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“The only thing necessary for these diseases to the triumph is for good people and governments to do nothing.”

  


 

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CALIFORNIA DISCLOSURE LAWS

(That's a matter of state law.  Arkansas, for example (Ark. Code Ann Sec.
20-15-903) makes it a misdemeanor for people who are HIV+ to fail to inform
their health care provider, which would include an orthodontist; California
does not.  The Law and Sexuality journal did a very comprehensive survey of
state HIV laws, most recently updated in 2004, that is helpful for this sort
of question.  See 13 Law and Sexuality 1.)

DEFINITIONS

  (1) "AIDS" is defined at Health & Safety Code § §  120775, 121125, 121305, 1603.1, Penal Code §  7502, and Welf. & Inst. Code §  14503.5.

   (2) "AIDS vaccine" is defined at Health & Safety Code § §  121270, 121305.

  (3) "Attending physician of the source patient," "available blood,"  "certifying physician," "exposed individual," "health care provider," "first responder," "other potentially infectious materials," "significant exposure," and "source patient" are defined at Health & Safety Code §  120261.

  (4) "Blood," as it pertains to felonious blood donation, is defined at Health & Safety Code §  1621.5.

  (5) "Blood components" and "plasma center" are defined at Health & Safety Code §  1603.1.

  (6) "Board," "damages for personal injuries," and "Fund" are defined at Health & Safety Code §  121270.

  (7) "Care and supervision," "chronic, life-threatening illness," and  "residential care facility" are defined at Health & Safety Code §  1568.01 

  (8) "Certificate," "disability income insurance," "ELISA," "HIV antibody test," "life or disability income insurer," "policy," "positive ELISA test," "reactive Western Blot Assay," and "Western Blot Assay" are defined at Ins. Code §  799.01 

  (9) "Committee," "grant award," "research subject," and "researcher" are defined at Health & Safety Code §  121305.

  (10) "Cooperative agreement" includes agreements to which the California AIDS Program is a party.  Health & Safety Code §  38072.

  (11) "Correctional institution," "counseling," "law enforcement employee,"  "inmate," and "bodily fluids," as they pertain to HIV testing of prisoners, are defined at Penal Code §  7502.

  (12) "Disclosed," and "confidential research record" are defined at Health & Safety Code §  121125.

  (13) "Disclosure" is defined at Health & Safety Code §  121280.

  *27 (14) "Eligible child" is defined at Welf. & Inst. Code §  16135.1.

  (15) "Health care worker," as it pertains to occupational illness, is defined at Lab. Code §  3208.05

  (16) "HIV," and "HIV test" are defined at Health & Safety Code §  120775, Penal Code §  7502, and Welf. & Inst. Code §  14503.5.

  (17) "HIV and AIDS prevention education" is defined at Educ. Code §  51931.

  (18) "HIV positive," as it pertains to services for children who are HIV positive, is defined at Welf. & Inst. Code §  16135.1.

  (19) "Medical director" is defined at Health & Safety Code §  1250.4.

  (20) "Medically fragile" is defined at Health & Safety Code §  1760.2. 

  (21) "Point of sale," as it relates to sellers of alkyl nitrates, is defined at Health & Safety Code §  120870.

  (22) "Public entity" is defined at Health & Safety Code §  1603.4 

  (23) "Reportable incident," and "source person," as they pertain to HIV testing of prisoners, are defined at Penal Code §  7554.

  (24) "Serious medical condition" is defined at Health & Safety Code §  11362.7.

  (25) "Sexual activity," and "unprotected sexual activity," as they relate to willful exposure to HIV, are defined at Health & Safety Code §  120291.

  (26) "Sexual offense" is defined at Penal Code §  1202.1.

  (27) "Specialized in-home health care" is defined at Welf. & Inst. Code §  16135.1.

  (28) "Target population" includes low income individuals living with HIV or AIDS.  Health & Safety Code §  53260.

  (29) "Unlinked testing" is defined at Health & Safety Code §  120990.

 CRIMINAL LAW

  (1) Any person who willfully or negligently discloses HIV test (see Definitions (17)) results to a third party in a manner which identifies or provides identifying characteristics of the test subject, except pursuant to written authorization or an express provision for exemption, that results in economic, bodily, or psychological harm to *28 the test subject is guilty of a misdemeanor, punishable by imprisonment or a fine, or both.  Health & Safety Code §  120980. [FN13]

  (2) It is a felony punishable by imprisonment for any person diagnosed with AIDS (see Definitions (1)) or who has tested reactive to the etiologic agent of AIDS or antibodies, whether a paid volunteer or donor, to knowingly donate blood (see Definitions (4)), semen, breast milk, body organs, or other tissue to any medical center or semen or breast milk bank.  Persons who are mentally incompetent, who self-defer blood at a blood bank, or who donate blood for autologous transfusion shall not be charged with the felony.  In a criminal investigation for such felony, no person shall disclose test results to any officer, employee, or agent of a state or local agency or department unless the test results are disclosed (see Definitions (12)) as otherwise provided by law or pursuant to a search warrant, a subpoena, or a court order.  Health & Safety Code §  1621.5.

  (3) Any person who commits rape, unlawful intercourse with a female under age eighteen, spousal rape, sodomy, or oral copulation with knowledge that he or she has AIDS or carries antibodies to HIV (see Definitions (16)) at the time of commission of the offense shall receive a three year enhancement for each such violation in addition to the sentence provided for the specific offense.  Penal Code §  12022.85.

  (4) Any person who negligently or willfully violates the provisions requiring prior written informed consent of research subjects in a research study relating to AIDS, is guilty of an infraction punishable by a fine of $25.  Any person who maliciously discloses the content of any confidential research record to a third party which results in economic, bodily, or psychological harm to the research subject shall be guilty of a misdemeanor punishable by imprisonment in the county jail for not more than one year or a fine not to exceed $10,000 or both.  Health & Safety Code §  121110.

  (5) Any person who willfully discloses personal identifying data of a defendant charged with a criminal complaint who is tested due to the nature of the crime (see Testing & Reporting (10)) to a person not authorized by statute or court order to receive it, except with the written consent of the tested individual, is guilty of a misdemeanor.  Health & Safety Code §  121070.

  *29 (6) Any person who files a false report of sexual assault in order to obtain test result information shall be guilty of a misdemeanor.  Any person who files a false report and discloses test result information shall be guilty of an additional misdemeanor.  Penal Code §  1524.1.

  (7) Any person who commits an offense involving intravenous use or possession of a controlled substance, illicit possession of a hypodermic needle, sale of a hypodermic needle by an unauthorized individual, lewd or dissolute conduct in a public place, or soliciting or engaging in prostitution shall be required to agree to participate in an AIDS education program as a condition of placing the offender on probation or of permitting the offender to participate in a drug diversion program (see Education (10)).  Penal Code §  1001.10. [FN14]

  (8) Accusatory pleadings for prostitution shall contain notice of both previous conviction and positive result on HIV blood test administered pursuant to statute (see Testing & Reporting (21), (22)).  If the previous conviction and blood test results are found true by the trier of fact, the defendant is guilty of a felony.  Penal Code §  647f.

