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California Health and Safety Code Section 123115

Legal Research Home > California Laws > Health and Safety Code > California Health and Safety Code Section 123115

123115.  (a) The representative of a minor shall not be entitled to
inspect or obtain copies of the minor's patient records in either of
the following circumstances:
   (1) With respect to which the minor has a right of inspection
under Section 123110.
   (2) Where the health care provider determines that access to the
patient records requested by the representative would have a
detrimental effect on the provider's professional relationship with
the minor patient or the minor's physical safety or psychological
well-being. The decision of the health care provider as to whether or
not a minor's records are available for inspection or copying under
this section shall not attach any liability to the provider, unless
the decision is found to be in bad faith.
   (b) When a health care provider determines there is a substantial
risk of significant adverse or detrimental consequences to a patient
in seeing or receiving a copy of mental health records requested by
the patient, the provider may decline to permit inspection or provide
copies of the records to the patient, subject to the following
conditions:
   (1) The health care provider shall make a written record, to be
included with the mental health records requested, noting the date of
the request and explaining the health care provider's reason for
refusing to permit inspection or provide copies of the records,
including a description of the specific adverse or detrimental
consequences to the patient that the provider anticipates would occur
if inspection or copying were permitted.
   (2) (A) The health care provider shall permit inspection by, or
provide copies of the mental health records to, a licensed physician
and surgeon, licensed psychologist, licensed marriage and family
therapist, licensed clinical social worker, or licensed professional
clinical counselor, designated by request of the patient.
   (B) Any person registered as a marriage and family therapist
intern, as defined in Chapter 13 (commencing with Section 4980) of
Division 2 of the Business and Professions Code, may not inspect the
patient's mental health records or obtain copies thereof, except
pursuant to the direction or supervision of a licensed professional
specified in subdivision (g) of Section 4980.03 of the Business and
Professions Code. Prior to providing copies of mental health records
to a registered marriage and family therapist intern, a receipt for
those records shall be signed by the supervising licensed
professional.
   (C) Any person registered as a clinical counselor intern, as
defined in Chapter 16 (commencing with Section 4999.10) of Division 2
of the Business and Professions Code, may not inspect the patient's
mental health records or obtain copies thereof, except pursuant to
the direction or supervision of a licensed professional specified in
subdivision (h) of Section 4999.12 of the Business and Professions
Code. Prior to providing copies of mental health records to a person
registered as a clinical counselor intern, a receipt for those
records shall be signed by the supervising licensed professional.
   (D) A licensed physician and surgeon, licensed psychologist,
licensed marriage and family therapist, licensed clinical social
worker, licensed professional clinical counselor, registered marriage
and family therapist intern, or person registered as a clinical
counselor intern to whom the records are provided for inspection or
copying shall not permit inspection or copying by the patient.
   (3) The health care provider shall inform the patient of the
provider's refusal to permit him or her to inspect or obtain copies
of the requested records, and inform the patient of the right to
require the provider to permit inspection by, or provide copies to, a
licensed physician and surgeon, licensed psychologist, licensed
marriage and family therapist, licensed clinical social worker, or
licensed professional clinical counselor designated by written
authorization of the patient.
   (4) The health care provider shall indicate in the mental health
records of the patient whether the request was made under paragraph
(2).
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Last modified: March 17, 2014