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Codes of Ethics for Lawyers & Physicians
Ethical problems arise when professional relationships and confidences are exploited and abused. Violations of professional ethics should be reported to appropriate licensing entities.
The California State Bar, an arm of the California Supreme Court, was established in 1927 and is responsible for investigating and prosecuting complaints against lawyers. The State Bar's mission is to "Preserve and improve our justice system in order to ensure a free and just society under the law." Major principles of ethics are set forth in the State Bar Act, which have the force and effect of law. Additional Rules of Professional Conduct are promulgated by the State Bar.
The California Medical Association was established in 1856 to "Protect the public health and to promote the science and art of medicine." Six principles of medical ethics, derived from the ancient Hippocratic Oath, are widely respected today. In the state of California, the California Medical Board has legislative authority to enforce the Medical Practice Act by licensing physicians and by investigating and prosecuting consumer complaints.
Medical Privacy Laws
California is one of a few states that expressly guarantees a right to privacy in its Constitution. (See Art. 1 § 1 amended in 1972.) The HIPAA Privacy Act, which took effect in 2003, establishes national standards for electronic transfers of health data. California's Confidentiality of Medical Information Act (CMIA) also regulates the use and disclosure of medical information insofar as state law does not interfere with federal HIPAA Privacy law. California also has an Office of Privacy Protection dedicated to promoting and protecting the privacy rights of consumers. HIPAA Privacy violations can be filed with the U.S. Department of Health & Human Services, Office of Civil Rights.
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