CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 1442Introduced by Senator Ochoa BoghFebruary 16, 2024 An act to amend Section 103865 of the Health and Safety Code, relating to public health.LEGISLATIVE COUNSEL'S DIGESTSB 1442, as introduced, Ochoa Bogh. Public health: Parkinsons disease.Existing law requires the State Public Health Officer to establish a statewide system for the collection of information determining the incidence of Parkinsons disease, and requires the officer, commencing on specified dates, to phase in statewide Parkinsons disease reporting regions, county or regional registries, and the statewide Parkinsons disease reporting system. Existing law requires the officer, on or before June 1, 2005, to submit an implementation and funding schedule to the Legislature.This bill would repeal those provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 103865 of the Health and Safety Code is amended to read:(a)The director shall establish a statewide system for the collection of information determining the incidence of Parkinsons disease. Commencing January 1, 2005, the director shall begin phasing in the statewide Parkinsons disease reporting regions. By July 1, 2006, all county or regional registries shall be implemented or initiated. By July 1, 2007, the statewide Parkinsons disease reporting system shall be fully operational. On or before June 1, 2005, the director shall submit an implementation and funding schedule to the Legislature.(b)103865. (a) The department may designate any demographic parts of the state as regional Parkinsons disease incidence reporting areas and may establish regional Parkinsons disease registries, with the responsibility and authority to carry out the intent of this section in designated areas. Designated regional registries shall provide to the department, on a timely basis, Parkinsons disease incidence data as designated by the department. The department may contract with an agency, including, but not limited to, a health systems agency, single-county health department, multicounty health department grouping, or nonprofit professional association, representing a designated Parkinsons disease reporting region for the purposes of collecting and collating Parkinsons disease incidence data.(c)(b) The director shall designate Parkinsons disease as a disease required to be reported in the state or any demographic parts of the state in which Parkinsons disease information is collected under this section. All cases of Parkinsons disease diagnosed or treated in the reporting area shall thereafter be reported to the representative of the department authorized to compile the Parkinsons disease data, or any individual, agency, or organization designated to cooperate with that representative.(d)(c) (1) Any A hospital or other facility providing therapy to Parkinsons disease patients within an area designated as a Parkinsons disease reporting area shall report each case of Parkinsons disease to the department or the authorized representative of the department in a format prescribed by the department. If the hospital or other facility fails to report in a format prescribed by the department, the departments authorized representative may access the information from the hospital or the facility and report it in the appropriate format. In these cases, the hospital or other facility shall reimburse the department or the authorized representative for its costs to access and report the information.(2) Any A physician and surgeon, pharmacist, or other health care practitioner diagnosing or providing treatment for Parkinsons disease patients shall report each Parkinsons disease case to the department or the authorized representative of the department except for those cases directly referred to a treatment facility or those previously admitted to a treatment facility for diagnosis or treatment of that instance of Parkinsons disease.(e)(d) All physicians, hospitals, outpatient clinics, and all other facilities, individuals, or agencies providing diagnostic or treatment services to patients with Parkinsons disease shall grant to the department or the authorized representative access to all records that would identify cases of Parkinsons disease or would establish characteristics of Parkinsons disease, treatment of Parkinsons disease, or medical status of any identified Parkinsons disease patient. Willful failure to grant access to those records shall be punishable by a civil penalty of up to five hundred dollars ($500) each day access is refused. Any civil penalties collected pursuant to this subdivision shall be deposited by the department in the General Fund.(f)(e) (1) Except as otherwise provided in this section, all information collected pursuant to this section shall be confidential. For purposes of this section, this information shall be referred to as confidential information.(2) The department and any regional Parkinsons disease registry designated by the department shall use the information to determine the sources of Parkinsons disease.(3) Persons with a valid scientific interest who are engaged in demographic, epidemiological, or other similar studies related to health who meet qualifications as determined by the department, and who agree, in writing, to maintain confidentiality, may be authorized access to confidential information.(4) The department and any regional Parkinsons disease registry designated by the department may enter into agreements to furnish confidential information to other states Parkinsons disease registries, federal Parkinsons disease control agencies, local health officers, or health researchers for the purposes of determining the sources of Parkinsons disease and evaluating measures designed to eliminate, alleviate, or ameliorate their effect. Before confidential information is disclosed to those agencies, officers, researchers, or out-of-state registries, the requesting entity shall agree in writing to maintain the confidentiality of the information, and in the case of researchers, shall also do both of the following:(A) Obtain approval of their committee for the protection of human subjects established in accordance with Part 46 (commencing with Section 46.101) of Title 45 of the Code of Federal Regulations.(B) Provide documentation to the department that demonstrates to the departments satisfaction that the entity has established the procedures and ability to maintain the confidentiality of the information.(5) Notwithstanding any other provision of law, any a disclosure authorized by this section shall include only the information necessary for the stated purpose of the requested disclosure, used for the approved purpose, and not be further disclosed.(6) The furnishing of confidential information to the department or its authorized representative in accordance with this section shall not expose any person, agency, or entity furnishing information to liability, and shall not be considered a waiver of any privilege or a violation of a confidential relationship.(7) The department shall maintain an accurate record of all persons who are given access to confidential information. The record shall include: the name of the person authorizing access; name, title, address, and organizational affiliation of persons given access; dates of access; and the specific purpose for which information is to be used. The record of access shall be open to public inspection during normal operating hours of the department.(8) Notwithstanding any other provision of law, no part of the confidential information shall be available for subpoena, nor shall it be disclosed, discoverable, or compelled to be produced in any civil, criminal, administrative, or other proceeding, nor shall this information be deemed admissible as evidence in any civil, criminal, administrative, or other tribunal or court for any reason.(9) Nothing in this subdivision shall This subdivision does not prohibit the publication by the department of reports and statistical compilations that do not in any way identify individual cases or individual sources of information.(10) Notwithstanding the restrictions in this subdivision, the individual to whom the information pertains shall have access to his or her the individuals own information in accordance with Chapter 1 (commencing with Section 1798) of Title 1.8 of the Civil Code.(g)(f) For the purpose of this section, Parkinsons disease means a chronic and progressive neurologic disorder resulting from deficiency of the neurotransmitter dopamine as the consequence of degenerative, vascular, or inflammatory changes in the area of the brain called the basal ganglia. It is characterized by tremor at rest, slow movements, rigidity of movement, droopy posture, muscle weakness, and unsteady or shuffling gait.(h)(g) Nothing in this section shall This section does not preempt the authority of facilities or individuals providing diagnostic or treatment services to patients with Parkinsons disease to maintain their own facility-based Parkinsons disease registries.
