§ 121010. — 121010. (Amended by Stats. 2013, Ch. 445, Sec. 2.)

California § 121010.

• Jurisdiction: California
• Code HSC: Health and Safety Code - HSC
• Div. 105.: DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL
• Part 4.: PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV)
• Ch. 7.: CHAPTER 7. Mandated Blood Testing and Confidentiality to Protect Public Health

Text

Notwithstanding Section 120975 or 120980, the results of an HIV test, as defined in subdivision (c) of Section 120775, to detect antibodies to the probable causative agent of AIDS may be disclosed to any of the following persons without written authorization of the subject of the test:
(a)
To the subject of the test or the subject’s legal representative, conservator, or to any person authorized to consent to the test pursuant to Section 120990 of this code and Section 6926 of the Family Code.
(b)
To a test subject’s provider of health care, as defined in subdivision (j) of Section 56.05 of the Civil Code,
except that for purposes of this section, “provider of health care” does not include a health care service plan regulated pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2.
(c)
To an agent or employee of the test subject’s provider of health care who provides direct patient care and treatment.
(d)
To a provider of health care who procures, processes, distributes, or uses a human body part donated pursuant to the Uniform Anatomical Gift Act (Chapter 3.5 (commencing with Section 7150) of Part 1 of Division 7).
(e)
(1)
To the designated officer of an emergency response employee, and from that designated officer to an emergency response employee regarding possible exposure to HIV or
AIDS, but only to the extent necessary to comply with provisions of the federal Ryan White Comprehensive AIDS Resources Emergency Act of 1990 (Public Law 101-381; 42 U.S.C. Sec. 201).
(2)
For purposes of this subdivision, “designated officer” and “emergency response employee” have the same meaning as these terms are used in the federal Ryan White Comprehensive AIDS Resources Emergency Act of 1990 (Public Law 101-381; 42 U.S.C. Sec. 201).
(3)
The designated officer shall be subject to the confidentiality
requirements specified in Section 120980, and may be personally liable for unauthorized release of any identifying information about the HIV results. Further, the designated officer shall inform the exposed emergency response employee that the employee is also subject to the confidentiality requirements specified in Section 120980, and may be personally liable for unauthorized release of any identifying information about the HIV test results.

Legislative History

Amended by Stats. 2013, Ch. 445, Sec. 2. (SB 249) Effective January 1, 2014.