California Codes, Civil Code - CIV, Division 1 — Persons, Part 2.6 — Confidentiality of Medical Information, Chapter 2 — Disclosure of Medical Information by Providers, Section 56.102

(a) A pharmaceutical company may not require a patient, as a condition of receiving pharmaceuticals, medications, or prescription drugs, to sign an authorization, release, consent, or waiver that would permit the disclosure of medical information that otherwise may not be disclosed under Section 56.10 or any other provision of law, unless the disclosure is for one of the following purposes:

(1) Enrollment of the patient in a patient assistance program or prescription drug discount program.

(2) Enrollment of the patient in a clinical research project.

(3) Prioritization of distribution to the patient of a prescription medicine in limited supply in the United States.

(4) Response to an inquiry from the patient communicated in writing, by telephone, or by electronic mail.

(b) Except as provided in subdivision (a) or Section 56.10, a pharmaceutical company may not disclose medical information provided to it without first obtaining a valid authorization from the patient.

Notes

Prohibits a pharmaceutical company from requiring a patient to sign a disclosure authorization, release, consent, or waiver as a condition of receiving medications, except to enroll the patient in an assistance or discount program or clinical research, prioritize scarce medicines, or answer the patient's own inquiry. Otherwise bars disclosing patient medical information without a valid authorization.

Use as reference

Lexinter.net | California Code, Civil Code - CIV § 56.102 | https://laws.lexinter.net/codes/california/civil-code/division-1/part-2-6/chapter-2/section-56-102

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