  (9) Any person who willfully or negligently discloses the results of an HIV antibody test given as a result of an application for insurance to a third party in a manner which identifies the test subject, except pursuant to a written authorization, which results in economic, bodily, or psychological harm to the test subject is guilty of a misdemeanor punishable by imprisonment in the county jail for up to one year and by a fine not to exceed $10,000. Ins. Code §  799.10.

  (10) In addition to punishment for rape, unlawful sexual intercourse with a minor, spousal rape, lewd conduct, prostitution, or intravenous drug use, a judge may assess an additional fine with the proceeds to be used for AIDS education on either the city or county level.  Penal Code § §  264, 647.1. 

  (11) Commission of any specified sex act with knowledge that the defendant has HIV or AIDS at the time of the commission of *30 the offense allows for a sentence enhancement of one, two, or three years in the state prison.  Penal Code §  666.7.

  (12) Any person who exposes another to the HIV by engaging in unprotected sexual activity (see Definitions (25)) when the infected person knows at the time of the unprotected sex that he or she is infected with HIV, has not disclosed his or her HIV-positive status, and acts with the specific intent to infect the other person with HIV, is guilty of a felony punishable by imprisonment in the state prison for three, five or eight years.  Evidence that the person had knowledge of his or her HIV-positive status without additional evidence, shall not be sufficient to prove specific intent.  Health & Safety Code §  120291.

  Education (10), (11)

  Research (1), (2), (3), (13)

  Social & Medical Services (16), (17), (18), (42)

  Testing & Reporting (3), (8), (9) (10), (11), (13), (15), (20), (21), (22),  (23), (24), (25), (26), (27), (32), (37)

  Miscellaneous (3) 

EDUCATION

  (1) School districts may provide comprehensive sexual health education in any kindergarten to grade twelve using instructors trained in the appropriate courses.  A school district that elects to offer comprehensive sexual health education shall satisfy all of the following criteria: instruction and materials shall be age appropriate; all factual information presented shall be medically accurate and objective; instruction shall be made available on an equal basis to a pupil who is an English learner; instruction and materials shall be appropriate for use with pupils of all races, genders, sexual orientations, ethnic and cultural backgrounds, and pupils with disabilities; instruction and materials shall be accessible to pupils with disabilities; instruction and materials shall encourage a pupil to communicate with his or her parents about human sexuality; and instruction and materials shall teach respect for marriage and committed relationships.  Commencing in grade seven, the following criteria shall be satisfied: instruction and materials shall teach that abstinence from sexual intercourse is the only certain way to prevent both unintended pregnancy and sexually transmitted diseases (STDs); instruction and materials shall provide information about STDs, the effectiveness and safety of all Food & Drug Administration (FDA)- *31 approved contraceptive methods, and information on the law on surrendering physical custody of a minor child seventy-two hours or younger. Instruction and materials shall also provide pupils with skills for making and implementing responsible decisions about sexuality.  Instruction and materials for any grade level may not teach or promote religious doctrine and may not reflect or promote bias against any person on the basis of a protected category.  Educ. Code §  51933.

  (2) A school district shall ensure that all pupils in grades seven to twelve, inclusive, receive HIV and AIDS prevention education (see Definitions (17)) from instructors trained in the appropriate courses. Each pupil shall receive this instruction at least once in junior high or middle school and at least once in high school.  HIV and AIDS prevention education must include: information on the nature of HIV (see Definitions (16)) and AIDS (see Definitions (1)) and their effects on the human body; information on the manner in which HIV is and is not transmitted, including information on activities that present the highest risk of HIV infection; discussion of the methods to reduce the risk of HIV infection. This instruction shall emphasize that sexual abstinence, monogamy, the avoidance of multiple sexual partners, and abstinence from intravenous drug use are the most effective means for HIV and AIDS prevention, but shall also include statistics based upon the latest medical information citing the success and failure rates of condoms and other contraceptives in preventing sexually transmitted HIV infection, as well as information on other methods that may reduce the risk of HIV transmission from intravenous drug use.  Instruction must also include: discussion of the public health issues associated with HIV and AIDS; information on local resources for HIV testing and medical care; development of refusal skills to assist pupils in overcoming peer pressure and using effective decisionmaking skills to avoid high-risk activities; and discussion about societal views on HIV and AIDS, including stereotypes and myths regarding persons with HIV and AIDS. This instruction shall emphasize compassion for person living with HIV or AIDS. Educ. Code §  51934.

  (3) A school district shall cooperatively plan and conduct in-service training for all school district personnel that provide HIV and AIDS prevention education. In developing and providing in-service training, a school district shall cooperate and collaborate with the teachers of the district who provide HIV and AIDS prevention *32 education and with the Department of Education. In-service training shall be conducted periodically to enable school district personnel to learn new developments in the scientific understanding of HIV and AIDS. A school district may expand HIV and AIDS in-service training to cover the topic of comprehensive sexual health education.  Educ. Code §  51935.

  (4) It is the intent of the legislature to encourage pupils to communicate with their parents or guardians about human sexuality and HIV and AIDS, and to respect the rights of parents or guardians to supervise their children's education on these subjects.  The legislature intends to create a streamlined process to make it easier for parents and guardians to review materials and evaluation tools related to comprehensive sexual health education and HIV and AIDS prevention education. Educ. Code §  51937.

  (5) A parent or guardian of a pupil has the right to excuse their child from all or part of comprehensive sexual health education, HIV and AIDS prevention education, and assessments related to that education, as follows: at the beginning of each school year, or at the time of the pupil's enrollment, each school district shall notify the parent or guardian of each pupil about instruction in comprehensive sexual health education and HIV and AIDS prevention education; advise the parent or guardian that written and audio visual educational materials used in comprehensive sexual health education and HIV and AIDS prevention education are available for inspection; advise the parent or guardian whether the comprehensive sexual health education or HIV and AIDS prevention education will be taught by school district personnel or by outside consultants; and advise the parent or guardian that the parent or guardian may request in writing that his or her child not receive comprehensive sexual health education or HIV and AIDS prevention education.  Educ. Code §  51938.

  (6) A pupil may not attend any class in comprehensive sexual education or HIV and AIDS prevention education, or participate in any anonymous, voluntary, and confidential test, questionnaire, or survey on pupil health behaviors and risks, if the school has received a written request from the pupil's parent or guardian excusing the pupil from participation. A pupil may not be subject to disciplinary action, academic penalty or other sanction if the pupil's parent or guardian declines to permit the pupil to receive comprehensive sexual health education or HIV and AIDS prevention education or to participate in anonymous, voluntary, and confidential test, questionnaires, or surveys on pupil health behaviors and risks. While comprehensive sexual health education, HIV and AIDS prevention *33 education, or anonymous, voluntary, and confidential test, questionnaire, or survey on pupil health behaviors and risks is being administered, an alternative educational activity shall be made available to pupils whose parents or guardians have requested that they not receive the instruction or participate in the test, questionnaire, or survey. Educ. Code §  51939.

