§ 7142. Disclosure to Other Persons or Entities.

(a) Except as specifically authorized by sections 7141, 7143, and 7143.5, disclosure, including the fact that a particular individual is or has been an applicant or client, shall not be made to any person or entity unless the informed, written consent of the applicant or client has been obtained. The prohibition against disclosures without the informed written consent of the applicant or client 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:

(1) The name and social security number of the applicant or client.

(2) The name or title of the person or organization to whom the disclosure is to be made.

(3) The extent or nature of the information to be disclosed.

(4) A statement that the consent is subject to revocation at any time.

(5) The date on which the consent is signed.

(6) The signature of the applicant or client.

(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 applicant or client.

(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 applicant/client's HIV test result information outside the Department without the applicant/client's express written authorization or as is expressly authorized under Health and Safety Code section 199.24.

HISTORY

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).

Note

Note: Authority cited: Sections 19006 and 19016, Welfare and Institutions Code. Reference: Sections 1798.24 and 1798.25, Civil Code and 34 CFR Section 361.49.