Mandated Blood Testing and Confidentiality to Protect Public Health
Cal. HSC § 121010
California Statutes
Notwithstanding
Section 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 of this code and
Section 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 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