  (7) The legislature intends to fund specified pilot AIDS education programs, implement and evaluate preventative education programs, and promote education of health care practitioners.  Health & Safety Code §  120800.

  (8) Counties shall be reimbursed for funds used to develop preventative education programs for individuals who test positive for HIV.  The Department of Health Services shall issue contracts to evaluate the effectiveness of AIDS information and education programs and contracts for development and implementation of pilot programs for professional education and training of hospital, home health agency, and attendant care workers.  In addition, the Department of Health Services shall promote information and education programs for the general public to correct misinformation about AIDS and establish centralized translation services to facilitate the development of multilanguage, culturally relevant educational materials on HIV infection. Health & Safety Code §  120805.

  


 

  (9) The Department of Education shall provide information to school districts on AIDS and AIDS-related conditions including methods which school employees may use to prevent exposure to AIDS.  Health & Safety Code § §  120875 to 80.

  (10) Each county health department shall select an agency or agencies in the county to provide AIDS prevention education to those persons on probation or participating in a mandatory drug diversion program.  Such AIDS prevention programs shall at a minimum include details about the following subjects: the transmission of HIV; symptoms of AIDS and AIDS-related conditions; prevention through avoidance or cleaning of needles; sexual practices which constitute high risk, low risk, and no risk, including abstinence; and resources for persons who test positive for HIV.  A person participating in a mandatory drug diversion program shall not be required to participate in an AIDS prevention education *34 program provided that the drug diversion program includes an AIDS prevention education component.  Penal Code §  1001.11.

  (11) Fifty dollars out of each fine imposed for advertising by a nonresident pharmacist, unlawful possession of a controlled substance, rape, sodomy, oral copulation, or prostitution shall be used exclusively to pay for establishing and providing for AIDS education programs.  Penal Code §  1463.23.

  (12) The legislature intends for the school districts to give high priority to gang violence and drug and alcohol abuse prevention in-service training programs.  Gang violence and drug and alcohol abuse prevention in-service training includes training on the risk of contracting AIDS associated with intravenous drug use.  Educ. Code §  51265.

  (13) The authority shall establish standards for continuing education of pre-hospital personnel and shall consider including training regarding the characteristics and method of assessment and treatment of AIDS.  Health & Safety Code §  1797.175.

  (14) The Department of Social Services shall develop and implement curricula on AIDS and STD protection.  Welf. & Inst. Code §  903.8.

  Criminal Law (8), (11), (12)

  Social & Medical Services (1), (2), (3), (5), (6), (8), (10), (12), (14),  (15), (17), (18), (21)

  Testing & Reporting (8), (22), (28)

  Miscellaneous (1), (3)

EMPLOYMENT

  (1) An injury compensable under workers' compensation includes a reaction to or a side effect arising from health care provided by an employer to a health care worker (see Definitions (15)) where the health care is intended to prevent the development or manifestation of any bloodborne disease recognized as occupationally incurred by California Division of Occupational Safety and Health, the Centers for Disease Control (CDC), or other governmental entities. Such preventative health care must be provided prior to an exposure or as a consequence of a documented exposure to blood or bodily fluid containing HIV. Such benefits shall not be provided if the worker claims a work-related exposure and tests positive for HIV within forty-eight hours of that exposure. Lab. Code §  3208.05.

  *35 (2) The Board of Occupational Therapy may discipline or deny a licensee for the knowing failure to protect patients by failing to follow infection control guidelines of the board, risking transmission of bloodborne infectious diseases from licensee to patient, patient to patient, of from licensee to licensee.  Bus. & Prof. Code §  2570.28.

  Criminal Law (2)

  Education (9)

  Insurance (1), (2)

  Research (6)

  Testing & Reporting (7), (9), (11), (24), (27)

  Miscellaneous (2), (3)

HOUSING

  (1) No cause of action arises against an owner of real property or his or her agent for the failure to disclose to the transferee that the occupant of the property was afflicted with or died from AIDS (see Definitions (1)).  Civil Code §  1710.2.

  (2) The Department of Health Services may provide supplemental funding to residential AIDS shelters and licensed residential care facilities for persons with a chronic life-threatening illness.  Health & Safety Code §  120815.

  (3) Services provided by licensed congregate living health facilities to individuals diagnosed with AIDS are covered under the Medi-Cal benefits program.  Welf. & Inst. Code §  14132aa.

  Social & Medical Services (11), (15), (16), (17), (22)

  Testing & Reporting (24), (28)

  Miscellaneous (3)

   INSURANCE

  (1) No health care service plan, disability insurer, nonprofit hospital service plan, self-insured employee welfare benefit plan, or life insurer may withhold any settlement or coverage of an individual solely because of the individual's participation in an HIV (see Definitions (16)) or AIDS (see Definitions (1)) vaccine clinical trial.  The sponsor of any such trial shall submit a confidential certificate to the Department of Health Services, which the Department shall endorse and return to the vaccine recipient.  Release of a confidential certificate shall be by written authorization of the *36 vaccine recipient or another person designated in the written certificate.  Health & Safety Code §  121280.

  (2) No insurer shall consider sexual orientation in its underwriting criteria or utilize marital status, living arrangements, occupation, gender, beneficiary designation, zip codes or other territorial classification for the purpose of establishing sexual orientation or determining whether to require HIV testing where that testing is otherwise permitted by law.  Ins. Code §  10140.

  (3) The Commissioner of Insurance shall not approve any health care service plan contract unless the application contains a prominently displayed notice that shall read: "California law prohibits an HIV test from being required or used by health care service plans [or health insurance companies] as a condition for obtaining coverage."  Health & Safety Code §  1389.1, Ins. Code §  10291.5.

  (4) Delaying the payment or provision of hospital, medical, or surgical benefits for services provided with respect to AIDS or AIDS-related complex for more than sixty days after the insurer has received a claim for those benefits, where the purpose of the delay is an investigation to determine whether the condition preexisted the coverage, shall be considered an unfair method of competition and an unfair and deceptive act or practice in the insurance business.  Ins. Code §  790.03.