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 1442Introduced by Senator Ochoa BoghFebruary 16, 2024 An act to amend Section 103865 of the Health and Safety Code, relating to public health.LEGISLATIVE COUNSEL'S DIGESTSB 1442, as introduced, Ochoa Bogh. Public health: Parkinsons disease.Existing law requires the State Public Health Officer to establish a statewide system for the collection of information determining the incidence of Parkinsons disease, and requires the officer, commencing on specified dates, to phase in statewide Parkinsons disease reporting regions, county or regional registries, and the statewide Parkinsons disease reporting system. Existing law requires the officer, on or before June 1, 2005, to submit an implementation and funding schedule to the Legislature.This bill would repeal those provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
Senate Bill
No. 1442
Introduced by Senator Ochoa BoghFebruary 16, 2024
Introduced by Senator Ochoa Bogh
February 16, 2024
An act to amend Section 103865 of the Health and Safety Code, relating to public health.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 1442, as introduced, Ochoa Bogh. Public health: Parkinsons disease.
Existing law requires the State Public Health Officer to establish a statewide system for the collection of information determining the incidence of Parkinsons disease, and requires the officer, commencing on specified dates, to phase in statewide Parkinsons disease reporting regions, county or regional registries, and the statewide Parkinsons disease reporting system. Existing law requires the officer, on or before June 1, 2005, to submit an implementation and funding schedule to the Legislature.This bill would repeal those provisions.
Existing law requires the State Public Health Officer to establish a statewide system for the collection of information determining the incidence of Parkinsons disease, and requires the officer, commencing on specified dates, to phase in statewide Parkinsons disease reporting regions, county or regional registries, and the statewide Parkinsons disease reporting system. Existing law requires the officer, on or before June 1, 2005, to submit an implementation and funding schedule to the Legislature.
This bill would repeal those provisions.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 103865 of the Health and Safety Code is amended to read:(a)The director shall establish a statewide system for the collection of information determining the incidence of Parkinsons disease. Commencing January 1, 2005, the director shall begin phasing in the statewide Parkinsons disease reporting regions. By July 1, 2006, all county or regional registries shall be implemented or initiated. By July 1, 2007, the statewide Parkinsons disease reporting system shall be fully operational. On or before June 1, 2005, the director shall submit an implementation and funding schedule to the Legislature.(b)103865. (a) The department may designate any demographic parts of the state as regional Parkinsons disease incidence reporting areas and may establish regional Parkinsons disease registries, with the responsibility and authority to carry out the intent of this section in designated areas. Designated regional registries shall provide to the department, on a timely basis, Parkinsons disease incidence data as designated by the department. The department may contract with an agency, including, but not limited to, a health systems agency, single-county health department, multicounty health department grouping, or nonprofit professional association, representing a designated Parkinsons disease reporting region for the purposes of collecting and collating Parkinsons disease incidence data.(c)(b) The director shall designate Parkinsons disease as a disease required to be reported in the state or any demographic parts of the state in which Parkinsons disease information is collected under this section. All cases of Parkinsons disease diagnosed or treated in the reporting area shall thereafter be reported to the representative of the department authorized to compile the Parkinsons disease data, or any individual, agency, or organization designated to cooperate with that representative.(d)(c) (1) Any A hospital or other facility providing therapy to Parkinsons disease patients within an area designated as a Parkinsons disease reporting area shall report each case of Parkinsons disease to the department or the authorized representative of the department in a format prescribed by the department. If the hospital or other facility fails to report in a format prescribed by the department, the departments authorized representative may access the information from the hospital or the facility and report it in the appropriate format. In these cases, the hospital or other facility shall reimburse the department or the authorized representative for its costs to access and report the information.(2) Any A physician and surgeon, pharmacist, or other health care practitioner diagnosing or providing treatment for Parkinsons disease patients shall report each Parkinsons disease case to the department or the authorized representative of the department except for those cases directly referred to a treatment facility or those previously admitted to a treatment facility for diagnosis or treatment of that instance of Parkinsons disease.(e)(d) All physicians, hospitals, outpatient clinics, and all other facilities, individuals, or agencies providing diagnostic or treatment services to patients with Parkinsons disease shall grant to the department or the authorized representative access to all records that would identify cases of Parkinsons disease or would establish characteristics of Parkinsons disease, treatment of Parkinsons disease, or medical status of any identified Parkinsons disease patient. Willful failure to grant access to those records shall be punishable by a civil penalty of up to five hundred dollars ($500) each day access is refused. Any civil penalties collected pursuant to this subdivision shall be deposited by the department in the General Fund.(f)(e) (1) Except as otherwise provided in this section, all information collected pursuant to this section shall be confidential. For purposes of this section, this information shall be referred to as confidential information.(2) The department and any regional Parkinsons disease registry designated by the department shall use the information to determine the sources of Parkinsons disease.(3) Persons with a valid scientific interest who are engaged in demographic, epidemiological, or other similar studies related to health who meet qualifications as determined by the department, and who agree, in writing, to maintain confidentiality, may be authorized access to confidential information.