new addition to the HEART is our
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
their health care provider, which would include an orthodontist;
does not. The Law and Sexuality journal did a very comprehensive survey
state HIV laws, most recently updated in 2004, that is helpful for this
of question. See 13 Law and Sexuality 1.)
"AIDS" is defined at Health & Safety Code § § 120775, 121125, 121305,
1603.1, Penal Code § 7502, and
Welf. & Inst. Code § 14503.5.
"AIDS vaccine" is defined at Health & Safety Code § § 121270, 121305.
"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.
"Blood," as it pertains to felonious blood donation, is defined at
Health & Safety Code § 1621.5.
"Blood components" and "plasma center" are defined at Health & Safety
Code § 1603.1.
"Board," "damages for personal injuries," and "Fund" are defined at
Health & Safety Code § 121270.
"Care and supervision," "chronic, life-threatening illness," and
"residential care facility" are defined at Health & Safety Code §
"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
"Committee," "grant award," "research subject," and "researcher" are
defined at Health & Safety Code § 121305.
"Cooperative agreement" includes agreements to which the California AIDS
Program is a party. Health & Safety Code § 38072.
"Correctional institution," "counseling," "law enforcement employee,"
"inmate," and "bodily fluids," as they pertain to HIV testing of
prisoners, are defined at Penal Code § 7502.
"Disclosed," and "confidential research record" are defined at Health &
Safety Code § 121125.
"Disclosure" is defined at Health & Safety Code § 121280.
*27 (14) "Eligible child" is defined at
Welf. & Inst. Code § 16135.1.
"Health care worker," as it pertains to occupational illness, is defined
at Lab. Code § 3208.05
"HIV," and "HIV test" are defined at Health & Safety Code § 120775,
Penal Code § 7502, and
Welf. & Inst. Code § 14503.5.
"HIV and AIDS prevention education" is defined at Educ. Code § 51931.
"HIV positive," as it pertains to services for children who are HIV
positive, is defined at
Welf. & Inst. Code § 16135.1.
"Medical director" is defined at Health & Safety Code § 1250.4.
"Medically fragile" is defined at Health & Safety Code § 1760.2.
"Point of sale," as it relates to sellers of alkyl nitrates, is defined
at Health & Safety Code § 120870.
"Public entity" is defined at Health & Safety Code § 1603.4
"Reportable incident," and "source person," as they pertain to HIV
testing of prisoners, are defined at Penal Code § 7554.
"Serious medical condition" is defined at Health & Safety Code §
"Sexual activity," and "unprotected sexual activity," as they relate to
willful exposure to HIV, are defined at Health & Safety Code § 120291.
"Sexual offense" is defined at Penal Code § 1202.1.
"Specialized in-home health care" is defined at
Welf. & Inst. Code § 16135.1.
"Target population" includes low income individuals living with HIV or
AIDS. Health & Safety Code § 53260.
"Unlinked testing" is defined at Health & Safety Code § 120990.
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.
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.
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.
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.
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.
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.
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.
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.
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 § §
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.
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)
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.
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.
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.
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 §
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.
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.
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.
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 §
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.
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.
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 §
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.
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.
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)
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 §
*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)
Insurance (1), (2)
Testing & Reporting (7), (9), (11), (24), (27)
Miscellaneous (2), (3)
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.
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
Services provided by licensed congregate living health facilities to
individuals diagnosed with AIDS are covered under the Medi-Cal benefits
Welf. & Inst. Code § 14132aa.
Social & Medical Services (11), (15), (16), (17), (22)
Testing & Reporting (24), (28)
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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 §
Criminal Law (9)
Testing & Reporting (31)
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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)
SOCIAL & MEDICAL SERVICES
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.
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.
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.
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,
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.
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.
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.
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.
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.
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 §
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 §
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.
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.
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.
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.
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 §
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.
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,
(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
Welf. & Inst. Code § 14137.6.
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.
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
Welf. & Inst. Code § 16525.13
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 §
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.
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.
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.
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.
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.
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.
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 §
*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.
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.
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.
The Director of the Department may administer a program to provide drug
treatments to persons infected with HIV. Health & Safety Code §
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.
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.
The Department may enter into primary care case management contracts
that serve persons infected with HIV.
Welf. & Inst. Code § 14088.85.
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.
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.
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.
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.
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.
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.
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.
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
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)
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),
Miscellaneous (3), (4), (5), (6), (7), (8), (9), (11)
TESTING & REPORTING
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Withdrawal of blood for the purposes of AIDS testing shall be performed
in a medically approved manner. Only a physician, registered nu