  (5) A life or disability income insurer may decline a life or disability income insurance application on the basis of a positive ELISA test (see Definitions (8)) followed by a reactive Western Blot Assay (see Definitions (8)) performed by or at the direction of an insurer on the same specimen of the applicant's blood.  This authorization applies only to policies, certificates, and applications for coverage received after 1989 and the issuance or granting of which is otherwise contingent on medical review for other diseases or medical conditions in order to be effective.  Ins. Code §  799.02.  An insurer that requests an applicant to take an HIV test (see Definitions (16)) shall obtain the applicant's written informed consent for the test.  Prior to the applicant's execution of consent the insurer shall provide the applicant material describing HIV, its symptoms, causes, spread, tests used to detect its presence, and what to do if test results are positive.  The insurer shall notify the applicant of a positive test result by notifying the applicant's designated physician.  The Commissioner of Insurance shall develop standardized language for the informed *37 consent disclosure form.  Ins. Code §  799.03. A life or disability income insurer may not require an applicant to undergo an HIV antibody test (see Definitions (8)) unless the cost is borne by the insurer.  Ins. Code §  799.04.

  (6) No life or disability income insurer shall consider the marital status or known or suspected homosexuality or bisexuality of an applicant in determining whether to require an HIV antibody test of that applicant.  Ins. Code §  799.05.

  (7) No application for life or disability income insurance shall contain a question pertaining to prior testing for HIV antibodies unless the question is limited in scope to prior testing for the purpose of obtaining insurance.  Ins. Code §  799.06.

  (8) If an applicant has had a positive ELISA test result or a reactive Western Blot Assay or both, a life or disability income insurer shall not report a code to an insurance support organization or another insurer unless a nonspecific blood test result code is used which does not indicate that the individual was subject to HIV-related testing.  Ins. Code §  799.07.

  (9) No policy or certificate shall limit benefits otherwise payable if loss is caused or contributed to by AIDS or AIDS-related complex unless the insurer could have declined the application or enrollment request of the insured (see Insurance (5)).  Ins. Code §  799.08.

  (10) No life insurance or disability income insurer shall require an HIV antibody test if the results of the test would be used exclusively for the purpose of determining eligibility for hospital, medical, or surgical insurance coverage under a nonprofit hospital service plan or health care service plan. Ins. Code §  799.09.

  (11) Every individual or group health care service plan contract that is issued, amended, or renewed on or after January 1, 2002, that covers hospital, medical, or surgery expenses shall provide coverage for an AIDS vaccine (see Definitions (2)) that is approved by the FDA.  Health & Safety Code §  1367.45.

  (12) Every health care service plan shall establish and implement a procedure by which an enrollee with a condition or disease that requires specialized medical care over a prolonged period of time and is life-threatening, degenerative, or disabling may receive a referral to a specialist or specialty care center that has expertise in treating the condition or disease for the purpose of having the specialist coordinate the enrollee's health care.  In this context, AIDS *38 is a life-threatening, degenerative or disabling disease.  Health & Safety Code §  1374.16.

  (13) Every policy for insurance that is issued, amended, or renewed on or after July 1, 2002, that covers hospital, medical, or surgery expenses shall provide coverage for an FDA-approved AIDS vaccine.  Ins. Code §  10145.2.

  Criminal Law (9)

  Research (6)

  Testing & Reporting (31)

  Miscellaneous (3)

RESEARCH

  (1) Research records in a personally identifying form, developed or acquired by any person in the course of conducting AIDS (see Definitions (1)) research, shall be confidential.  Confidential research records (see Definitions (12)) shall not be disclosed (see Definitions (12)), discoverable, or compelled to be produced by any person unless a court finds there is good cause or a reasonable likelihood that the records in question will disclose material information or evidence of substantial value in connection with a criminal charge against a research subject (see Definitions (9)), and there is no other practicable way of obtaining the information.  Health & Safety Code § §  121075, 121100.

  (2) Confidential research records may be disclosed with the prior written consent of the research subject but only to the extent, under the circumstances, and to the persons authorized in the written consent.  Any authorized disclosure (see Definitions (13)) shall contain a statement describing the limits on disclosure and explaining that violation of the confidentiality of the record may subject a person to civil or criminal liability (see Criminal Law (4)).  Health & Safety Code §  121080.  The contents of confidential research records may be disclosed without prior written consent to medical personnel as necessary in a bona fide medical emergency and to the Department of Health Services (Department) as necessary to conduct special investigations.  Health & Safety Code §  121090. [FN15]  Within thirty days of a request, the content of any confidential research record shall be disclosed to the research subject, the legal representative of the *39 research subject if the research subject is a minor, or the personal representative of a deceased research subject to whom the record pertains. Health & Safety Code §  121095.

  (3) Confidential research records shall be protected in the course of conducting financial audits or program evaluations.  Authorized disclosure of confidential research records shall be made on a case-by-case basis, to the extent it is necessary for audit personnel to know the identity of individual research subjects.  Information disclosed for audit or evaluation purposes should be used only for audit and evaluation purposes and may not be redisclosed or used in any other way.  No civil liability or criminal sanctions shall be imposed for disclosure of confidential research records in accordance with any reporting requirements for a diagnosed case of AIDS.  Health & Safety Code §  121085.

  (4) Prior to participation in a research study relating to AIDS, the informed consent of each research subject shall be obtained, and each research subject shall be provided with a written explanation of the rights and responsibilities of researchers (see Definitions (9)) and research subjects.  Health & Safety Code §  121105.

  (5) Any person who willfully or maliciously discloses the content of any confidential research record to a third party shall be assessed a civil penalty of $1,000 to $5,000 plus actual damages and court costs, to be paid to the research subject.  Health & Safety Code §  121110.

  (6) In the event that the participation of an individual in a research study is disclosed, the information shall not be used to determine employability or insurability of the research subject.  Health & Safety Code §  121115.

  (7) Disclosure of information in order to further research efforts, including publication, dissemination, or sharing of data, statistics, or case studies is permissible so long as no confidential research records are disclosed. Health & Safety Code §  121120.

  (8) In making determinations on requests for approval of drugs or for requests for exemptions from approval requirements, the Department shall employ persons to conduct reviews for approval or exemption.  The AIDS Vaccine Research and Development Advisory Committee (see Definitions (9)) shall review and advise the Department.  No person may contract with the Department for review of a request if that person has a financial interest or a conflict of *40 interest involving the drug being evaluated.  Health & Safety Code §  111605.

  (9) The legislature intends to encourage research on the effectiveness of RU-486 in treating AIDS.  Health & Safety Code §  439.905.

   (10) The California Marijuana Research Program shall develop and conduct studies intended to ascertain the general medical safety and efficacy of marijuana and, if found valuable, shall develop medical guidelines for the appropriate administration and use of marijuana.  The program may solicit proposals for research projects for persons diagnosed with HIV (see Definitions (16)) or AIDS.  Health & Safety Code §  11362.9.

  (11) State agencies shall include in appropriate periodic progress reports, data to the extent to which state funds administered by those agencies are used by grantees to support research on diseases, disorders and health conditions that includes women and minorities in the research trials, and this research shall include HIV and AIDS.  Health & Safety Code §  100239.