(4) The department and any regional Parkinsons disease registry designated by the department may enter into agreements to furnish confidential information to other states Parkinsons disease registries, federal Parkinsons disease control agencies, local health officers, or health researchers for the purposes of determining the sources of Parkinsons disease and evaluating measures designed to eliminate, alleviate, or ameliorate their effect. Before confidential information is disclosed to those agencies, officers, researchers, or out-of-state registries, the requesting entity shall agree in writing to maintain the confidentiality of the information, and in the case of researchers, shall also do both of the following:(A) Obtain approval of their committee for the protection of human subjects established in accordance with Part 46 (commencing with Section 46.101) of Title 45 of the Code of Federal Regulations.(B) Provide documentation to the department that demonstrates to the departments satisfaction that the entity has established the procedures and ability to maintain the confidentiality of the information.(5) Notwithstanding any other provision of law, any a disclosure authorized by this section shall include only the information necessary for the stated purpose of the requested disclosure, used for the approved purpose, and not be further disclosed.(6) The furnishing of confidential information to the department or its authorized representative in accordance with this section shall not expose any person, agency, or entity furnishing information to liability, and shall not be considered a waiver of any privilege or a violation of a confidential relationship.(7) The department shall maintain an accurate record of all persons who are given access to confidential information. The record shall include: the name of the person authorizing access; name, title, address, and organizational affiliation of persons given access; dates of access; and the specific purpose for which information is to be used. The record of access shall be open to public inspection during normal operating hours of the department.(8) Notwithstanding any other provision of law, no part of the confidential information shall be available for subpoena, nor shall it be disclosed, discoverable, or compelled to be produced in any civil, criminal, administrative, or other proceeding, nor shall this information be deemed admissible as evidence in any civil, criminal, administrative, or other tribunal or court for any reason.(9) Nothing in this subdivision shall This subdivision does not prohibit the publication by the department of reports and statistical compilations that do not in any way identify individual cases or individual sources of information.(10) Notwithstanding the restrictions in this subdivision, the individual to whom the information pertains shall have access to his or her the individuals own information in accordance with Chapter 1 (commencing with Section 1798) of Title 1.8 of the Civil Code.(g)(f) For the purpose of this section, Parkinsons disease means a chronic and progressive neurologic disorder resulting from deficiency of the neurotransmitter dopamine as the consequence of degenerative, vascular, or inflammatory changes in the area of the brain called the basal ganglia. It is characterized by tremor at rest, slow movements, rigidity of movement, droopy posture, muscle weakness, and unsteady or shuffling gait.(h)(g) Nothing in this section shall This section does not preempt the authority of facilities or individuals providing diagnostic or treatment services to patients with Parkinsons disease to maintain their own facility-based Parkinsons disease registries.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 103865 of the Health and Safety Code is amended to read:(a)The director shall establish a statewide system for the collection of information determining the incidence of Parkinsons disease. Commencing January 1, 2005, the director shall begin phasing in the statewide Parkinsons disease reporting regions. By July 1, 2006, all county or regional registries shall be implemented or initiated. By July 1, 2007, the statewide Parkinsons disease reporting system shall be fully operational. On or before June 1, 2005, the director shall submit an implementation and funding schedule to the Legislature.(b)103865. (a) The department may designate any demographic parts of the state as regional Parkinsons disease incidence reporting areas and may establish regional Parkinsons disease registries, with the responsibility and authority to carry out the intent of this section in designated areas. Designated regional registries shall provide to the department, on a timely basis, Parkinsons disease incidence data as designated by the department. The department may contract with an agency, including, but not limited to, a health systems agency, single-county health department, multicounty health department grouping, or nonprofit professional association, representing a designated Parkinsons disease reporting region for the purposes of collecting and collating Parkinsons disease incidence data.(c)(b) The director shall designate Parkinsons disease as a disease required to be reported in the state or any demographic parts of the state in which Parkinsons disease information is collected under this section. All cases of Parkinsons disease diagnosed or treated in the reporting area shall thereafter be reported to the representative of the department authorized to compile the Parkinsons disease data, or any individual, agency, or organization designated to cooperate with that representative.(d)(c) (1) Any A hospital or other facility providing therapy to Parkinsons disease patients within an area designated as a Parkinsons disease reporting area shall report each case of Parkinsons disease to the department or the authorized representative of the department in a format prescribed by the department. If the hospital or other facility fails to report in a format prescribed by the department, the departments authorized representative may access the information from the hospital or the facility and report it in the appropriate format. In these cases, the hospital or other facility shall reimburse the department or the authorized representative for its costs to access and report the information.(2) Any A physician and surgeon, pharmacist, or other health care practitioner diagnosing or providing treatment for Parkinsons disease patients shall report each Parkinsons disease case to the department or the authorized representative of the department except for those cases directly referred to a treatment facility or those previously admitted to a treatment facility for diagnosis or treatment of that instance of Parkinsons disease.