Health & Saf. Code, § 123105 · Chapter 1. Patient Access to Health Records
Health & Saf. Code, § 123105
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
As used in this chapter:
(a) “Health care provider” means any of the following:
(1) A health facility licensed pursuant to Chapter 2 (commencing with Section 1250) of Division 2.
(2) A clinic licensed pursuant to Chapter 1 (commencing with Section 1200) of Division 2.
(3) A home health agency licensed pursuant to Chapter 8 (commencing with Section 1725) of Division 2.
(4) A physician and surgeon licensed pursuant to Chapter 5 (commencing with Section 2000) of Division 2 of the Business and Professions Code or pursuant to the Osteopathic Act.
(5) A podiatrist licensed pursuant to Article 22 (commencing with Section 2460) of Chapter 5 of Division 2 of the Business and Professions Code.
(6) A dentist licensed pursuant to Chapter 4 (commencing with Section 1600) of Division 2 of the Business and Professions Code.
(7) A psychologist licensed pursuant to Chapter 6.6 (commencing with Section 2900) of Division 2 of the Business and Professions Code.
(8) An optometrist licensed pursuant to Chapter 7 (commencing with Section 3000) of Division 2 of the Business and Professions Code.
(9) A chiropractor licensed pursuant to the Chiropractic Initiative Act.
(10) A marriage and family therapist licensed pursuant to Chapter 13 (commencing with Section 4980) of Division 2 of the Business and Professions Code.
(11) A clinical social worker licensed pursuant to Chapter 14 (commencing with Section 4990) of Division 2 of the Business and Professions Code.
(12) A physical therapist licensed pursuant to Chapter 5.7 (commencing with Section 2600) of Division 2 of the Business and Professions Code.
(13) An occupational therapist licensed pursuant to Chapter 5.6 (commencing with Section 2570).
(14) A professional clinical counselor licensed pursuant to Chapter 16 (commencing with Section 4999.10) of Division 2 of the Business and Professions Code.
(15) A speech-language pathologist or audiologist licensed pursuant to Chapter 5.3 (commencing with Section 2530) of Division 2 of the Business and Professions Code.
(16) A physician assistant licensed pursuant to Chapter 7.7 (commencing with Section 3500) of Division 2 of the Business and Professions Code.
(17) A nurse practitioner licensed pursuant to Article 8 (commencing with Section 2834) of Chapter 6 of Division 2 of the Business and Professions Code.
(b) “Mental health records” means patient records, or discrete portions thereof, specifically relating to evaluation or treatment of a mental disorder. “Mental health records” includes, but is not limited to, all alcohol and drug abuse records.
(c) “Patient” means a patient or former patient of a health care provider.
(d) “Patient records” means records in any form or medium maintained by, or in the custody or control of, a health care provider relating to the health history, diagnosis, or condition of a patient, or relating to treatment provided or proposed to be provided to the patient. “Patient records” includes only records pertaining to the patient requesting the records or whose representative requests the records. “Patient records” does not include information given in confidence to a health care provider by a person other than another health care provider or the patient, and that material may be removed from any records prior to inspection or copying under Section 123110 or 123115. “Patient records” does not include information contained in aggregate form, such as indices, registers, or logs.
(e) “Patient’s representative,” “patient’s personal representative,” or “representative” means any of the following:
(1) A parent or guardian of a minor who is a patient.
(2) The guardian or conservator of the person of an adult patient.
(3) An agent as defined in Section 4607 of the Probate Code, to the extent necessary for the agent to fulfill the duties set forth in Division 4.7 (commencing with Section 4600) of the Probate Code.
(4) The beneficiary as defined in Section 24 of the Probate Code or personal representative as defined in Section 58 of the Probate Code, of a deceased patient.
(f) “Alcohol and drug abuse records” means patient records, or discrete portions thereof, specifically relating to evaluation and treatment of alcoholism or drug abuse.
Notes and commentary — not statutory text
History
Amended by Stats. 2020, Ch. 101, Sec. 1. (AB 2520) Effective January 1, 2021.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=HSC§ionNum=123105.
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- sha256 8008e230de8ae513e50061311210fd95c559a28e0e47d2ff4b7ff629b7d25db7
- Composed by
- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Business and Professions Code
- Bus. & Prof. Code, div. 2, ch. 4DentistryPrinted as Chapter 4 (commencing with Section 1600) of Division 2 of the Business and Professions Code
- Bus. & Prof. Code, div. 2, ch. 5MedicinePrinted as Chapter 5 (commencing with Section 2000) of Division 2 of the Business and Professions Code
- Bus. & Prof. Code, div. 2, ch. 5, art. 22Podiatric MedicinePrinted as Article 22 (commencing with Section 2460) of Chapter 5 of Division 2 of the Business and Professions Code
- Bus. & Prof. Code, div. 2, ch. 5.3Speech-Language Pathologists, Audiologists, and Hearing Aid DispensersPrinted as Chapter 5.3 (commencing with Section 2530) of Division 2 of the Business and Professions Code
- Bus. & Prof. Code, div. 2, ch. 5.7Physical TherapyPrinted as Chapter 5.7 (commencing with Section 2600) of Division 2 of the Business and Professions Code
- Bus. & Prof. Code, div. 2, ch. 6, art. 8Nurse PractitionersPrinted as Article 8 (commencing with Section 2834) of Chapter 6 of Division 2 of the Business and Professions Code
- Bus. & Prof. Code, div. 2, ch. 6.6PsychologistsPrinted as Chapter 6.6 (commencing with Section 2900) of Division 2 of the Business and Professions Code
- Bus. & Prof. Code, div. 2, ch. 7OptometryPrinted as Chapter 7 (commencing with Section 3000) of Division 2 of the Business and Professions Code
- Bus. & Prof. Code, div. 2, ch. 7.7Physician AssistantsPrinted as Chapter 7.7 (commencing with Section 3500) of Division 2 of the Business and Professions Code
- Bus. & Prof. Code, div. 2, ch. 13Licensed Marriage and Family TherapistsPrinted as Chapter 13 (commencing with Section 4980) of Division 2 of the Business and Professions Code
- Bus. & Prof. Code, div. 2, ch. 16Licensed Professional Clinical CounselorsPrinted as Chapter 16 (commencing with Section 4999.10) of Division 2 of the Business and Professions Code
Health and Safety Code
- Health & Saf. Code, div. 2, ch. 1ClinicsPrinted as Chapter 1 (commencing with Section 1200) of Division 2
- Health & Saf. Code, div. 2, ch. 2Health FacilitiesPrinted as Chapter 2 (commencing with Section 1250) of Division 2
- Health & Saf. Code, div. 2, ch. 8Home Health AgenciesPrinted as Chapter 8 (commencing with Section 1725) of Division 2
- Health & Saf. Code, § 123110Printed as Section 123110 or 123115
- Health & Saf. Code, § 123115Printed as Section 123110 or 123115
Probate Code
Cited by 6 provisions
Provisions in this library whose text cites Health & Saf. Code, § 123105. Each shows the citation as that text prints it.
Business and Professions Code
Health and Safety Code
Welfare and Institutions Code
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.