   (12) The AIDS Advisory Committee shall be composed of eight members who have knowledge or expertise in the area of public health or AIDS research. Health & Safety Code §  121150.  The committee may review and recommend approvals for grant applications and monitor programs receiving grants. Health & Safety Code §  121165.  The director may award grants to individuals, organizations and facilities for activities that may include public education to reduce panic and lessen unnecessary anxiety about AIDS among California residents and interdisciplinary workshops to facilitate the interchange of knowledge among investigators regarding AIDS and related disorders.  Health & Safety Code §  121170.  The legislature intends for the Department to make every effort possible to insure a comprehensive and diverse expert representation on the committee.  Health & Safety Code §  121335.

  (13) AIDS research may be conducted on prisoners, provided it is voluntary, anonymous and confidential.  Penal Code §  3502.

  Criminal Law (4)

   Social & Medical Services (2), (6)

  Testing & Reporting (5), (13), (14), (15)

  Miscellaneous (3), (4), (5), (6), (9)

 

*41 SOCIAL & MEDICAL SERVICES

  (1) Licensing boards shall consider including training regarding the characteristics and methods of assessment and treatment of AIDS (see Definitions (1)) in any continuing education or training requirements for the following licensees: chiropractors; medical laboratory technicians; dentists; dental hygienists; dental assistants; physicians and surgeons; podiatrists; registered nurses; therapists; acupuncturists; marriage and family therapists; educational psychologists; and clinical social workers.  Bus. & Prof. Code §  32.

  (2) The AIDS Advisory Committee shall advise and assist the state in addressing the public health issues associated with AIDS and shall work with the Department of Health Services (Department) in statewide efforts to promote primary prevention, public education, and the advancement of knowledge regarding AIDS.  Health & Safety Code §  121160.

  (3) The Compassionate Use Act of 1996 ensures that seriously ill Californians have the right to obtain marijuana for medical purposes where that medical use is deemed appropriate and has been recommended by a physician who has determined that the person's health would benefit from the use of marijuana in the treatment of AIDS.  Health & Safety Code §  11362.5.

  (4) The knowing failure of a licensee to follow infection control guidelines of a licensing board, thereby risking transmission of blood-borne infectious diseases from licensee to patient, from patient to patient, or from patient to licensee shall be considered unprofessional conduct for which the licensee may be subject to disciplinary action including denial, suspension, revocation, or imposition of probationary conditions on the professional license.  Bus. & Prof. Code § §  1680, 2660, 2761, 2878, 3527, 3750, 4521, 4955.

  (5) The Office of AIDS in the Department shall be the lead agency within the state responsible for coordinating programs, services, and activities relating to HIV (see Definitions (16)), AIDS, and AIDS-related conditions.  Health & Safety Code §  100119.  The Office of AIDS may do the following: perform strategic planning for implementation of goals and objectives for women's health; coordinate pilot projects funded by the state that are related to women's health; conduct departmental policy analysis on specific issues related to women's health; identify unnecessary duplication of *42 services and future service needs; communicate and disseminate information and perform a liaison function within the Department and to providers of health, social, educational, and support services to women; perform internal staff training and training of health care professionals to ensure more appropriate care; serve as a clearinghouse for information regarding women's health data, strategies, and programs that address women's health issues; encourage innovative response by public and private entities that are attempting to address women's health issues; and provide technical assistance to counties, other public entities, and private entities seeking to obtain funds for initiatives in women's health.  Health & Safety Code §  138.

  (6) The Director of Health Services shall award contracts to early intervention projects to provide long-term services to persons infected with HIV.  The purposes of early intervention projects shall be: to provide appropriate medical treatment to prevent or delay the progression of disease that results from HIV infection; to coordinate services available to HIV-infected persons; and to provide information and education, including behavior change support, to HIV-infected persons to prevent the spread of HIV infection to others.  Projects shall accommodate the special needs of clients by taking into account the circumstances that placed them at risk for becoming infected with HIV.  Early intervention projects awarded contracts shall provide all of the following services: health assessment of infected persons; health education and behavior change support related to reducing the risk of spreading HIV and to maximize the healthy and productive lives of HIV-infected persons; psychosocial counseling services; information and referral for social services; information on available research for the treatment of HIV infection; covered outpatient preventative or therapeutic health care services related to HIV infection; and case management.  Health & Safety Code §  120900.

  (7) The Director of the Department shall establish and may administer a program to provide drug treatments to persons infected with HIV.  Health & Safety Code § §  120950, 120960, 120965.

  (8) The Department shall: issue contracts for the development and implementation of pilot programs to reduce the spread of AIDS through residential detoxification and treatment services for intravenous drug users with AIDS; monitor state and *43 federal AIDS-related policy and budget developments; develop and maintain an information clearinghouse to inform health professionals or community organizations providing services to people with AIDS of the status of current or new clinical drug trials; review, edit, and input summaries from scientific journals into the Computerized AIDS Information Network (CAIN) and do outreach about CAIN availability to health professionals; develop and conduct a needs assessment of the availability of supportive services to people with AIDS; prepare a report to the legislature on the feasibility of coordinating various levels of health care which would serve persons with HIV infection; and include in HIV surveillance and reporting a breakdown of the major Asian-Pacific Islander subgroup populations affected by HIV, newly identified clinical manifestations of HIV, and available resources for health care practitioners to seek diagnostic and treatment information. Health & Safety Code §  120805.

   (9) Pilot projects to demonstrate the cost effectiveness of home health, attendant, or hospice care shall be initiated through a block grant program.  Contractors receiving direct service block grants shall: encourage broad-based community involvement and support for AIDS programs; ensure that proposed services are not duplicated in the community and are based on the needs of people with AIDS, at risk communities, their families, and others affected by AIDS; and develop a comprehensive system of services provided either directly or through referrals.  Health & Safety Code §  120830.

  (10) The Department of Mental Health shall establish an AIDS mental health project including but not limited to the following activities: statewide needs assessment of AIDS-related mental health issues; education and training for mental health professionals throughout the state; and media campaigns on the use of support groups, the relationship of stress and the immune system, and dealing with grief.  Health & Safety Code §  120840.

  (11) Local agency operated AIDS-related substance abuse programs shall initiate pilot programs to reduce the spread of AIDS.  Such programs shall include: residential detoxification programs for intravenous drug users; outpatient detoxification programs; AIDS and substance abuse information, consultation, and resource referral; and outreach, health promotion, health assessment, consultation, and referral for homeless youth substance abusers. Health & Safety Code §  120845.

  *44 (12) The Department shall, in coordination with the Department of Alcohol and Drug Programs, develop a plan which addresses the need for a program of AIDS primary prevention, health, education, testing, and counseling specifically designed for women and children which shall be integrated into other family, children, genetic health, STD, and community care programs.  The AIDS-related services which shall be addressed in the plan shall include but not be limited to providing education appropriate to the cultural background of the clientele and making available confidential HIV antibody testing (see Definitions (8)) and counseling either on site or by referral.  Health & Safety Code §  120860 

  (13) The Department shall develop written guidelines and regulations to minimize the risk of bloodborne infectious disease transmission from health care worker to patient, from patient to patient, and from patient to health care worker.  Health & Safety Code §  1250.11.