(e)(d) All physicians, hospitals, outpatient clinics, and all other facilities, individuals, or agencies providing diagnostic or treatment services to patients with Parkinsons disease shall grant to the department or the authorized representative access to all records that would identify cases of Parkinsons disease or would establish characteristics of Parkinsons disease, treatment of Parkinsons disease, or medical status of any identified Parkinsons disease patient. Willful failure to grant access to those records shall be punishable by a civil penalty of up to five hundred dollars ($500) each day access is refused. Any civil penalties collected pursuant to this subdivision shall be deposited by the department in the General Fund.(f)(e) (1) Except as otherwise provided in this section, all information collected pursuant to this section shall be confidential. For purposes of this section, this information shall be referred to as confidential information.(2) The department and any regional Parkinsons disease registry designated by the department shall use the information to determine the sources of Parkinsons disease.(3) Persons with a valid scientific interest who are engaged in demographic, epidemiological, or other similar studies related to health who meet qualifications as determined by the department, and who agree, in writing, to maintain confidentiality, may be authorized access to confidential information.(4) The department and any regional Parkinsons disease registry designated by the department may enter into agreements to furnish confidential information to other states Parkinsons disease registries, federal Parkinsons disease control agencies, local health officers, or health researchers for the purposes of determining the sources of Parkinsons disease and evaluating measures designed to eliminate, alleviate, or ameliorate their effect. Before confidential information is disclosed to those agencies, officers, researchers, or out-of-state registries, the requesting entity shall agree in writing to maintain the confidentiality of the information, and in the case of researchers, shall also do both of the following:(A) Obtain approval of their committee for the protection of human subjects established in accordance with Part 46 (commencing with Section 46.101) of Title 45 of the Code of Federal Regulations.(B) Provide documentation to the department that demonstrates to the departments satisfaction that the entity has established the procedures and ability to maintain the confidentiality of the information.(5) Notwithstanding any other provision of law, any a disclosure authorized by this section shall include only the information necessary for the stated purpose of the requested disclosure, used for the approved purpose, and not be further disclosed.(6) The furnishing of confidential information to the department or its authorized representative in accordance with this section shall not expose any person, agency, or entity furnishing information to liability, and shall not be considered a waiver of any privilege or a violation of a confidential relationship.(7) The department shall maintain an accurate record of all persons who are given access to confidential information. The record shall include: the name of the person authorizing access; name, title, address, and organizational affiliation of persons given access; dates of access; and the specific purpose for which information is to be used. The record of access shall be open to public inspection during normal operating hours of the department.(8) Notwithstanding any other provision of law, no part of the confidential information shall be available for subpoena, nor shall it be disclosed, discoverable, or compelled to be produced in any civil, criminal, administrative, or other proceeding, nor shall this information be deemed admissible as evidence in any civil, criminal, administrative, or other tribunal or court for any reason.(9) Nothing in this subdivision shall This subdivision does not prohibit the publication by the department of reports and statistical compilations that do not in any way identify individual cases or individual sources of information.(10) Notwithstanding the restrictions in this subdivision, the individual to whom the information pertains shall have access to his or her the individuals own information in accordance with Chapter 1 (commencing with Section 1798) of Title 1.8 of the Civil Code.(g)(f) For the purpose of this section, Parkinsons disease means a chronic and progressive neurologic disorder resulting from deficiency of the neurotransmitter dopamine as the consequence of degenerative, vascular, or inflammatory changes in the area of the brain called the basal ganglia. It is characterized by tremor at rest, slow movements, rigidity of movement, droopy posture, muscle weakness, and unsteady or shuffling gait.(h)(g) Nothing in this section shall This section does not preempt the authority of facilities or individuals providing diagnostic or treatment services to patients with Parkinsons disease to maintain their own facility-based Parkinsons disease registries.
SECTION 1. Section 103865 of the Health and Safety Code is amended to read:
### SECTION 1.
(a)The director shall establish a statewide system for the collection of information determining the incidence of Parkinsons disease. Commencing January 1, 2005, the director shall begin phasing in the statewide Parkinsons disease reporting regions. By July 1, 2006, all county or regional registries shall be implemented or initiated. By July 1, 2007, the statewide Parkinsons disease reporting system shall be fully operational. On or before June 1, 2005, the director shall submit an implementation and funding schedule to the Legislature.(b)103865. (a) The department may designate any demographic parts of the state as regional Parkinsons disease incidence reporting areas and may establish regional Parkinsons disease registries, with the responsibility and authority to carry out the intent of this section in designated areas. Designated regional registries shall provide to the department, on a timely basis, Parkinsons disease incidence data as designated by the department. The department may contract with an agency, including, but not limited to, a health systems agency, single-county health department, multicounty health department grouping, or nonprofit professional association, representing a designated Parkinsons disease reporting region for the purposes of collecting and collating Parkinsons disease incidence data.