practitioners of persons suffering from physical injuries inflicted by means of a firearm or of persons suffering physical injury where the injury is a result of assaultive or abusive conduct. (

F) Information provided to probation officers in the course of the performance of their duties, including, but not limited to, the duty to prepare reports pursuant to

Section 1203.10, as well as the information on which these reports are based. (

G) Notwithstanding

Section of the Welfare and Institutions Code, records relating to in-home supportive services, unless disclosure is prohibited by federal law. (

c) Written and oral information may be disclosed under this

section notwithstanding Sections 2263, 2918, 4982, and of the Business and Professions Code, the lawyer-client privilege protected by

Article 3 (commencing with

Section 950) of

Chapter of Division of the Evidence Code, the physician-patient privilege protected by

Article 6 (commencing with

Section 990) of

Chapter of Division of the Evidence Code, and the psychotherapist-patient privilege protected by

Article 7 (commencing with

Section 1010) of

Chapter of Division of the Evidence Code.

Document details

CollectionCalifornia Statutes
CitationCal. PEN § 11174.8
Date2002-01-01
Typestatute
Languageen
SourceCA_STAT
IdentifierPEN11174.8.20013012