  (14) Each skilled nursing or intermediate care facility shall consider including training regarding the characteristics, methods of assessment, and treatment of AIDS.  Health & Safety Code §  1337.1.

  (15) The Director of Health Services shall ensure that within six months after obtaining licensure, an administrator of an adult residential facility and a program director of a social rehabilitation facility shall receive three hours of training on the needs of residents who may be infected with HIV or tuberculosis.  Administrators and program directors shall attend updated training sessions every two years to ensure that information received on HIV remains current.  Health & Safety Code §  1562.5.  The Department of Social Services shall ensure that personnel responsible for licensing applications for residential care facilities (see Definitions (7)) for persons with chronic life-threatening illnesses (see Definitions (7)) receive periodic training regarding the most recent developments in the HIV epidemic and the care and supervision (see Definitions (7)) of people with HIV.  Health & Safety Code §  1568.041.

  (16) The sheriff of each county shall provide inmates who have been sentenced for drug-related offenses with information about behavior that places a person at risk for contracting HIV and about prevention of transmission of AIDS.  The sheriff of each county or the chief probation officer and the Director of Corrections shall provide inmates who have been sentenced for drug-related offenses who are within one month of release or who have been placed on probation or *45 parole with information about behavior that places a person at risk for contracting HIV, prevention of transmission of AIDS, and agencies and facilities that provide testing, counseling, medical, and support services for AIDS victims.  Penal Code §  4018.1.  The Director of Corrections shall provide all inmates at each penal institution with information about behavior that places a person at high risk for contracting HIV and about prevention of transmission of AIDS.  Penal Code §  5008.1.

  


 

  (17) It is recommended that every city or county correctional, custodial, and law enforcement agency which tests prisoners for HIV also have a comprehensive AIDS prevention and education program.  Goals of such a program include education, body fluid precautions, separate housing for infected individuals, and adequate AIDS medical services.  Penal Code §  7552.

  (18) The Director of the Youth Authority shall provide all wards at each penal institution, including camps, with information about behavior that places a person at high risk for contracting HIV and about the prevention of transmission of AIDS.  The director shall provide all wards who are within one month of release or being placed on parole with information about agencies and facilities that provide testing, counseling, medical, and support services for AIDS victims.  Welf. & Inst. Code §  1123.

  (19) Any drug which is approved by the FDA for use in the treatment of AIDS shall be deemed approved for addition to the Medi-Cal list of contract drugs only for the purpose of treating AIDS.  In addition, any drug that meets the following criteria shall be a Medi-Cal benefit subject to utilization controls: any vaccine to protect against HIV infection; any drug or biologic used to treat opportunistic infections associated with AIDS that is either FDA approved or recognized for that use by the American Medical Association Drug Evaluations, the United States Pharmacopoeia Information, or at least two articles from peer reviewed medical journals; any antiviral agent, immune modulator, or other agent administered to people with HIV to counteract the effect of the infection; or any drug or biologic used to treat the chemotherapy-induced suppression of the human immune system resulting from treatment of AIDS.  Welf. & Inst. Code § §  14105.43, 14105.435.

   (20) Medically necessary inpatient and outpatient services associated with the administration of any drug that has been classified by the Department of Social Services or the FDA as having *46 Investigational New Drug (IND) status shall be covered under the Medi-Cal benefits program when the drug is being administered to otherwise eligible persons for the treatment of AIDS, AIDS-related complex, or HIV.  Welf. & Inst. Code §  14137.6.

  (21) The legislature intends that family planning clients, including those clients seeking diagnosis and treatment for a STD, learn how to prevent the transmission of HIV.  Any family planning clinic that has a grant from the Office of Family Planning to provide family planning services shall provide brochures or other written materials which describe ways of becoming infected with HIV and methods of preventing transmission of HIV infection.  Family planning clinics shall also provide clients with information about referrals to anonymous and confidential testing and counseling sites, educational programs, and other support services.  Welf. & Inst. Code §  14503.5.

  (22) The Department of Social Services shall implement a demonstration project for specialized in-home health care (see Definition (27)) services for children who are exposed to alcohol or drugs or who are HIV positive (see Definitions 18)).  Welf. & Inst. Code §  16525.25.  Each participating county shall recruit foster families whose homes shall be licensed as foster family homes and who shall be trained to care for children who are alcohol or drug exposed or who are HIV positive.  Welf. & Inst. Code §  16525.11.  Counties may provide the same training to relatives who are caretakers of eligible children (see Definitions (14)) if the county's allocations permit.  Welf. & Inst. Code §  16525.13 

  (23) The Department, in consultation with the Department of Alcohol and Drug Programs, shall review and report on existing programs administered by the two Departments that provide services to persons with AIDS or persons at risk for becoming infected with HIV to identify whether or not there are unmet needs in targeting these programs to substance abusers, racial and ethnic minority groups, and women.  The Departments shall consider the provision of care to such groups in programs outside of a general acute care hospital setting. Health & Safety Code §  120865.

  (24) It is the intent of the legislature to encourage local communities to enter into partnerships that expand and strengthen supportive housing opportunities for very low income Californians with disabilities such as HIV and AIDS.  Health & Safety Code §  53250.

  *47 (25) The purpose of this chapter is to establish a program for special training and services to facilitate the adoption of children who are HIV positive.  Welf. & Inst. Code §  16135.  The Department shall establish a program of specialized training and supportive services to families adopting court dependent children who are HIV positive.  Welf. & Inst. Code §  16135.10.  The training curriculum shall include but not be limited to: orientation; effect of alcohol and controlled substances on fetuses; normal and abnormal early childhood development; special medical needs and disabilities; recovery from addiction to alcohol and controlled substances; self-care for the caregiver; issues in parenting children with prenatal alcohol and controlled substance exposure; issues specific to caring for an HIV-positive child; and HIV or AIDS in children.  Welf. & Inst. Code §  16135.13.  The county shall determine whether the child is eligible for services and select a specialized prospective adoptive home for the child.  Welf. & Inst. Code §  16135.14. The Department shall develop necessary procedures and standardized programs for a specialized adoptive home training project, assist counties in coordinating sources of funding and services available to eligible children, require that participating counties coordinate available services for this population and their adoptive families, and provide to requesting counties information necessary to establish a program. Welf. & Inst. Code §  16135.25.  A county may place children who are HIV positive in prospective homes.  If a county makes a placement, a preadoptive parent trained by health care professionals may provide specialized in-home health care to that child who was placed in their home for the purpose of adoption. Welf. & Inst. Code §  16135.30. 

  (26) The Office of Health shall serve as a resource for ensuring that programs keep data and information regarding ethnic and racial heath statistics, strategies and programs that address multicultural health issues, including HIV and AIDS.  Health & Safety Code §  152.