(c)(b) The director shall designate Parkinsons disease as a disease required to be reported in the state or any demographic parts of the state in which Parkinsons disease information is collected under this section. All cases of Parkinsons disease diagnosed or treated in the reporting area shall thereafter be reported to the representative of the department authorized to compile the Parkinsons disease data, or any individual, agency, or organization designated to cooperate with that representative.(d)(c) (1) Any A hospital or other facility providing therapy to Parkinsons disease patients within an area designated as a Parkinsons disease reporting area shall report each case of Parkinsons disease to the department or the authorized representative of the department in a format prescribed by the department. If the hospital or other facility fails to report in a format prescribed by the department, the departments authorized representative may access the information from the hospital or the facility and report it in the appropriate format. In these cases, the hospital or other facility shall reimburse the department or the authorized representative for its costs to access and report the information.(2) Any A physician and surgeon, pharmacist, or other health care practitioner diagnosing or providing treatment for Parkinsons disease patients shall report each Parkinsons disease case to the department or the authorized representative of the department except for those cases directly referred to a treatment facility or those previously admitted to a treatment facility for diagnosis or treatment of that instance of Parkinsons disease.(e)(d) All physicians, hospitals, outpatient clinics, and all other facilities, individuals, or agencies providing diagnostic or treatment services to patients with Parkinsons disease shall grant to the department or the authorized representative access to all records that would identify cases of Parkinsons disease or would establish characteristics of Parkinsons disease, treatment of Parkinsons disease, or medical status of any identified Parkinsons disease patient. Willful failure to grant access to those records shall be punishable by a civil penalty of up to five hundred dollars ($500) each day access is refused. Any civil penalties collected pursuant to this subdivision shall be deposited by the department in the General Fund.(f)(e) (1) Except as otherwise provided in this section, all information collected pursuant to this section shall be confidential. For purposes of this section, this information shall be referred to as confidential information.(2) The department and any regional Parkinsons disease registry designated by the department shall use the information to determine the sources of Parkinsons disease.(3) Persons with a valid scientific interest who are engaged in demographic, epidemiological, or other similar studies related to health who meet qualifications as determined by the department, and who agree, in writing, to maintain confidentiality, may be authorized access to confidential information.(4) The department and any regional Parkinsons disease registry designated by the department may enter into agreements to furnish confidential information to other states Parkinsons disease registries, federal Parkinsons disease control agencies, local health officers, or health researchers for the purposes of determining the sources of Parkinsons disease and evaluating measures designed to eliminate, alleviate, or ameliorate their effect. Before confidential information is disclosed to those agencies, officers, researchers, or out-of-state registries, the requesting entity shall agree in writing to maintain the confidentiality of the information, and in the case of researchers, shall also do both of the following:(A) Obtain approval of their committee for the protection of human subjects established in accordance with Part 46 (commencing with Section 46.101) of Title 45 of the Code of Federal Regulations.(B) Provide documentation to the department that demonstrates to the departments satisfaction that the entity has established the procedures and ability to maintain the confidentiality of the information.(5) Notwithstanding any other provision of law, any a disclosure authorized by this section shall include only the information necessary for the stated purpose of the requested disclosure, used for the approved purpose, and not be further disclosed.(6) The furnishing of confidential information to the department or its authorized representative in accordance with this section shall not expose any person, agency, or entity furnishing information to liability, and shall not be considered a waiver of any privilege or a violation of a confidential relationship.(7) The department shall maintain an accurate record of all persons who are given access to confidential information. The record shall include: the name of the person authorizing access; name, title, address, and organizational affiliation of persons given access; dates of access; and the specific purpose for which information is to be used. The record of access shall be open to public inspection during normal operating hours of the department.(8) Notwithstanding any other provision of law, no part of the confidential information shall be available for subpoena, nor shall it be disclosed, discoverable, or compelled to be produced in any civil, criminal, administrative, or other proceeding, nor shall this information be deemed admissible as evidence in any civil, criminal, administrative, or other tribunal or court for any reason.(9) Nothing in this subdivision shall This subdivision does not prohibit the publication by the department of reports and statistical compilations that do not in any way identify individual cases or individual sources of information.(10) Notwithstanding the restrictions in this subdivision, the individual to whom the information pertains shall have access to his or her the individuals own information in accordance with Chapter 1 (commencing with Section 1798) of Title 1.8 of the Civil Code.(g)(f) For the purpose of this section, Parkinsons disease means a chronic and progressive neurologic disorder resulting from deficiency of the neurotransmitter dopamine as the consequence of degenerative, vascular, or inflammatory changes in the area of the brain called the basal ganglia. It is characterized by tremor at rest, slow movements, rigidity of movement, droopy posture, muscle weakness, and unsteady or shuffling gait.(h)(g) Nothing in this section shall This section does not preempt the authority of facilities or individuals providing diagnostic or treatment services to patients with Parkinsons disease to maintain their own facility-based Parkinsons disease registries.
