California Code of Regulations
Title 9 - Rehabilitative and Developmental Services
Division 3 - Department of Rehabilitation
Chapter 2 - Referral and Application Processes; Order of Selection; Eligibility; Record of Services; Individualized Plan for Employment (IPE)
Article 6 - Confidentiality
Section 7142 - Disclosure to Other Persons or Entities
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Except as specifically authorized by sections 7141, 7143, and 7143.5, no disclosure, shall be made to any person or entity about receiving services from the Department or being in the process of obtaining services from the Department, unless the informed, written consent of the individual whose records are being requested has been obtained by the Department. The prohibition against disclosures without the informed written consent of the individual applies irrespective of whether the person or party seeking disclosure already has the information, has other means of obtaining it, has obtained a subpoena, or asserts any other basis or justification for disclosure not expressly authorized by these regulations.
(b) The consent for disclosure shall be in writing and should, as appropriate, contain:
(c) The consent shall be valid for a period not to exceed 30 days from the date the consent is signed unless otherwise specified in writing by the individual.
(d) The Counselor shall record pertinent details of each disclosure in the case record including the date disclosed and the person or entity to whom the information was disclosed.
(e) The Department shall not disclose an individual's HIV test result information outside the Department without the individual's express written authorization or as is expressly authorized under Health and Safety Code section 121025.
1. Renumbering of
section 7284 to section
7142 filed 6-21-90; operative 7-21-90
(Register 90, No. 35).
2. Amendment of subsection (c), and new
subsections (d) and (e) filed 5-2-91; operative 6-1-91 (Register 91, No.
25).
3. Change without regulatory effect amending subsection (e) and
amending NOTE filed 5-12-2016 pursuant to section
100, title 1, California Code of
Regulations (Register 2016, No. 20).
4. Amendment filed 2-17-2023;
operative 2-17-2023 pursuant to Government Code section
11343.4(b)(3)
(Register 2023, No. 7).
Note: Authority cited: Sections 19006 and 19016, Welfare and Institutions Code. Reference: Sections 1798.24 and 1798.25, Civil Code; Section 121025, Health and Safety Code; and 34 CFR Section 361.38.