  (27) The Alcohol Detoxification and IV Drug User AIDS Education Pilot Project, administered by the alcohol and drug program department of the county, shall treat drug and alcohol abusers through a county-administered in-home detoxification and AIDS education program.  Health & Safety Code § §  11758.51 to 52.  The client contact shall be through a public health nurse who shall provide all the following: information and monitoring throughout the detoxification period; information and educational materials on drug *48 and alcohol abuse; information on the contracting and transmission of AIDS via intravenous drug use; and information and contacts with drug and alcohol, and AIDS support groups.  Health & Safety Code §  11758.52.  The Department shall evaluate the pilot project and evaluate numbers of IV drug users in target counties, status of HIV results among alcoholics and IV drug users not in recovery, drug and alcohol-related jail intakes, and repeat offenses.  Health & Safety Code §  11758.54.

  (28) Each designated local board shall submit to the Department for approval, a local emergency shelter strategy for its region.  A statement of how grant recipients shall be encouraged to develop year-round emergency shelters and transitional housing to meet the diverse needs of the homeless population that includes people living with HIV and AIDS.  Health & Safety Code §  50804.

  (29) The Department of Mental Health shall authorize the establishment of training programs throughout the state for counselors for publicly-funded, community-based, nonprofit organizations with demonstrated expertise in providing free, anonymous or confidential HIV testing services.  The costs associated with these training programs shall be absorbed by participating community-based organizations.  Health & Safety Code §  120871.

  (30) The legislature declares it a great benefit to the public health to provide testing for the presence of antibodies of AIDS as a function separate from the donation of blood or blood components.  The director shall designate counties that will designate alternative testing sites.  Health & Safety Code §  120890.

  (31) If an applicant for an early intervention project contract wishes to be considered, he or she shall indicate how he or she intends to coordinate with county health department programs, community-based organizations that provide HIV-related services, and other public and private entities that may provide services to and HIV-infected person.  Health & Safety Code §  120905.  Data shall be provided to the department on the following: total number of clients served; the number of clients using each service provided by the project; demographics on clients; source of funding for each type of service provided; medical treatment modalities used; changes in the clinical status of clients; changes in behaviors that present risks of transmitting HIV infection; psychosocial changes of clients; referrals made by the project; and perceived number of unmet needs of the clients served by the project.  Health & Safety Code §  120910.

  *49 (32) The Department, through its Office of AIDS, may participate in a rapid HIV test research program conducted with the federal CDC, involving innovative HIV testing and counseling programs.  Health & Safety Code §  120917.

  (33) The legislature intends to require the Department to include early intervention HIV and AIDS education as a component of information and education grants.  Health & Safety Code §  120920.

  (34) The legislature intends to continue to provide temporary funding to ensure that those whose health depends on obtaining AZT can receive the drug. Health & Safety Code §  120930.

  (35) The Director of the Department may administer a program to provide drug treatments to persons infected with HIV.  Health & Safety Code §  120955.

  (36) Any antiviral drug approved by the FDA for treatment of HIV or AIDS shall be available to any eligible person, under this section.  Health & Safety Code §  120966.

   (37) Neither department nor any blood bank or plasma center (see Definitions  (5)) shall be held liable for any damages resulting from the notification of results.  Health & Safety Code §  121005.

  (38) A prenatal health care provider primarily responsible for providing prenatal care to a pregnant patient shall offer HIV information and counseling to every patient that includes: a description of the modes of HIV transmission; methods to reduce the risk of prenatal transmission; and referral information to other HIV prevention and psychosocial services, including anonymous and confidential test site.  The prenatal care provider should also offer an HIV test to every pregnant patient.  Health & Safety Code §  125107.

  (39) The Department may enter into primary care case management contracts that serve persons infected with HIV.  Welf. & Inst. Code §  14088.85.

  (40) A participating county shall provide special training to recruited adoptive parents to care for eligible children, and the training shall include HIV or AIDS in children.  Welf. & Inst. Code §  16125.13.

  (41) The legislature encourages participating counties to design and implement a range of options for specially-trained foster parents and to provide specialized in-home health care to a child who is HIV positive. Welf. & Inst. Code §  16525.20.

  *50 (42) The Director of Corrections may contract with public or private agencies for housing, care, and treatment of inmates with AIDS or an AIDS-related complex.  Penal Code §  2692.

  (43) The Director of the Department shall ensure that administrators of group home facilities have appropriate training to provide the care and services for which a license or certificate is issued.  Health & Safety Code §  1522.41.  In addition, the administrator certification requires a minimum of forty hours classroom instruction that provides training of resident admission, retention and assessment procedures, including the rights of a foster child to have fair and equal access to all available services without discrimination or harassment on the basis of HIV status.  The same standard holds for the training and licensing of any personnel at the department and also for supplemental foster parent training.  Health & Safety Code § §  1563, 1529.2.

  (44) The Urban Community Health Institute has the following duties: to gather local and regional surveillance data to assess the extent, severity, causes and solutions to HIV and AIDS; to implement community-focused interventions and demonstration projects to eliminate HIV and AIDS; to apply population-based sciences to projects that asses the risk factors of HIV and AIDS; to serve as a community resource for technical assistance and training in the communication and dissemination of information; and to facilitate the development of lasting community partnerships to promote health lifestyles that prevent disease and reduce risk factors for HIV and AIDS.  Health & Safety Code §  106005.

  (45) The HIV/AIDS Center shall conduct prevention, education, and counseling programs in high-risk populations identified through partnerships, between the center and community-sponsored outreach programs in local neighborhoods and in local social gathering places of individuals with a high risk for HIV infections.  Health & Safety Code §  106025.

  (46) The Department, through its Office of AIDS, shall appoint and convene a task force to develop recommendations for the use of post-exposure prophylaxis (PEP) in the general population, for the prevention of HIV infection.  Health & Safety Code §  121348.  The task force shall consist of no more than ten members and should include HIV physicians or clinicians, HIV prevention, education, or mental health providers, and representatives of the Office of AIDS.  The representative of the Office of AIDS shall serve as the chair of *51 the task force and shall coordinate the proceedings and actions of the task force. Health & Safety Code §  121348.2.

  (47) The federally qualified health center services and rural health clinic services are covered benefits and shall be reimbursed on a per-visit basis. The per-visit rate may be adjusted based on a change in the scope of services provided.  A change in scope includes an increase in service intensity attributable to changes in the types of patients served, but not limited to, populations with HIV or AIDS, or other chronic disease, or homeless, elderly, migrant, or other special populations.  Welf. & Inst. Code §  14132.100.