(a)The director shall establish a statewide system for the collection of information determining the incidence of Parkinsons disease. Commencing January 1, 2005, the director shall begin phasing in the statewide Parkinsons disease reporting regions. By July 1, 2006, all county or regional registries shall be implemented or initiated. By July 1, 2007, the statewide Parkinsons disease reporting system shall be fully operational. On or before June 1, 2005, the director shall submit an implementation and funding schedule to the Legislature.(b)103865. (a) The department may designate any demographic parts of the state as regional Parkinsons disease incidence reporting areas and may establish regional Parkinsons disease registries, with the responsibility and authority to carry out the intent of this section in designated areas. Designated regional registries shall provide to the department, on a timely basis, Parkinsons disease incidence data as designated by the department. The department may contract with an agency, including, but not limited to, a health systems agency, single-county health department, multicounty health department grouping, or nonprofit professional association, representing a designated Parkinsons disease reporting region for the purposes of collecting and collating Parkinsons disease incidence data.(c)(b) The director shall designate Parkinsons disease as a disease required to be reported in the state or any demographic parts of the state in which Parkinsons disease information is collected under this section. All cases of Parkinsons disease diagnosed or treated in the reporting area shall thereafter be reported to the representative of the department authorized to compile the Parkinsons disease data, or any individual, agency, or organization designated to cooperate with that representative.(d)(c) (1) Any A hospital or other facility providing therapy to Parkinsons disease patients within an area designated as a Parkinsons disease reporting area shall report each case of Parkinsons disease to the department or the authorized representative of the department in a format prescribed by the department. If the hospital or other facility fails to report in a format prescribed by the department, the departments authorized representative may access the information from the hospital or the facility and report it in the appropriate format. In these cases, the hospital or other facility shall reimburse the department or the authorized representative for its costs to access and report the information.(2) Any A physician and surgeon, pharmacist, or other health care practitioner diagnosing or providing treatment for Parkinsons disease patients shall report each Parkinsons disease case to the department or the authorized representative of the department except for those cases directly referred to a treatment facility or those previously admitted to a treatment facility for diagnosis or treatment of that instance of Parkinsons disease.(e)(d) All physicians, hospitals, outpatient clinics, and all other facilities, individuals, or agencies providing diagnostic or treatment services to patients with Parkinsons disease shall grant to the department or the authorized representative access to all records that would identify cases of Parkinsons disease or would establish characteristics of Parkinsons disease, treatment of Parkinsons disease, or medical status of any identified Parkinsons disease patient. Willful failure to grant access to those records shall be punishable by a civil penalty of up to five hundred dollars ($500) each day access is refused. Any civil penalties collected pursuant to this subdivision shall be deposited by the department in the General Fund.(f)(e) (1) Except as otherwise provided in this section, all information collected pursuant to this section shall be confidential. For purposes of this section, this information shall be referred to as confidential information.(2) The department and any regional Parkinsons disease registry designated by the department shall use the information to determine the sources of Parkinsons disease.(3) Persons with a valid scientific interest who are engaged in demographic, epidemiological, or other similar studies related to health who meet qualifications as determined by the department, and who agree, in writing, to maintain confidentiality, may be authorized access to confidential information.(4) The department and any regional Parkinsons disease registry designated by the department may enter into agreements to furnish confidential information to other states Parkinsons disease registries, federal Parkinsons disease control agencies, local health officers, or health researchers for the purposes of determining the sources of Parkinsons disease and evaluating measures designed to eliminate, alleviate, or ameliorate their effect. Before confidential information is disclosed to those agencies, officers, researchers, or out-of-state registries, the requesting entity shall agree in writing to maintain the confidentiality of the information, and in the case of researchers, shall also do both of the following:(A) Obtain approval of their committee for the protection of human subjects established in accordance with Part 46 (commencing with Section 46.101) of Title 45 of the Code of Federal Regulations.(B) Provide documentation to the department that demonstrates to the departments satisfaction that the entity has established the procedures and ability to maintain the confidentiality of the information.(5) Notwithstanding any other provision of law, any a disclosure authorized by this section shall include only the information necessary for the stated purpose of the requested disclosure, used for the approved purpose, and not be further disclosed.(6) The furnishing of confidential information to the department or its authorized representative in accordance with this section shall not expose any person, agency, or entity furnishing information to liability, and shall not be considered a waiver of any privilege or a violation of a confidential relationship.(7) The department shall maintain an accurate record of all persons who are given access to confidential information. The record shall include: the name of the person authorizing access; name, title, address, and organizational affiliation of persons given access; dates of access; and the specific purpose for which information is to be used. The record of access shall be open to public inspection during normal operating hours of the department.(8) Notwithstanding any other provision of law, no part of the confidential information shall be available for subpoena, nor shall it be disclosed, discoverable, or compelled to be produced in any civil, criminal, administrative, or other proceeding, nor shall this information be deemed admissible as evidence in any civil, criminal, administrative, or other tribunal or court for any reason.(9) Nothing in this subdivision shall This subdivision does not prohibit the publication by the department of reports and statistical compilations that do not in any way identify individual cases or individual sources of information.(10) Notwithstanding the restrictions in this subdivision, the individual to whom the information pertains shall have access to his or her the individuals own information in accordance with Chapter 1 (commencing with Section 1798) of Title 1.8 of the Civil Code.(g)(f) For the purpose of this section, Parkinsons disease means a chronic and progressive neurologic disorder resulting from deficiency of the neurotransmitter dopamine as the consequence of degenerative, vascular, or inflammatory changes in the area of the brain called the basal ganglia. It is characterized by tremor at rest, slow movements, rigidity of movement, droopy posture, muscle weakness, and unsteady or shuffling gait.(h)(g) Nothing in this section shall This section does not preempt the authority of facilities or individuals providing diagnostic or treatment services to patients with Parkinsons disease to maintain their own facility-based Parkinsons disease registries.
