Section 10015 - Medical Information - Special Considerations(a) Whenever a complaint includes allegations that require the department to obtain and analyze medical information, such as complaints alleging physical or mental disability discrimination, denial of reasonable accommodation, pregnancy discrimination, and/or a violation of the California Family Rights Act (Gov. Code, § 12945.1 et seq.), the complainant shall authorize the department in writing to request and obtain copies of all directly relevant medical records or information reasonably necessary to evaluate and prosecute the complaint.(b) During the enforcement division's investigation, all medical records the department obtains during the investigation shall be maintained in a section of the case file clearly marked "Medical Records" or otherwise designated as "Confidential."(c) If a civil action is filed, all directly relevant medical records or information reasonably necessary to prosecute the civil complaint, if any, may be disclosed by the department when disclosure is necessary to further prosecution and/or settlement of the claim.(d) No medical records or information shall be disclosed by the department in response to a request for public records made pursuant to the California Public Records Act. (Gov. Code, § 6254(c).)(e) No medical records or information shall be disclosed by the department in response to a third-party subpoena unless a Notice to Consumer/Employee has been served on the complainant and there has been no objection communicated to the department by the complainant or the complainant's attorney. (Code. Civ. Proc., §§ 1985.3, 1985.6, and 2020.410.)(f) The department shall abide by complainant's attorney's requests to protect the privacy of complainant's medical information. However, if the department is unable to obtain the medical information and records it deems reasonably necessary to investigate and/or prosecute a complainant's allegations, the department may discontinue the investigation and close the complaint.Cal. Code Regs. Tit. 2, § 10015
1. New section filed 9-7-2011; operative 10-7-2011 (Register 2011, No. 36).
2. Amendment of subsection (c) filed 10-27-2014 as an emergency; operative 10-27-2014 (Register 2014, No. 44). A Certificate of Compliance must be transmitted to OAL by 4-27-2015 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 10-27-2014 order transmitted to OAL 4-20-2015 and filed 6-2-2015 (Register 2015, No. 23).
4. Amendment of subsection (b) filed 8-31-2017; operative 10-1-2017 (Register 2017, No. 35). Note: Authority cited: Section 12930(e), Government Code. Reference: Board of Trustees v. Superior Court (1981) 119 Cal.App.3d 516 [174 Cal.Rptr. 160] [discovery of private information requires direct relevance to claim]; Sections 1985.3, 1985.6 and 2020.410, Code of Civil Procedure; and Sections 6253, 6254(c), 12930(f)(1), 12940(a), 12940(m), 12945, 12945.1, 12945.2 and 12960(b), Government Code.
1. New section filed 9-7-2011; operative 10-7-2011 (Register 2011, No. 36).
2. Amendment of subsection (c) filed 10-27-2014 as an emergency; operative 10/27/2014 (Register 2014, No. 44). A Certificate of Compliance must be transmitted to OAL by 4-27-2015 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 10-27-2014 order transmitted to OAL 4-20-2015 and filed 6-2-2015 (Register 2015, No. 23).
4. Amendment of subsection (b) filed 8-31-2017; operative 10/1/2017 (Register 2017, No. 35).