  (48) The intent of the legislature is to expand eligibility of Medi-Cal benefits, with the exception of prescription drug benefits provided by the AIDS Drug Assistance Program (ADAP), to persons with HIV who are enrolled in ADAP and who are not disabled, but who, if disabled, would qualify for Medi-Cal benefits.  Welf. & Inst. Code §  14149 

  (49) To qualify for ADAP, the person must enroll in the ADAP program and maintain enrollment.  The Department shall encourage the voluntary enrollment into Medi-Cal managed care of persons who are disabled as a result of AIDS. Welf. & Inst. Code §  14149.3.

  Criminal Law (2)

  Education (1), (2), (3), (8), (10), (11)

  Employment (1)

  Housing (2), (3), (4)

  Insurance (1), (2), (3), (4), (10), (11), (12)

  Research (2), (8)

  Testing & Reporting (1), (2), (4), (5), (6), (7), (8), (9), (11), (12),  (13), (14), (15), (16), (17), (18), (20), (21), (23), (24), (25), (28), (29)

  Miscellaneous (3), (4), (5), (6), (7), (8), (9), (11)

TESTING & REPORTING

  (1) The legislature intends to implement recommendations pertaining to infectious disease screening of blood and other body parts and fluids and notifying donors of the results of those screening tests.  Health & Safety Code §  121150.

  (2) A minor who is twelve years of age or older and who may have come in contact with an infectious, contagious, or communicable disease may consent to medical care related to the *52 diagnosis or treatment of the disease, if the disease or condition is one that is required by law or regulation to be reported to the local health officer or is a STD related to a reportable disease or condition.  The minor's parent or guardian is not liable for payment for medical care provided to a minor under such conditions.  Family Code §  6926.

  (3) No person shall be compelled in any state, county, city, or other local, civil, criminal, administrative, legislative, or other proceedings to identify or to provide characteristics which would identify an individual who is the subject of an HIV blood test (see Definitions (16)).  Health & Safety Code §  120975. [FN16]

  (4) For purposes of diagnosis, care, or treatment of a patient, the results of an HIV test which identifies the test subject may be recorded by the physician who ordered the test in the test subject's medical record or otherwise disclosed (see Definitions (12)) to the test subject's health care providers (see Definitions (3)) without written authorization from the test subject.  "Health care provider" does not include a health care service plan. No further disclosure shall be made unless otherwise permitted by law. Health & Safety Code §  120985.

  (5) Except in the case of a person treating a patient, no person shall perform an HIV blood test without the written consent of the test subject or conservator (see Testing & Reporting (6)).  The person administering the test shall obtain a written statement confirming that consent from the test subject was given.  In the case of a physician or surgeon, the consent required shall be informed consent.  The consent requirement does not apply in the following situations: to a test performed at an alternative site; to certain blood or blood products (see Testing & Reporting (16)); to testing by a medical examiner or other physician on blood from a cadaver when an autopsy is performed or body parts are donated pursuant to the Uniform Anatomical Gift Act; or to testing performed as part of medical research conducted with institutional review board approval or by the Department of Health Services in accordance with protocol for unlinked testing (see Definitions (29)).  Health & Safety Code §  120990.

  *53 (6) When an HIV test subject is not competent to give consent for a blood test, written consent may be obtained from the subject's parent, guardian, conservator, or other person lawfully authorized to make health care decisions for the test subject.  A minor under twelve years of age shall be deemed not competent to give consent.  Health & Safety Code §  121020.

  (7) The results of an HIV blood test may be disclosed to any of the following persons without written authorization: to the subject of the test or the subject's legal representative or conservator; to a test subject's health care provider, not including a health care services plan; to an agent or employee of the test subject's health care provider who provides direct patient treatment; or to a health care provider who procures, processes, distributes, or uses a human body part pursuant to the Uniform Anatomical Gift Act; to a designated officer of an emergency response employee, who is subject to confidentiality requirements.  Health & Safety Code §  121010.

  (8) No physician or surgeon who has the confirmed positive HIV test results of a patient shall be held criminally or civilly liable for disclosing to a person reasonably believed to be a spouse, sexual partner, or person with whom the patient has shared a hypodermic needle, or to the county health officer, that the patient has tested positive for HIV, except that no physician or surgeon shall disclose any identifying information about the individual believed to be infected.  No physician shall disclose a positive HIV test result to a third party unless the physician has first discussed the test result with the patient and has offered the patient appropriate educational and psychological counseling, including information on the risks of transmitting HIV to others and methods of avoiding those risks, and has attempted to obtain the patient's voluntary consent for notification of contacts.  The physician shall notify the patient of the physician's intent to notify the patient's contacts prior to any notification.  The physician shall refer the contact for appropriate care, counseling, and follow-up.  Disclosure is permissive on the part of the physician.  The county health officer may alert any persons reasonably believed to be a spouse, sexual partner, or needle-sharing partner of an individual who has tested positive for HIV without disclosing the identity of the individual believed to be infected and without disclosing the identity of the physician making the report.  The county shall also refer the person contacted for appropriate care and follow-up.  Upon completion of the county health officer's effort to contact any person, *54 all records regarding the person contacted shall be expunged by the county health officer. Health & Safety Code §  121015.

  (9) The purpose of AIDS public safety and testing provisions is to require that information vital to the health and safety of the public, victims of certain crimes, certain defendants and minors, and custodial personnel, peace officers, firefighters, and emergency medical personnel put at risk in the course of their duties, be obtained and disclosed so that precautions can be taken to preserve their health and so that such persons can be relieved of groundless fear of infection.  Health & Safety Code §  121050.

  (10) Any defendant charged in any criminal complaint with unlawful sexual intercourse with a minor, spousal rape, compelling an illicit relationship, inducing consent to a sexual act by fraud or fear, sodomy, lewd or lascivious acts involving children, or oral copulation shall be subject to court ordered HIV testing.  If an alleged victim listed in the petition or complaint makes a written request for testing, the prosecuting attorney or the alleged victim may petition the court for an order to test the defendant for HIV.  The court shall promptly conduct a hearing upon any such petition.  If the court finds that probable cause exists to believe that a transfer of blood, saliva, semen, or other body fluid took place between the defendant and the alleged victim the court shall order that the defendant provide two specimens of blood for testing.  Copies of the test results shall be sent to the defendant, each requesting victim, and if applicable, to the officer in charge and the chief medical officer of the place in which the defendant is incarcerated or detained.  Health & Safety Code §  121055. [FN17]

  (11) Any person charged in a criminal complaint filed with a magistrate, court, or juvenile court in which it is alleged that the defendant or minor interfered with the official duties of a peace officer, firefighter, or emergency medical personnel by biting, scratching, spitting, or transferring blood or other bodily fluids on, upon, or through the skin or membranes of such peace officer, firefighter, or emergency medical personnel shall be subject to court ordered HIV testing following the same procedures as those outlined *55 in §  121055 pertaining to court ordered testing of defendants alleged to have committed sex crimes.  Health & Safety Code §  121060. [FN18]

  (12) Withdrawal of blood for the purposes of AIDS testing shall be performed in a medically approved manner.  Only a physician, registered nu