(a)The director shall establish a statewide system for the collection of information determining the incidence of Parkinsons disease. Commencing January 1, 2005, the director shall begin phasing in the statewide Parkinsons disease reporting regions. By July 1, 2006, all county or regional registries shall be implemented or initiated. By July 1, 2007, the statewide Parkinsons disease reporting system shall be fully operational. On or before June 1, 2005, the director shall submit an implementation and funding schedule to the Legislature.(b)103865. (a) The department may designate any demographic parts of the state as regional Parkinsons disease incidence reporting areas and may establish regional Parkinsons disease registries, with the responsibility and authority to carry out the intent of this section in designated areas. Designated regional registries shall provide to the department, on a timely basis, Parkinsons disease incidence data as designated by the department. The department may contract with an agency, including, but not limited to, a health systems agency, single-county health department, multicounty health department grouping, or nonprofit professional association, representing a designated Parkinsons disease reporting region for the purposes of collecting and collating Parkinsons disease incidence data.(c)(b) The director shall designate Parkinsons disease as a disease required to be reported in the state or any demographic parts of the state in which Parkinsons disease information is collected under this section. All cases of Parkinsons disease diagnosed or treated in the reporting area shall thereafter be reported to the representative of the department authorized to compile the Parkinsons disease data, or any individual, agency, or organization designated to cooperate with that representative.(d)(c) (1) Any A hospital or other facility providing therapy to Parkinsons disease patients within an area designated as a Parkinsons disease reporting area shall report each case of Parkinsons disease to the department or the authorized representative of the department in a format prescribed by the department. If the hospital or other facility fails to report in a format prescribed by the department, the departments authorized representative may access the information from the hospital or the facility and report it in the appropriate format. In these cases, the hospital or other facility shall reimburse the department or the authorized representative for its costs to access and report the information.(2) Any A physician and surgeon, pharmacist, or other health care practitioner diagnosing or providing treatment for Parkinsons disease patients shall report each Parkinsons disease case to the department or the authorized representative of the department except for those cases directly referred to a treatment facility or those previously admitted to a treatment facility for diagnosis or treatment of that instance of Parkinsons disease.(e)(d) All physicians, hospitals, outpatient clinics, and all other facilities, individuals, or agencies providing diagnostic or treatment services to patients with Parkinsons disease shall grant to the department or the authorized representative access to all records that would identify cases of Parkinsons disease or would establish characteristics of Parkinsons disease, treatment of Parkinsons disease, or medical status of any identified Parkinsons disease patient. Willful failure to grant access to those records shall be punishable by a civil penalty of up to five hundred dollars ($500) each day access is refused. Any civil penalties collected pursuant to this subdivision shall be deposited by the department in the General Fund.(f)(e) (1) Except as otherwise provided in this section, all information collected pursuant to this section shall be confidential. For purposes of this section, this information shall be referred to as confidential information.(2) The department and any regional Parkinsons disease registry designated by the department shall use the information to determine the sources of Parkinsons disease.(3) Persons with a valid scientific interest who are engaged in demographic, epidemiological, or other similar studies related to health who meet qualifications as determined by the department, and who agree, in writing, to maintain confidentiality, may be authorized access to confidential information.(4) The department and any regional Parkinsons disease registry designated by the department may enter into agreements to furnish confidential information to other states Parkinsons disease registries, federal Parkinsons disease control agencies, local health officers, or health researchers for the purposes of determining the sources of Parkinsons disease and evaluating measures designed to eliminate, alleviate, or ameliorate their effect. Before confidential information is disclosed to those agencies, officers, researchers, or out-of-state registries, the requesting entity shall agree in writing to maintain the confidentiality of the information, and in the case of researchers, shall also do both of the following:(A) Obtain approval of their committee for the protection of human subjects established in accordance with Part 46 (commencing with Section 46.101) of Title 45 of the Code of Federal Regulations.(B) Provide documentation to the department that demonstrates to the departments satisfaction that the entity has established the procedures and ability to maintain the confidentiality of the information.(5) Notwithstanding any other provision of law, any a disclosure authorized by this section shall include only the information necessary for the stated purpose of the requested disclosure, used for the approved purpose, and not be further disclosed.(6) The furnishing of confidential information to the department or its authorized representative in accordance with this section shall not expose any person, agency, or entity furnishing information to liability, and shall not be considered a waiver of any privilege or a violation of a confidential relationship.(7) The department shall maintain an accurate record of all persons who are given access to confidential information. The record shall include: the name of the person authorizing access; name, title, address, and organizational affiliation of persons given access; dates of access; and the specific purpose for which information is to be used. The record of access shall be open to public inspection during normal operating hours of the department.(8) Notwithstanding any other provision of law, no part of the confidential information shall be available for subpoena, nor shall it be disclosed, discoverable, or compelled to be produced in any civil, criminal, administrative, or other proceeding, nor shall this information be deemed admissible as evidence in any civil, criminal, administrative, or other tribunal or court for any reason.(9) Nothing in this subdivision shall This subdivision does not prohibit the publication by the department of reports and statistical compilations that do not in any way identify individual cases or individual sources of information.(10) Notwithstanding the restrictions in this subdivision, the individual to whom the information pertains shall have access to his or her the individuals own information in accordance with Chapter 1 (commencing with Section 1798) of Title 1.8 of the Civil Code.(g)(f) For the purpose of this section, Parkinsons disease means a chronic and progressive neurologic disorder resulting from deficiency of the neurotransmitter dopamine as the consequence of degenerative, vascular, or inflammatory changes in the area of the brain called the basal ganglia. It is characterized by tremor at rest, slow movements, rigidity of movement, droopy posture, muscle weakness, and unsteady or shuffling gait.(h)(g) Nothing in this section shall This section does not preempt the authority of facilities or individuals providing diagnostic or treatment services to patients with Parkinsons disease to maintain their own facility-based Parkinsons disease registries.
(a)The director shall establish a statewide system for the collection of information determining the incidence of Parkinsons disease. Commencing January 1, 2005, the director shall begin phasing in the statewide Parkinsons disease reporting regions. By July 1, 2006, all county or regional registries shall be implemented or initiated. By July 1, 2007, the statewide Parkinsons disease reporting system shall be fully operational. On or before June 1, 2005, the director shall submit an implementation and funding schedule to the Legislature.(b)
(a)The director shall establish a statewide system for the collection of information determining the incidence of Parkinsons disease. Commencing January 1, 2005, the director shall begin phasing in the statewide Parkinsons disease reporting regions. By July 1, 2006, all county or regional registries shall be implemented or initiated. By July 1, 2007, the statewide Parkinsons disease reporting system shall be fully operational. On or before June 1, 2005, the director shall submit an implementation and funding schedule to the Legislature.
