SECTIONS 5540-5546 - California Statutes

WELFARE AND INSTITUTIONS CODE

SECTION 5540-5546

5540. Except as otherwise provided in this chapter or in other
provisions of law, information about and records of recipients of
mental health services shall be confidential in accordance with the
provisions of Section 5328.

5541. (a) A specific authorization by the client or by the guardian
ad litem is necessary for a county patients' rights advocate to have
access to, copy or otherwise use confidential records or information
pertaining to the client. Such an authorization shall be given
knowingly and voluntarily by a client or guardian ad litem and shall
be in writing or be reduced to writing. The client or the guardian ad
litem, whoever has entered into the agreement, may revoke such
authorization at any time, either in writing or by oral declaration
to the advocate.
(b) When specifically authorized by the client or the guardian ad
litem, the county patients' rights advocate may inspect and copy
confidential client information and records.

5542. County patients' rights advocates shall have the right to
inspect or copy, or both, any records or other materials not subject
to confidentiality under Section 5328 or other provisions of law in
the possession of any mental health program, services, or facilities,
or city, county or state agencies relating to an investigation on
behalf of a client or which indicate compliance or lack of compliance
with laws and regulations governing patients' rights, including, but
not limited to, reports on the use of restraints or seclusion, and
autopsy reports.

5543. (a) Notwithstanding any other provision of law, with the
authorization of the client, a county patients' rights advocate may,
to the extent necessary for effective advocacy, communicate to the
client information contained in client records. The facility program,
or agency, shall be allowed to remove from the records any
information provided in confidence by members of a client's family.

5544. Any written client information obtained by county patients'
rights advocates may be used and disseminated in court or
administrative proceedings, and to any public agencies, or authorized
officials thereof, to the extent required in the providing of
advocacy services defined in this chapter, and to the extent that
authority to so disclose is obtained from the advocate's clients.

5545. Nothing in this chapter shall be construed to limit access to
recipients of mental health services in any mental health facility,
program, or service or to information or records of recipients of
mental health services for the purposes of subdivision (b) of Section
5520 or when otherwise authorized by law to county patients' rights
advocates or other individuals who are not county patients' rights
advocates.

5546. The actual cost of copying any records or other materials
authorized under this chapter, plus any additional reasonable
clerical costs, incurred in locating and making the records and
materials available, shall be borne by the advocate. The additional
clerical costs shall be based on a computation of the time spent
locating and making the records available multiplied by the employee'
s hourly wage.