(b)
103865. (a) The department may designate any demographic parts of the state as regional Parkinsons disease incidence reporting areas and may establish regional Parkinsons disease registries, with the responsibility and authority to carry out the intent of this section in designated areas. Designated regional registries shall provide to the department, on a timely basis, Parkinsons disease incidence data as designated by the department. The department may contract with an agency, including, but not limited to, a health systems agency, single-county health department, multicounty health department grouping, or nonprofit professional association, representing a designated Parkinsons disease reporting region for the purposes of collecting and collating Parkinsons disease incidence data.
(c)
(b) The director shall designate Parkinsons disease as a disease required to be reported in the state or any demographic parts of the state in which Parkinsons disease information is collected under this section. All cases of Parkinsons disease diagnosed or treated in the reporting area shall thereafter be reported to the representative of the department authorized to compile the Parkinsons disease data, or any individual, agency, or organization designated to cooperate with that representative.
(d)
(c) (1) Any A hospital or other facility providing therapy to Parkinsons disease patients within an area designated as a Parkinsons disease reporting area shall report each case of Parkinsons disease to the department or the authorized representative of the department in a format prescribed by the department. If the hospital or other facility fails to report in a format prescribed by the department, the departments authorized representative may access the information from the hospital or the facility and report it in the appropriate format. In these cases, the hospital or other facility shall reimburse the department or the authorized representative for its costs to access and report the information.
(2) Any A physician and surgeon, pharmacist, or other health care practitioner diagnosing or providing treatment for Parkinsons disease patients shall report each Parkinsons disease case to the department or the authorized representative of the department except for those cases directly referred to a treatment facility or those previously admitted to a treatment facility for diagnosis or treatment of that instance of Parkinsons disease.
(e)
(d) All physicians, hospitals, outpatient clinics, and all other facilities, individuals, or agencies providing diagnostic or treatment services to patients with Parkinsons disease shall grant to the department or the authorized representative access to all records that would identify cases of Parkinsons disease or would establish characteristics of Parkinsons disease, treatment of Parkinsons disease, or medical status of any identified Parkinsons disease patient. Willful failure to grant access to those records shall be punishable by a civil penalty of up to five hundred dollars ($500) each day access is refused. Any civil penalties collected pursuant to this subdivision shall be deposited by the department in the General Fund.
(f)
(e) (1) Except as otherwise provided in this section, all information collected pursuant to this section shall be confidential. For purposes of this section, this information shall be referred to as confidential information.
(2) The department and any regional Parkinsons disease registry designated by the department shall use the information to determine the sources of Parkinsons disease.
(3) Persons with a valid scientific interest who are engaged in demographic, epidemiological, or other similar studies related to health who meet qualifications as determined by the department, and who agree, in writing, to maintain confidentiality, may be authorized access to confidential information.
(4) The department and any regional Parkinsons disease registry designated by the department may enter into agreements to furnish confidential information to other states Parkinsons disease registries, federal Parkinsons disease control agencies, local health officers, or health researchers for the purposes of determining the sources of Parkinsons disease and evaluating measures designed to eliminate, alleviate, or ameliorate their effect. Before confidential information is disclosed to those agencies, officers, researchers, or out-of-state registries, the requesting entity shall agree in writing to maintain the confidentiality of the information, and in the case of researchers, shall also do both of the following:
(A) Obtain approval of their committee for the protection of human subjects established in accordance with Part 46 (commencing with Section 46.101) of Title 45 of the Code of Federal Regulations.
(B) Provide documentation to the department that demonstrates to the departments satisfaction that the entity has established the procedures and ability to maintain the confidentiality of the information.
(5) Notwithstanding any other provision of law, any a disclosure authorized by this section shall include only the information necessary for the stated purpose of the requested disclosure, used for the approved purpose, and not be further disclosed.
(6) The furnishing of confidential information to the department or its authorized representative in accordance with this section shall not expose any person, agency, or entity furnishing information to liability, and shall not be considered a waiver of any privilege or a violation of a confidential relationship.
(7) The department shall maintain an accurate record of all persons who are given access to confidential information. The record shall include: the name of the person authorizing access; name, title, address, and organizational affiliation of persons given access; dates of access; and the specific purpose for which information is to be used. The record of access shall be open to public inspection during normal operating hours of the department.
(8) Notwithstanding any other provision of law, no part of the confidential information shall be available for subpoena, nor shall it be disclosed, discoverable, or compelled to be produced in any civil, criminal, administrative, or other proceeding, nor shall this information be deemed admissible as evidence in any civil, criminal, administrative, or other tribunal or court for any reason.
(9) Nothing in this subdivision shall This subdivision does not prohibit the publication by the department of reports and statistical compilations that do not in any way identify individual cases or individual sources of information.
(10) Notwithstanding the restrictions in this subdivision, the individual to whom the information pertains shall have access to his or her the individuals own information in accordance with Chapter 1 (commencing with Section 1798) of Title 1.8 of the Civil Code.
(g)
(f) For the purpose of this section, Parkinsons disease means a chronic and progressive neurologic disorder resulting from deficiency of the neurotransmitter dopamine as the consequence of degenerative, vascular, or inflammatory changes in the area of the brain called the basal ganglia. It is characterized by tremor at rest, slow movements, rigidity of movement, droopy posture, muscle weakness, and unsteady or shuffling gait.
(h)
(g) Nothing in this section shall This section does not preempt the authority of facilities or individuals providing diagnostic or treatment services to patients with Parkinsons disease to maintain their own facility-based Parkinsons disease registries.